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An undue hardship is an American legal term referring to special or specified circumstances that partially or fully exempt a person or organization from performance of a legal obligation so as to avoid an unreasonable or disproportionate burden or obstacle. [1] [2] [3]
Under Title III of the ADA, all new construction (construction, modification or alterations) after the effective date of the ADA (approximately July 1992) must be fully compliant with the Americans With Disabilities Act Accessibility Guidelines (ADAAG) [13] found in the Code of Federal Regulations at 28 C.F.R., Part 36, Appendix A.
The opinion clarified Title VII's standard of "undue hardship" does not mean de minimis. The ruling states that "undue hardship is very different from de minimis" and that an employer even "showing more than de minimis cost" in providing religious accommodation "does not suffice to establish undue hardship." This ruling places additional onus ...
A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, or employment-related, and law often mandate
The Supreme Court stated that the "reasonable accommodation" requirement of the ADA law failed the congruence and proportionality test despite the hardship exception to the accommodation requirement: "The ADA does except employers from the 'reasonable accommodatio[n]' requirement where the employer 'can demonstrate that the accommodation would ...
The Americans with Disabilities Act (ADA) requires public entities to make “reasonable modifications” to their rules, policies or practices when they are necessary for individuals with ...
Sidney Abbott, after disclosing on a form that she was 'asymptomatic' HIV positive, was refused service from her dentist, Randon Bragdon, to fill a cavity.Bragdon submitted that he would agree to fill the cavity if he could perform the work in a hospital setting, but that Abbott would have to pay for the expense of being admitted and using the facility.
Section 504 of the Rehabilitation Act of 1973 states (in part): . No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial ...