PJC Business

PJC 107.17

E MPLOYMENT

PJC 107.17 Question and Instruction on Defense of Undue Hardship to Accommodate Religious Observances or Practices QUESTION ______ Was Don Davis unable to reasonably accommodate Paul Payne ’s religious observance or practice without undue hardship to the conduct of his business? A reasonable accommodation to an employee’s religious observances or practices constitutes an undue hardship when it requires the employer to bear more than a minimal cost, such cost including both monetary costs and burdens in conducting business. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 107.17 should be used if the employer alleges that reasonable accommodation to religious observances or practices would cause undue hardship. Source of question and instruction. PJC 107.17 is derived from Tex. Lab. Code §21.108 and Trans World Airlines, Inc. v. Hardison , 432 U.S. 63, 84–85 & n.15 (1977). Broad-form submission. PJC 107.17 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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