PJC Business

PJC 107.21

E MPLOYMENT

PJC 107.21 Question and Instruction on Sexual Harassment

Was Paul Payne subject to sexual harassment by Don Davis ? “Sexual harassment” occurred if Paul Payne was subjected to one or more unwelcome sexual advances, requests for sexual favors, or any other verbal or physical conduct of a sexual nature, if [ select one or more of the following that are relevant to the facts of the case ]: 1. submission to the advance, request, or conduct was made a term or condition of Paul Payne ’s employment, either explicitly or implicitly; 2. submission to or rejection of the advance, request, or conduct by Paul Payne was used as the basis for a decision affecting Paul Payne ’s employment; 3. the advance, request, or conduct had the purpose or effect of unrea sonably interfering with Paul Payne ’s work performance; or 4. the advance, request, or conduct had the purpose or effect of creat ing an intimidating, hostile, or offensive working environment. If you find that sexual harassment occurred, then you must determine if [ name of defendant employer ] committed an unlawful employment practice. [ Name of defendant employer ] committed an unlawful employment practice if [ name of defendant employer ] or its agents or supervisors— 1. knew or should have known that the conduct constituting sexual harassment was occurring; and 2. failed to take immediate and appropriate corrective action. COMMENT When to use. PJC 107.21 should be used if it is alleged that the employee was subjected to sexual harassment under Tex. Lab. Code §§ 21.141–.142. This instruction should not be used for claims of harassment under state law based on any other pro tected characteristic (e.g., sex, race, etc.) or protected activity or for claims under fed eral law. For sex-based harassment that is not sexual harassment under Texas Labor Code sections 21.141–.142, PJC 107.20 should be used. For discrimination in forms other than harassment, PJC 107.6 should be used. Source of instruction. PJC 107.21 is derived from Tex. Lab. Code §§ 21.141– .142.

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