PJC Business

PJC 107.21

E MPLOYMENT

liability of individual defendants as an “employer,” in lieu of the second instruction in PJC 107.21 the following instruction, in which Carey Co-worker refers to any person referred to in section 21.141, may be used instead: If you find that sexual harassment occurred, then you must con sider whether Carey Co-worker is an employer as defined below. Carey Co-worker is an employer if that person acts directly in the interests of an employer in relation to Paul Payne . If you find that Carey Co-worker is an employer, then you must consider whether that person committed an unlawful practice. Carey Co-worker commits an unlawful employment practice if Carey Co worker — 1. knew or should have known that conduct constituting sexual harassment was occurring; and 2. failed to take immediate and appropriate corrective action. The “knew or should have known” standard. The standard codified in section 22.142 requires an employer that has actual or constructive knowledge of sexual harassment “take immediate and appropriate corrective action.” This is different from the typical, pre-codification statement of the standard, which required an employer to take “prompt remedial action.” See , e.g. , Anderson v. Houston Community College System , 458 S.W.3d 633, 646 (Tex. App.—Houston [1st Dist.] 2015, no pet.).

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