PJC Business

PJC 107.11

E MPLOYMENT

PJC 107.11B Question and Instruction on Disability (Regarded as)

Was Paul Payne ’s [ actual ] [ perceived ] impairment a motivating factor for Don Davis ’s [ describe adverse employment action ] of Paul Payne ? [ An actual impairment ] [ An employer’s perception of an impairment ], either physical or mental, must not be a motivating factor for an employer’s adverse action against an [ employee ] [ applicant ]. [ The employee must show the impairment either was not minor or that it lasted, or was expected to last, at least six months .] [ The employer must show the impairment was minor and that it lasted or was expected to last less than six months .] A “motivating factor” in an employment decision is a reason for making the decision at the time it was made. There may be more than one motivating factor for an employment decision. If you do not believe the reason Don Davis has given for [ failing or refusing to hire, discharging, or (describe other adverse employment action except for failing to accommodate) ], you may, but are not required to, infer that Don Davis was motivated by Paul Payne ’s perceived [ mental or physical ] impair ment. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 107.11B is to be used if a regarded-as disability is alleged to be the basis of an employer’s commission of an unlawful employment practice. Source of instruction. PJC 107.11B is derived from the Americans with Disabil ities Act of 1990 (ADA), 42 U.S.C. §§12101–12213, as amended by the ADA Amendments Act of 2008 (ADAAA), and from amendments to the Texas Labor Code. See Tex. Lab. Code ch. 21. The definitions are contained in the Equal Employment Opportunity Commission (EEOC) regulations implementing the equal employment provisions of the ADAAA, 29 C.F.R. §§ 1630.1–.16. Effective September 1, 2009, the disability discrimination provisions of chapter 21 of the Texas Labor Code were amended to conform to the amendments to the federal ADA. The implementing fed eral regulations relating to the federal amendments are effective May 24, 2011. See 29 C.F.R. §§ 1630.1–.16.

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