Oregon 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.

Oregon Jury Instruction — 1.9.3 Miscellaneous Issues Retaliation: A Detailed Overview In Oregon, the jury instruction 1.9.3 pertains to the topic of retaliation within the legal system. This instruction provides guidance to the jury regarding the various aspects of retaliation cases and the factors they should consider while reaching a verdict. Retaliation occurs when an individual takes adverse actions against another party in response to a protected activity they engaged in, such as filing a complaint or providing testimony. Key elements covered by Oregon Jury Instruction — 1.9.3 Miscellaneous Issues Retaliation include: 1. Elements of Retaliation: This instruction outlines the essential elements that need to be proven to establish a retaliation claim. These elements generally include proving that the plaintiff engaged in protected activity, the defendant was aware of the protected activity, an adverse action was taken against the plaintiff, and a causal relationship exists between the protected activity and the adverse action. 2. Protected Activities: Oregon law provides specific activities that are protected under retaliation claims. These activities typically involve reporting or opposing unlawful practices, participating in legal proceedings, or exercising legal rights. Examples may include reporting discrimination, filing a workers' compensation claim, or refusing to engage in illegal practices. 3. Adverse Actions: Instruction 1.9.3 clarifies the definition of adverse actions. These actions can vary widely and may include termination, demotion, reduction in pay or benefits, reassignment to less desirable tasks or shifts, harassment, or any action that could dissuade a reasonable person from engaging in protected activity. 4. Causal Relationship: To establish retaliation, a plaintiff must provide evidence showing a causal link between their protected activity and the adverse action taken against them. Instruction 1.9.3 advises the jury on the factors to consider in determining whether this causal relationship exists, including the proximity in time between the protected activity and adverse action, any retaliatory statements made by the defendant, previous incidents of retaliation, and any discriminatory treatment in comparison to other employees. Different types of Oregon Jury Instruction — 1.9.3 Miscellaneous Issues Retaliation may depend on the particular circumstances of the case. Sub-categories or variations could include: 1. Retaliation in Employment Cases: This refers to retaliation within the context of employment, where an employee engages in protected activity and subsequently faces adverse actions from their employer. It may involve issues such as wrongful termination, demotion, or other workplace retaliatory measures for engaging in protected activities. 2. Retaliation in Civil Rights Cases: This type of retaliation specifically focuses on cases related to civil rights violations, where retaliation occurs against individuals involved in asserting their rights, such as reporting discrimination, participating in legal proceedings, or advocating for equal treatment. 3. Retaliation in Whistleblower Cases: Whistleblower retaliation cases involve individuals who report illegal activities or misconduct by their employers and subsequently experience adverse actions as a direct consequence of their whistleblowing activities. In summary, Oregon Jury Instruction — 1.9.3 Miscellaneous Issues Retaliation provides crucial guidance to the jury in understanding the elements and considerations involved in retaliation claims. By understanding the relevant keywords, such as protected activities, adverse actions, and causal relationships, the jury can evaluate the evidence and determine the appropriate verdict in cases involving retaliation.