PJC Business

PJC 107.19

E MPLOYMENT

PJC 107.19 Question and Instruction on Bona Fide Occupational Qualification Defense QUESTION ______ Was Don Davis ’s [ failure or refusal to hire, discharge, or (describe other adverse employment action) ] Paul Payne based on a bona fide occupational qualification reasonably necessary to the normal operation of Don Davis ’s business? “Bona fide occupational qualification” means a qualification (1) reasonably related to the satisfactory performance of the duties of a job, and (2) for which a factual basis exists for the belief that no person of an excluded group would be able to satisfactorily perform the duties of the job with safety or efficiency. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 107.19 is to be used if an employer asserts a bona fide occupa tional qualification as the basis for any discrimination based on disability, religion, sex, national origin, or age of an employee. Tex. Lab. Code § 21.119. Source of instruction. PJC 107.19 is derived from Tex. Lab. Code §§21.002(1), 21.119. Broad-form submission. PJC 107.19 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).

336