Relevant bibliographies by topics / Undue hardship

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Undue hardship'

Author: Grafiati
Published: 4 June 2021
Last updated: 5 February 2022

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Journal articles on the topic "Undue hardship"

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Crampton, Suzanne M., and John W. Hodge. "The ADA and Disability Accommodations." Public Personnel Management 32, no. 1 (March 2003): 143–54. http://dx.doi.org/10.1177/009102600303200108.

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The Americans with Disabilities Act (ADA) was designed to promote equal employment opportunities for handicapped individuals in the workplace. The law mandates that employers reasonably accommodate individuals with disabilities who are qualified to perform the job. However, employers are exempted from this requirement if the reasonable accommodation results in an undue hardship for the organization. The legal definitions of reasonable accommodation and undue hardship have evolved over time due to case law resulting from judicial decisions. This paper will review recent decisions by the U.S. Supreme Court and their effect on employer responsibilities under the ADA. Suggestions will be provided as to policies organizations could follow to respond to these requirements.
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Greenlaw, Paul S., and John P. Kohl. "The ADA: Public Personnel Management, Reasonable Accommodation and Undue Hardship." Public Personnel Management 21, no. 4 (December 1992): 411–27. http://dx.doi.org/10.1177/009102609202100401.

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The Americans with Disabilities Act was signed into law on July 26, 1990. This article reviews and summarizes the impact of the ADA on the public sector, and discusses two key concepts of the law, “reasonable accommodation” and “undue hardship.” These two concepts impact all management functions, including personnel management, and are the most troublesome of the Act to interpret and apply.
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Rioux, Marcia H., Cameron Crawford, and Jane Anweiler. "Undue Hardship and Reasonable Accommodation: The View From the Court." Policy Studies Journal 29, no. 4 (November 2001): 641–48. http://dx.doi.org/10.1111/j.1541-0072.2001.tb02116.x.

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Prema, Dipesh, and Ruby Dhand. "Inclusion and accessibility in STEM education: Navigating the duty to accommodate and disability rights." Canadian Journal of Disability Studies 8, no. 3 (May 24, 2019): 121–41. http://dx.doi.org/10.15353/cjds.v8i3.510.

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The duty to accommodate is a fundamental legal concept embedded in Canadian human rights law. The concept itself makes a contribution to advancing the goals of human rights law by attempting to extend the right to equality by protecting people from discrimination. In post-secondary institutions, pursuant to human rights legislation, the duty to accommodate requires that educators and administrators should attempt to accommodate students with disabilities short of undue hardship. Despite these legal requirements, students with disabilities are often underrepresented in STEM (science, technology, mathematics and engineering) disciplines because they face multiple barriers to accessing reasonable accommodation within the classroom and laboratory environments in Canadian universities (Sukhai and Mohler, 2017, Sukhai et al, 2014).
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Cooper, Jeffrey O. "Overcoming Barriers to Employment: The Meaning of Reasonable Accommodation and Undue Hardship in the Americans with Disabilities Act." University of Pennsylvania Law Review 139, no. 5 (May 1991): 1423. http://dx.doi.org/10.2307/3312372.

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Boller, Harvey R., and Douglas Massengill. "Public Employers' Obligation to Reasonably Accommodate the Disabled under the Rehabilitation and Americans with Disabilities Acts." Public Personnel Management 21, no. 3 (September 1992): 273–300. http://dx.doi.org/10.1177/009102609202100301.

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Effective July 22, 1992, the Americans with Disabilities Act, in conjunction with the Rehabilitation Act, will prohibit virtually all public employers from employment discrimination against individuals with disabilities. Compliance with these statutes requires employers to make modifications —called “reasonable accommodations”—which permit individuals with disabilities to perform the “essential functions” of the position they hold or seek. The Article examines issues on which there is little literature: when, and to what extent, do these statutes require an employer to modify the job or the workplace to accommodate an individual with a disability? Resolution of these questions requires consideration of three additional, interrelated questions. First, what are the “essential functions” of a position? Second, are there accommodations which would permit the individual to perform its essential functions? Third, would the proposed accommodations impose an “undue hardship” on the employer?
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Moon, Richard. "Religious Accommodation and its Limits: The Recent Controversy at York University." Constitutional Forum / Forum constitutionnel 23, no. 1 (April 4, 2014): 9. http://dx.doi.org/10.21991/c9vd5r.

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A recent request for religious accommodationat York University has generated controversynot just about the merits of the particular claimbut also about the general practice of religiousaccommodation under human rights codes andthe Canadian Charter of Rights and Freedoms. Iwill argue that the York case highlights the difficulty in treating religion as a ground of discriminationand more generally in fi tting religioninto an equality rights framework. Th isdiffi culty stems from the complex character ofreligious adherence, which can be viewed as botha personal commitment to a set of claims abouttruth and right and as a cultural identity that isexpressed in shared spiritual practices. Whenreligion is viewed as a cultural identity, it seemsright that it be accommodated, unless this wouldcause “undue hardship” to others. Yet when it isviewed as a set of beliefs about right and truth,particularly when those beliefs are inconsistentwith public values, it is not clear why it ought tobe accommodated.
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Maniati, Mahmood, Alireza Jalilifar, Amir Mashhadi, and Ali Hemmati. "Engagement under revision: How Iranian scholars negotiate the arguability of their texts." Complutense Journal of English Studies 28 (September 21, 2020): 135–62. http://dx.doi.org/10.5209/cjes.65243.

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Non-native English speaking (NNES) scholars face great hardship when they attempt to publish in English. Upon submitting their manuscripts to English-language journals, these scholars usually receive comments from the reviewers criticizing the rhetorical structures they adopt. One of these criticisms is concerned with how they manage the relationship between the author and the potential addressee; that is, the scholars’ expression of their attitude and the way they adjust the certainty of their claims and establish a relationship with their readers. This study attempted to examine how the acceptably revised manuscripts written by Iranian scholars differ from the originally submitted versions regarding the changes happening to the Engagement system of the texts. Findings showed Iranian scholars’ inadequate knowledge of the interpersonal weightings of the lexico-grammatical structures they used —hence giving undue credit to other researchers in the field— was mitigated by giving more space to the feature of distance citations, thereby failing to achieve a typically sound and rigorous argumentation.
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Mulloy, Sean. "Accommodating Absence: Medical Leave as an ADA Reasonable Accommodation." Michigan Law Review, no. 118.8 (2020): 1629. http://dx.doi.org/10.36644/mlr.118.8.accommodating.

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The Americans with Disabilities Act (ADA) is widely regarded as one of the most significant pieces of civil rights legislation in American history. Among its requirements, Title I of the ADA prohibits employers from discriminating against people with disabilities and requires that employers make reasonable accommodations for qualified individuals. Many questions about the scope of the reasonable-accommodation mandate remain, however, as federal circuit courts disagree over whether extended medical leave may be considered a reasonable accommodation and whether an employee on leave is a qualified individual. This Note argues that courts should presume finite unpaid medical leaves of absence are a reasonable accommodation under certain circumstances and shift the focus of judicial inquiry to the employer’s burden of showing undue hardship. Creating a presumption for medical leave is consistent with the text and purpose of the ADA, aligns with Supreme Court case law, and serves as a better framework for balancing competing policy concerns compared to existing approaches.
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Kartha, Sivan, Simon Caney, Navroz K. Dubash, and Greg Muttitt. "Whose carbon is burnable? Equity considerations in the allocation of a “right to extract”." Climatic Change 150, no. 1-2 (May 24, 2018): 117–29. http://dx.doi.org/10.1007/s10584-018-2209-z.

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AbstractCarbon emissions—and hence fossil fuel combustion—must decline rapidly if warming is to be held below 1.5 or 2 °C. Yet fossil fuels are so deeply entrenched in the broader economy that a rapid transition poses the challenge of significant transitional disruption. Fossil fuels must be phased out even as access to energy services for basic needs and for economic development expands, particularly in developing countries. Nations, communities, and workers that are economically dependent on fossil fuel extraction will need to find a new foundation for livelihoods and revenue. These challenges are surmountable. In principle, societies could undertake a decarbonization transition in which they anticipate the transitional disruption, and cooperate and contribute fairly to minimize and alleviate it. Indeed, if societies do not work to avoid that disruption, a decarbonization transition may not be possible at all. Too many people may conclude they will suffer undue hardship, and thus undermine the political consensus required to undertake an ambitious transition. The principles and framework laid out here are offered as a contribution to understanding the nature of the potential impacts of a transition, principles for equitably sharing the costs of avoiding them, and guidance for prioritizing which fossil resources can still be extracted.
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Dissertations / Theses on the topic "Undue hardship"

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Nxumalo, Lindani Goodman. "Disability discrimination and undue hardship within the working environment: a critical analysis." Diss., 2014. http://hdl.handle.net/10500/19171.

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South Africa is faced with a huge challenge of disability discrimination and inequality. Disabled people are not enjoying equal treatment as compared to others. Those who are on the working sector are not reasonable accommodated. The study examines challenges faced by people with disabilities. The study further submit that people with disabilities should be reasonably accommodated and be retained in the working sector as they have a positive role to play in the economy. The study also looks at the various legislations and argues that they are ineffective as they fail to address the imbalances of the past. The study further suggest that there is a need for all people to understand disabled people and not to isolate them as such stigma cause people with disabilities to be unfairly discriminated against in society and in employment
College of Law
L.L.M (Commercial Law)
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2

Bélanger, Marie-Hélène. "La notion de contrainte excessive : seule limite à l’obligation d’accommodement." Thèse, 2011. http://hdl.handle.net/1866/6221.

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Le devoir d’accommodement raisonnable a fait couler beaucoup d’encre, au Québec et ailleurs au Canada, au cours de la dernière décennie. Depuis la première fois où elle fût énoncée par la Cour suprême du Canada en 1985, les tribunaux ont été appelés à se prononcer à maintes reprises sur cette notion. Partant d’un concept juridique vague et peu précis, les décideurs ont cherché à définir le concept d’accommodement raisonnable à travers une étude approfondie de sa seule limite : la contrainte excessive. Il est désormais acquis que les employeurs ont l’obligation d’adapter le travail et les lieux de travail pour permettre aux personnes handicapées d’avoir accès à l’emploi sans discrimination. Le syndicat, tout comme le salarié visé par une demande d’accommodement, a également l’obligation de collaborer à la recherche de mesures de redressement. Ce mémoire propose une étude jurisprudentielle des concepts d’accommodements raisonnables et de contrainte excessive. Notre analyse portera sur les décisions des tribunaux judiciaires et administratifs rendues au Québec entre 1999 et 2010. La présente étude a pour objet principal d’analyser l’étendue de la notion de contrainte et à la circonscrire avec clarté et précision.
The obligation of reasonable accommodation has been the object of much discussion during the last decade, in Quebec and elsewhere in Canada. Since this issue was first broached by the Supreme Court of Canada in 1985, the courts and tribunals have had many occasions to render decisions on the topic. Starting at the onset with a very vague and indistinct legal concept, decision makers have since sought to define the concept of reasonable accommodation through studying its only limit: undue hardship. It is now accepted that the employers must adapt work and workplaces to enable disabled workers with an access to employment without discrimination. Trade unions, just like employees aimed by a request for accommodation, also both have the obligation to collaborate in the search of measurements of rectification. This Master’s thesis proposes a jurisprudential study of the concepts of reasonable accommodation and undue hardship. Our analysis will relate to the decisions of the judicial and administrative tribunals rendered in Quebec between 1999 and 2010. The present study has for main objective to analyze the extent of the concept of undue hardship and to define it clearly and with precision.
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Michaud-Jalbert, Dominique. "L'interdiction de la discrimination au travail et les obligations du syndicat en matière de représentation." Thèse, 2008. http://hdl.handle.net/1866/7998.

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Books on the topic "Undue hardship"

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An undue hardship?: Discharging educational debt in bankruptcy : hearing before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Eleventh Congress, first session, September 23, 2009. Washington: U.S. G.P.O., 2010.

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2

L, Castro Ida, and United States. Equal Employment Opportunity Commission, eds. EEOC enforcement guidance on reasonable accommodation and undue hardship under the Americans with Disabilities Act. [Washington, D.C.?]: EEOC, 1999.

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Book chapters on the topic "Undue hardship"

1

Labonté, Ronald, and Arne Ruckert. "Global flows." In Health Equity in a Globalizing Era, 192–219. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198835356.003.0009.

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Health systems rely upon two groups of people: health workers and patients. In recent decades both groups have been on the move globally, with the creation of internationalized labour market opportunities (the hunt for skilled labour in the case of health workers) and private investments in high-end health care on lower-cost developing countries (one of the key incentives for patients seeking care outside of their own country, for uninsured or under-insured services). Both flows raise a number of health equity concerns. Health worker migration can pose undue hardships on low-resource, high-disease burden countries who lose their workers to richer nations, creating a ‘perverse subsidy’ of poor to rich. With medical tourism, private, fee-paying foreign patients in poorer countries could ‘crowd out’ access to care for domestic patients in those countries, while potentially returning with drug resistant infections or complications burdening their home country’s health systems.
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You might also be interested in the extended bibliographies on the topic 'Undue hardship' for particular source types:
Journal articles
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