PJC Business

E MPLOYMENT

PJC 107.20

PJC 107.20 Question on Harassment

QUESTION ______

Was Paul Payne subjected to harassment based on [ sex, national origin, race, age, or other protected category ] by Don Davis ?

[Insert appropriate instruction.]

Answer “Yes” or “No.” Answer: _______________

COMMENT

When to use. PJC 107.20 should be used if there is an allegation of actionable harassment, including discrimination based on sex or harassment due to one’s sex. If a claim for “sexual harassment” is made under Tex. Lab. Code §§ 21.141–.142, see PJC 107.21. Source of question and instruction. PJC 107.20 is derived from the principles recognized in Union Pacific Railroad Co. v. Loa , 153 S.W.3d 162, 168–69 (Tex. App.—El Paso 2004, no pet.), and Nagel Manufacturing & Supply Co. v. Ulloa , 812 S.W.2d 78, 80–81 (Tex. App.—Austin 1991, writ denied). See also Harris v. Forklift Systems, Inc. , 510 U.S. 17 (1993); Meritor Savings Bank, FSB v. Vinson , 477 U.S. 57 (1986); Benavides v. Moore , 848 S.W.2d 190 (Tex. App.—Corpus Christi–Edinburg 1992, writ denied). Broad-form submission. PJC 107.20 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). For further discussion, see PJC116.2 regarding broad-form issues and the Casteel doctrine. Accompanying instructions. Instructions to accompany PJC 107.20 are at PJC 107.22 and 107.23. If more than one instruction is used, each should be separated by the word or .

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