Florida Jury Instruction - 1.1.3 Public Employee Equal Protection Claim Race and or Sex Discrimination Hostile Work Environment - Separate Liability
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FAQ
?Clear and convincing evidence? is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.
New Mexico, 467 U.S. 310 (1984), "clear and convincing? means that the evidence is highly and substantially more likely to be true than untrue. In other words, the fact finder must be convinced that the contention is highly probable. States vary with regard to which standard of proof they require.
Clear and convincing evidence is evidence that produces in your minds a firm belief or conviction that the allegations sought to be proved by the evidence are true.
2003)(To establish a prima facie case of hostile work environment sexual harassment by non-supervisory co-workers, a plaintiff must establish all of the following: 1) membership in a protected group, 2) the occurrence of unwelcome harassment, 3) a causal nexus between the harassment and her membership in the protected ...
In short, "clear" describes the character of unambiguous evidence, whether true or false; "convincing" describes the effect of evidence on an observer.
The evidence must be credible; the memories of the witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy.
Title VII of the Civil Rights Act prohibits an employer from treating you differently, or less favorably, because of your sex, which is defined to include pregnancy, sexual orientation, and gender identity.
Under Title VII, a hostile work environment exists when the workplace is "permeated with discriminatory, intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment." For example, evidence of sexual harassment ...