PJC Business

E MPLOYMENT

PJC 107.12

known disability. This is charged separately from PJC 107.6 because the definition of disability in accommodation cases is different from that in other disability discrimina tion cases. There is no duty to accommodate unless the person has an actual disability, as distinct from a perceived disability. See Tex. Lab. Code §21.128(d). Some of the actual disability instructions included in the Comment to PJC 107.11 can also apply to PJC 107.12 and may be submitted in conjunction with this question in an appropriate case. Source of instruction. PJC 107.12 is derived from Tex. Lab. Code §21.128 and 29 C.F.R. § 1630.2(o) (Equal Employment Opportunity Commission (EEOC) regula tions implementing the equal employment provisions of the Americans with Disabili ties Act, including a nonexclusive list of potential reasonable accommodations). Broad-form submission. PJC 107.12 is a broad-form question designed to be accompanied by one or more appropriate instructions. Tex. R. Civ. P. 277 requires that “the court shall, whenever feasible, submit the cause upon broad-form questions.” Tex. R. Civ. P. 277; see Thota v. Young , 366 S.W.3d 678, 689 (Tex. 2012) (rule 277’s use of “whenever feasible” mandates broad-form submission in any or every instance in which it is capable of being accomplished). For further discussion, see PJC116.2 regarding broad-form issues and the Casteel doctrine.

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