3d Cir. Model Jury Instr. (Civil) 8.2.1

Model 2

In determining whether a work environment is “hostile” you must look at all of the 3

circumstances, which may include: 4

• The total physical environment of [plaintiff’s] work area. 5

• The degree and type of language and insult that filled the environment before and after 6

[plaintiff] arrived. 7

• The reasonable expectations of [plaintiff] upon entering the environment. 8

• The frequency of the offensive conduct. 9

• The severity of the conduct. 10

• The effect of the working environment on [plaintiff’s] mental and emotional well-being. 11

• Whether the conduct was unwelcome, that is, conduct [plaintiff] regarded as unwanted or 12

unpleasant. 13

• Whether the conduct was pervasive. 14

• Whether the conduct was directed toward [plaintiff]. 15

• Whether the conduct was physically threatening or humiliating. 16

• Whether the conduct was merely a tasteless remark. 17

• Whether the conduct unreasonably interfered with [plaintiff’s] work performance. 18

Conduct that amounts only to ordinary socializing in the workplace, such as occasional 19

horseplay, occasional use of abusive language, tasteless jokes, and occasional teasing, does not 20

constitute an abusive or hostile work environment. A hostile work environment can be found only 21

if there is extreme conduct amounting to a material change in the terms and conditions of 22

employment. Moreover, isolated incidents, unless extremely serious, will not amount to a hostile 23

work environment. 24

It is not enough that the work environment was generally harsh, unfriendly, unpleasant, 25

crude or vulgar to all employees. In order to find a hostile work environment, you must find that 26

[plaintiff] was harassed because of [his/her] age. The harassing conduct may, but need not be age-27

based in nature. Rather, its defining characteristic is that the harassment complained of was linked 28

to [plaintiff’s] age. The key question is whether [plaintiff], as a person of [plaintiff ’s age] was 29

subjected to harsh employment conditions to which substantially younger employees were not. 30