PJC Business

PJC 107.13

E MPLOYMENT

PJC 107.13 Question and Instruction on Undue Hardship Defense

If you answered “Yes” to Question ______ [ 107.12 ], then answer the follow ing question. Otherwise, do not answer the following question.

QUESTION ______

Would a reasonable workplace accommodation to Paul Payne ’s known dis ability have caused undue hardship to the operation of Don Davis ’s business? “Reasonable workplace accommodation” is defined in Question ______ [ 107.12 ]. “Undue hardship” means a significant difficulty or expense incurred by an employer in light of the reasonableness of the costs of any necessary workplace accommodation considered in light of the availability of all alternatives or other appropriate relief. Answer “Yes” or “No.” Answer: _______________ When to use. PJC 107.13 should be used if the employer presents evidence of undue hardship in defense to a claim of lack of reasonable workplace accommodation under Tex. Lab. Code § 21.128. Source of question and instructions. PJC 107.13 is derived from Tex. Lab. Code §21.128(b) and 29 C.F.R. §1630.2(p) (Equal Employment Opportunity Commission (EEOC) regulations implementing the equal employment provisions of the Americans with Disabilities Act). Broad-form submission. PJC 107.13 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). COMMENT

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