Bismarck Baptist Church v. The essential elements of a claim or an affirmative defense must be proven by the greater weight of the evidence. Evidence is of greater weight if, when considered and compared with that opposed to it, it is more persuasive and convinces you that what a party seeks to prove is more likely true than not true. Cites to be added. It is unlawful for an employer to discriminate on the basis of an employee's sex.
Sexual harassment is a form of sex discrimination.
Plaintiff alleges the Defendant engaged in sex discrimination by creating or maintaining a hostile or offensive work environment. The Defendant knew or should have known of the harassment and failed to take proper remedial action. This suggested Special Verdict Form applies to claims arising after July 8, 1987. This form must be revised as required for each case. Instruction 10 does not apply to contract cases.