PJC Business 2024

E MPLOYMENT

PJC 107.6

v. Cook Children’s Healthcare System , 582 S.W.3d 669, 689 (Tex. App.—Fort Worth 2019, no pet.) (workers’ compensation retaliatory discharge case). If the “cat’s paw theory” of liability is properly invoked, the following instruction may be given as part of the definition of “motivating factor”: You may find that [ race, color, disability, religion, sex, national origin, or age ] was a motivating factor in Don Davis ’s decision to [ fail or refuse to hire, discharge, or (describe other adverse employ ment action) ] Paul Payne even if there is no evidence of discrimina tory bias on the part of Don Davis if Paul Payne proves that another individual exhibited such discriminatory bias and had leverage or exerted influence over Don Davis ’s decision to [ fail or refuse to hire, discharge, or (describe other adverse employment action) ] Paul Payne . Paul Payne is not required to prove that Don Davis knew or should have known of the other individual’s discriminatory bias.

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