Kansas Jury Instruction - 1.9.3 Miscellaneous Issues Retaliation

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-9-3
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Kansas Jury Instruction 1.9.3 is a set of guidelines provided to the jury during a trial in Kansas that addresses miscellaneous issues related to retaliation. Retaliation refers to any adverse actions taken against an individual for engaging in protected activities or asserting their legal rights. Under Kansas law, there are several types of retaliation addressed by Instruction 1.9.3. These may include: 1. Workplace Retaliation: This type of retaliation occurs when an employee faces negative consequences, such as demotion, termination, or adverse treatment, for reporting unlawful activities, filing a complaint, or participating in an investigation. 2. Whistleblower Retaliation: Whistleblower retaliation is specifically directed towards individuals who expose illegal or unethical activities within an organization. Instruction 1.9.3 provides guidance to the jury on how to handle cases involving retaliation against whistleblowers. 3. Witness Retaliation: This instruction also covers retaliation against witnesses involved in legal proceedings, such as trials or investigations. Witnesses who face threats, intimidation, or adverse actions for providing testimony or information may seek protection under this category. 4. Anti-Discrimination Retaliation: Here, Instruction 1.9.3 addresses situations where an individual faces adverse consequences of opposing or reporting discriminatory practices in the workplace or elsewhere based on protected characteristics like race, gender, age, religion, or disability. It is important for the jury to consider several factors when evaluating a retaliation claim. Instruction 1.9.3 emphasizes that the motive behind the alleged retaliation must be based on the protected activity or opposition rather than a legitimate reason unrelated to the individual's actions. Additionally, the instruction advises the jury to assess whether the retaliatory action had a significant adverse impact on the individual's employment, reputation, or other applicable areas to determine the severity and damages inflicted. By providing clarity on various forms of retaliation and the criteria for evaluating such claims, Kansas Jury Instruction 1.9.3 aims to assist the jury in reaching a fair and just decision in cases involving retaliation. This instruction ensures that individuals who face adverse consequences for exercising their rights or engaging in protected activities are adequately protected under the law.