PJC Business

E MPLOYMENT

PJC 107.9

Because the “but for” causation standard applies to retaliation cases under Tex. Lab. Code §21.055, the following instruction may be given as part of the question in PJC 107.9: You may find that Don Davis ’s decision to [ fail or refuse to hire, discharge, or (describe other adverse employment action) ] Paul Payne was because of Paul Payne ’s [ opposition to a discriminatory practice; making or filing a charge of discrimination; filing a com plaint; or testifying, assisting, or participating in any manner in a discrimination investigation, proceeding, or hearing under chapter 21 of the Texas Labor Code (formerly Texas Commission on Human Rights Act) ] even if there is no evidence of retaliatory bias on the part of Don Davis if Paul Payne proves that another individual exhibited such retaliatory bias and had leverage or exerted influence over Don Davis ’s decision to [ fail or refuse to hire, discharge, or (describe other adverse employment action) ] Paul Payne . Paul Payne is not required to prove that Don Davis knew or should have known of the other individual’s retaliatory motive.

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