PJC Business

D AMAGES

PJC 115.32

PJC 115.32 Question on Employer Liability for Exemplary Damages for Conduct of Supervisor QUESTION ______ Did Don Davis make a good-faith effort to prevent [ race, color, disability, religious, sex, national origin, or age ] [ discrimination or harassment ] in his workplace? Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 115.32 should be used for claims of exemplary damages under Texas Labor Code chapter 21 (formerly Texas Commission on Human Rights Act) where there is evidence that an employer made good-faith efforts to comply with the antidiscrimination laws and a manager or agent acted contrary to such efforts. Source of question. PJC 115.32 is derived from Kolstad v. American Dental Ass’n , 527 U.S. 526 (1999), and Deffenbaugh-Williams v. Wal-Mart Stores, Inc. , 188 F.3d 278 (5th Cir. 1999).

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