PJC Business

E MPLOYMENT

PJC 107.16

PJC 107.16 Instruction on Religious Observance or Practice Religion is a motivating factor if the decision to [ fail or refuse to hire, dis charge, or (describe other adverse employment action) ] Paul Payne was made because of or on the basis of any aspect of religious [ observance, practice, or belief ]. COMMENT When to use. PJC 107.16 is to be used with PJC 107.6 if some aspect of obser vance of a religion, such as inability to work on a Sabbath, is alleged to be the basis of an employer’s commission of an unlawful employment practice. This instruction, however, should not be used if religious preference alone is at issue. See PJC 107.6. Source of instruction. PJC 107.16 is derived from Tex. Lab. Code §21.108. See also EEOC v. Abercrombie & Fitch Stores, Inc. , 575 U.S. 768 (2015) (interpreting cor responding federal provision 42 U.S.C. § 2000e(j)).

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