Ill. Pattern Jury Instr. (Civil) 255.09

OF PROOF INSTRUCTION

Burden of Proof on the Issues - Quid Pro Quo Sexual Harassment

As to plaintiff’s claim of sexual harassment [in Count . . . of the Complaint], the plaintiff

has the burden of proving each of the following propositions by a preponderance of the evidence:

a) The defendant [the defendant ’s employee/s,] [made unwelcome sexual advances,]

[requests for sexual favors,] [engaged in conduct of a sexual nature];

b) The defendant’s conduct was based on the plaintiff’s [sex/gender/sexual orientation];

c) Submission to such conduct was made either explicitly or implicitly a term or condition of

the plaintiff’s employment;

d) The plaintiff’s submission to or rejection of such conduct was used as a basis for one or

more employment decisions by the defendant adversely affecting the plaintiff;

e) ( for cases where the plaintiff alleges a claim against a defendant employer based on the

conduct of a nonmanagerial or nonsupervisory employee or of a nonemployee : [The defendant

became aware of the conduct and failed to take reasonable corrective measures]); and

f) The plaintiff sustained damages because of the defendant's conduct.

If you find from your consideration of all the evidence that each of these propositions has

been proved, then your verdict will be for the plaintiff and you should proceed to Verdict Form . .

.

On the other hand, if you find from your consideration of all the evidence that any of these

propositions has not been proved, then your verdict will be for the defendant and you should

proceed to Verdict Form . . . .

Instruction, Notes on Use and Comment approved December 2022.