PJC Business

Subject Index

race, 107.6 reasonable factors other than age (RFOA), 107.6 religious, 107.6, 107.16 undue hardship (employer’s), 107.17 sexual, 107.6, 107.15 transgender status, 107.6 Disparagement. See Business disparagement Duress (contract), 101.23 E Earning capacity, loss of (DTPA cases), 115.10 Earnings, lost. See Lost earnings (employment damages) Electronic communications, 100.1–100.3 Employee benefits, lost. See Lost employee benefits (employment damages) Employment, ch. 107 after-acquired evidence, employee misconduct, 107.7, 107.8 age discrimination, 107.6 agreement, 107.1 good cause limitation on, 107.1, 107.2 cat’s paw theory, 107.4–107.6, 107.9, 107.11A constructive discharge, 107.10 contract, 107.1 damages back pay, 115.30 compensatory damages, 115.27, 115.28, 115.30 damages, breach of, 115.24 “at will” relationship, 107.1 consequential damages, 115.24 employee misconduct, 107.8 equitable relief, 115.27, 115.28, 115.30 exemplary damages, 115.26–115.28, 115.31, 115.32 front pay, 115.30

loss of insurance coverage, 115.24 lost earnings or wages, 115.24, 115.26–115.28 lost employee benefits, 115.24, 115.26–115.28 mitigation expenses (as damages), 115.24 multiple damages elements, separate answers for, 115.24 defenses bona fide occupational qualification, 107.19 business necessity, 107.6 “good cause,” 107.2 good-faith effort to make reasonable workplace accommodation, 107.14 good-faith requirement in whistleblower actions, 107.4 harassment, no tangible employment action occurred, 107.24 job-related practice, 107.6 mitigation (as reducing damages), 115.25 mixed motive, employer’s, 107.18 undue hardship, 107.13, 107.14, 107.17 disability, 107.11–107.14 actual impairment, 107.11A actual or record of, 107.11A qualified individual, 107.11A regarded as, 107.11B discrimination, 107.6–107.19 bona fide occupational qualification, 107.19 damages, 115.30–115.32 disparate impact, 107.6 disparate treatment, 107.6 failure to make reasonable workplace accommodation, 107.12 good-faith effort (employer’s), 107.14 undue hardship (employer’s), 107.13 mixed motive, employer’s, 107.18 religious, 107.16 undue hardship (employer’s), 107.17

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