to [race]. The key question is whether [plaintiff], as a race], was subjected [plaintiff’s] [plaintiff’s to harsh employment conditions to which [those other than members of the race] were plaintiff’s not. It is important to understand that, in determining whether a hostile work environment existed at the you must consider the evidence from the perspective of a [employer’s workplace] reasonable [member of race] in the same position. That is, you must determine whether plaintiff’s a reasonable [member of race] would have been offended or harmed by the conduct in plaintiff’s question. You must evaluate the total circumstances and determine whether the alleged harassing behavior could be objectively classified as the kind of behavior that would seriously affect the psychological or emotional well-being of a reasonable [member of race]. The reasonable plaintiff’s [member of race] is simply one of normal sensitivity and emotional make-up. plaintiff’s Comment This instruction can be used if the court wishes to provide a more detailed instruction on what constitutes a hostile work environment than those set forth in Instructions 6.1.3 and 6.1.4. This instruction is substantively identical to the definition of hostile work environment in Title VII cases. See Instruction 5.2.1. The standards for a hostile work environment claim are identical under Title VII and Section 1981. 124 Fed.Appx. 92, 94 (3d Cir. See, e.g., Verdin v. Weeks Marine Inc., 2005) hostile work environment claim, the same standard used under Title (“Regarding Verdin's VII applies under Section 92 Fed.Appx. 1981.”); Ocasio v. Lehigh Valley Family Health Center, 876, 879-80 (3d Cir. 2004) amended by the 1991 Civil Rights Act, § 1981 now encompasses (“As hostile work environment claims, and we apply the same standards as in a similar Title VII Where the plaintiff seeks recovery under both Title VII and Section 1981, this instruction claim.”). may be given for both causes of action. For further commentary on the definition of a hostile work environment, see Instruction 5.2.1.
to [plaintiff’s] [race]. The key question is whether [plaintiff], as a [plaintiff’s race], was subjected to harsh employment conditions to which [those other than members of the plaintiff’s race] were not. It is important to understand that, in determining whether a hostile work environment existed at the [employer’s workplace] you must consider the evidence from the perspective of a reasonable [member of plaintiff’s race] in the same position. That is, you must determine whether a reasonable [member of plaintiff’s race] would have been offended or harmed by the conduct in question. You must evaluate the total circumstances and determine whether the alleged harassing behavior could be objectively classified as the kind of behavior that would seriously affect the psychological or emotional well-being of a reasonable [member of plaintiff’s race]. The reasonable [member of plaintiff’s race] is simply one of normal sensitivity and emotional make-up. Comment This instruction can be used if the court wishes to provide a more detailed instruction on what constitutes a hostile work environment than those set forth in Instructions 6.1.3 and 6.1.4. This instruction is substantively identical to the definition of hostile work environment in Title VII cases. See Instruction 5.2.1. The standards for a hostile work environment claim are identical under Title VII and Section 1981. See, e.g., Verdin v. Weeks Marine Inc., 124 Fed.Appx. 92, 94 (3d Cir. 2005) (“Regarding Verdin's hostile work environment claim, the same standard used under Title VII applies under Section 1981.”); Ocasio v. Lehigh Valley Family Health Center, 92 Fed.Appx. 876, 879-80 (3d Cir. 2004) (“As amended by the 1991 Civil Rights Act, § 1981 now encompasses hostile work environment claims, and we apply the same standards as in a similar Title VII claim.”). Where the plaintiff seeks recovery under both Title VII and Section 1981, this instruction may be given for both causes of action. For further commentary on the definition of a hostile work environment, see Instruction 5.2.1.