3065. Sexual Harassment In Defined Relationship Essential Factual Elements

30 Instruction No 1 . Sexual Harassment in Defined Relationship-- Elements (Civ. Code, § 51.9) Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] sexually harassed [him/her]. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. That [name of plaintiff] had a business, service, or professional relationship with [name of defendant]; [That [name of defendant] made [sexual advances/solicitations/sexual requests/demands for sexual compliance/ [insert other actionable conduct]] to [name of plaintiff];] [or] [That [name of defendant] engaged in [verbal/visual/physical] conduct of a [sexual nature/hostile nature based on gender];] 3. 4. 5. That [name of defendant]'s conduct was unwelcome and also pervasive or severe; That [name of plaintiff] was unable to easily end the relationship with [name of defendant]; and That [name of plaintiff] has suffered or will suffer [economic loss or disadvantage/personal injury/the violation of a statutory or constitutional right] as a result of [name of defendant]'s conduct. ________________________________________________________________________________ New September 2003; Revised April 2008; Renumbered from CACI No. 3024 December 2012