PJC Business

E MPLOYMENT

PJC 107.14

PJC 107.14 Question on Good-Faith Effort to Make Reasonable Workplace Accommodation If you answered “Yes” to Question ______ [ 107.12 ], then answer the follow ing question. Otherwise, do not answer the following question. QUESTION ______ Did Don Davis consult with Paul Payne in good faith in an effort to identify and make a reasonable workplace accommodation to Paul Payne ’s disability that would not cause an undue hardship to the operation of Don Davis ’s busi ness? “Reasonable workplace accommodation” and “undue hardship” are defined in Questions ______ [ 107.12 ] and ______ [ 107.13 ]. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 107.14 should be used if the employer presents evidence that it has made a good-faith effort to identify and accommodate a known disability in defense to a claim of lack of reasonable accommodation under Tex. Lab. Code § 21.128(c). The inquiry in PJC 107.14 is for use by the judge in determining available remedies in the entry of a judgment. See Tex. Lab. Code §§21.258, 21.2585, 21.259. The employer bears the burden of proof on the issue. Broad-form submission. PJC 107.14 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).

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