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 person of age] in the same position. That is, you must determine whether a [plaintiff’s reasonable person of age] 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 person of age]. The reasonable [plaintiff’s person of age] 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 8.1.3 and 8.1.4. This instruction is substantively identical to the definition of hostile work environment in Title VII cases. See Instruction 5.2.1.
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 person of [plaintiff’s age] in the same position. That is, you must determine whether a reasonable person of [plaintiff’s age] 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 person of [plaintiff’s age]. The reasonable person of [plaintiff’s age] 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 8.1.3 and 8.1.4. This instruction is substantively identical to the definition of hostile work environment in Title VII cases. See Instruction 5.2.1.
8_Chap_8_2018_March.docx