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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]
The Americans With Disabilities Act, known as ADA, was signed into law on 26 July 1990. It carried forward material from Section 504 of the Rehabilitation Act of 1973. A reasonable accommodation is defined by the US Department of Justice as "change or adjustment to a job or work environment that permits a qualified applicant or employee with a ...
Central Alberta Dairy Pool v Alberta (Human Rights Commission), [1990] 2 SCR 489, is a leading human rights law decision of the Supreme Court of Canada.The Court expanded on the concept of accommodation up to undue hardship first established in Ontario (Human Rights Commission) v Simpsons-Sears Ltd, [1985] 2 SCR 536 and provided a set of factors to consider when evaluating undue hardship.
The Americans with Disabilities Act of 1990 protects individuals who possess, or are thought to possess, a wide range of disabilities, ranging from paraplegia to Down Syndrome to autism. However, it does not force an employer to employ a worker whose disability would create an "undue hardship" on their business (for example, a paraplegic cannot ...
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 ...
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 ...
It must show that reasonable alternatives and accommodations have been looked into and reasonably dismissed due to undue hardship. Sopinka J, in Central Okanagan School District No 23 v Renaud [1992] 2 SCR 970, stated, "[T]he use of the term 'undue' infers that some hardship is acceptable; it is only 'undue' hardship that satisfies this test ...
In employment law, a bona fide occupational qualification (BFOQ) (US), bona fide occupational requirement (BFOR) (Canada), or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees—a quality that when considered in other contexts would constitute discrimination in ...