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Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
ISBN: 9041162712
Category : Law
Languages : en
Pages : 234
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Book Description
More and more the modern workplace faces challenges of diversity and employability. There is an increasingly insistent need to match workforce diversity, or workers' own characteristics and choices, with employers' organizational and business requirements. In this context, the notion of reasonable accommodation inevitably arises. Concepts such as 'adaptability' and 'employability' not only require workers to adapt to new labour market circumstances but are also directed towards employers' duties to accommodate work and the workplace to the worker's situation. This book is the first study to analyse, at a global scale, how employment discrimination law gives shape to an accommodated workplace in three main areas of interest: age, disability, and religion/belief. Sixteen prominent labour and employment law scholars offer in-depth perspectives from Belgium, the Netherlands, France, Sweden, Russia, Israel, Canada, the United States, South Africa, and Australia. Each report fully integrates relevant legislation, case law, and legal doctrine and follows the same structure to allow easy comparisons across jurisdictions. Attention is also given to the roles of European Union law and the UN Convention on the Rights of Persons with Disabilities. Issues and topics covered include the following: - the scope of 'accommodation'; - 'reasonable' defined; - recognized business requirements that may override the duty to accommodate; - when employers' neutrality policies to avoid accusations of discrimination may constitute indirect discrimination; - use of integration or re-integration strategies to accommodate disabled/incapable workers; - use of 'exit gateways' that enable employers to avoid liability in cases of disability discrimination; - when employers must take into account workers' family lives; and - when an obligation to reclassify a worker exists. These articles were originally presented as papers at the 2015 meeting of the International Association of Labour Law Journals hosted by the Institute for Labour Law of the University of Leuven. Ultimately the book makes clear that reasonable accommodation cannot be narrowed down to a formal anti-discrimination perspective but requires an integrative logic that can grow in a broader labour law context. As a compelling analysis of whether the idea of reasonable accommodation is winning ground in labour law in today's world, this book will prove of immeasurable value to labour and employment lawyers and judges, as well as to corporate counsel and academics in the field.
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
ISBN: 9041162712
Category : Law
Languages : en
Pages : 234
Get Book Here
Book Description
More and more the modern workplace faces challenges of diversity and employability. There is an increasingly insistent need to match workforce diversity, or workers' own characteristics and choices, with employers' organizational and business requirements. In this context, the notion of reasonable accommodation inevitably arises. Concepts such as 'adaptability' and 'employability' not only require workers to adapt to new labour market circumstances but are also directed towards employers' duties to accommodate work and the workplace to the worker's situation. This book is the first study to analyse, at a global scale, how employment discrimination law gives shape to an accommodated workplace in three main areas of interest: age, disability, and religion/belief. Sixteen prominent labour and employment law scholars offer in-depth perspectives from Belgium, the Netherlands, France, Sweden, Russia, Israel, Canada, the United States, South Africa, and Australia. Each report fully integrates relevant legislation, case law, and legal doctrine and follows the same structure to allow easy comparisons across jurisdictions. Attention is also given to the roles of European Union law and the UN Convention on the Rights of Persons with Disabilities. Issues and topics covered include the following: - the scope of 'accommodation'; - 'reasonable' defined; - recognized business requirements that may override the duty to accommodate; - when employers' neutrality policies to avoid accusations of discrimination may constitute indirect discrimination; - use of integration or re-integration strategies to accommodate disabled/incapable workers; - use of 'exit gateways' that enable employers to avoid liability in cases of disability discrimination; - when employers must take into account workers' family lives; and - when an obligation to reclassify a worker exists. These articles were originally presented as papers at the 2015 meeting of the International Association of Labour Law Journals hosted by the Institute for Labour Law of the University of Leuven. Ultimately the book makes clear that reasonable accommodation cannot be narrowed down to a formal anti-discrimination perspective but requires an integrative logic that can grow in a broader labour law context. As a compelling analysis of whether the idea of reasonable accommodation is winning ground in labour law in today's world, this book will prove of immeasurable value to labour and employment lawyers and judges, as well as to corporate counsel and academics in the field.
Author: Terry Thomason
Publisher: Cornell University Press
ISBN: 9780913447741
Category : Business & Economics
Languages : en
Pages : 348
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Book Description
This volume examines questions related to the prevention, compensation, and accommodation of work disabilities. It focuses on disabilities arising out of workplace activity.
Author: Allison B. Uehling
Publisher:
ISBN:
Category : Barrier-free design
Languages : en
Pages : 142
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Book Description
Author: New York (State). Legislature. Senate. Select Committee on the Disabled
Publisher:
ISBN:
Category : Discrimination against people with disabilities
Languages : en
Pages : 24
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Book Description
Author: Stephen F. Befort
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This article addresses issues of accommodation and time with respect to the American worker time crunch problem. On the former issue, I concur in Professor Arnow-Richman's observation that an accommodation approach to addressing the competing pressures of work and family is prone to resistance from the courts. Experience under the ADA illustrates a judicial reluctance to go beyond a traditional equal treatment view of discrimination to embrace a more affirmative different treatment model of discrimination. But this does not mean that the ADA's reasonable accommodation framework has been a failure. To the contrary, while the reasonable accommodation requirement may have fallen somewhat short of expectations on the substantive law front, it has launched a procedural revolution in fostering an interactive process by which employers and employees cooperatively work to identify suitable workplace accommodations. The impact of this procedural device is not as readily noticeable as the courts' substantive law limitations, but it may serve as the ADA's most significant contribution to this point. Turning to the second issue, American workers, quite simply, do not have enough time to tend to caregiving and other non-work needs. While this is a particularly acute problem for caregivers, the American worker time crunch is a problem of pandemic proportions. American workers of all stripes are required or pressured to spend ever-increasing amounts of time at work. The ADA model represents one possible format for accommodating non-work time demands. The first decade of experience under the ADA suggests that judicial and employer resistance would temper the substantive law advances of such an approach without necessarily conferring the procedural advantages of the ADA's interactive process. A more specific legislative approach is preferable. Given the pervasive nature of the American worker time crunch problem, a broad legislative solution is in order. This article suggests one possible approach in the form of a proposed amendment to the FMLA that would enable employees to take paid leave for two of FMLA's twelve-week leave period financed in a manner similar to that used for unemployment compensation purposes. The proposal also would permit employers to opt out of the new mandate by providing a minimum of four weeks of leave per year that may be taken by employees for care, sickness, or personal leave/vacation purposes.
Author:
Publisher:
ISBN:
Category : Discrimination in employment
Languages : en
Pages : 14
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Book Description
Author: Jay Dolmage
Publisher: University of Michigan Press
ISBN: 047205371X
Category : Education
Languages : en
Pages : 255
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Book Description
Places notions of disability at the center of higher education and argues that inclusiveness allows for a better education for everyone
Author: Nancy Lee Jones
Publisher: DIANE Publishing
ISBN: 1437925847
Category : Health & Fitness
Languages : en
Pages : 18
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Book Description
This is a print on demand edition of a hard to find publication. On June 11, in response to the global spread of a new strain of influenza, the level of influenza pandemic alert was raised to indicate the start of an actual pandemic. Questions relating to employment is a significant issue raised by a pandemic since if individuals fear losing their employment, compliance with public health measures such as isolation or quarantine may suffer. Although the common law doctrine of employment-at-will (EAW) is applicable, there is an exception for public policy reasons. This report examines the EAW doctrine, application of the public policy exception in the case of a potential influenza pandemic, the Family and Med. Leave Act, and application of the non-discrim. mandates of the Americans with Disability Act. Illustrations.
Author:
Publisher:
ISBN:
Category : People with disabilities
Languages : en
Pages :
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Book Description
Author: Institute of Medicine
Publisher: National Academies Press
ISBN: 030909111X
Category : Social Science
Languages : en
Pages : 319
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Book Description
Mirroring a worldwide phenomenon in industrialized nations, the U.S. is experiencing a change in its demographic structure known as population aging. Concern about the aging population tends to focus on the adequacy of Medicare and Social Security, retirement of older Americans, and the need to identify policies, programs, and strategies that address the health and safety needs of older workers. Older workers differ from their younger counterparts in a variety of physical, psychological, and social factors. Evaluating the extent, causes, and effects of these factors and improving the research and data systems necessary to address the health and safety needs of older workers may significantly impact both their ability to remain in the workforce and their well being in retirement. Health and Safety Needs of Older Workers provides an image of what is currently known about the health and safety needs of older workers and the research needed to encourage social polices that guarantee older workers a meaningful share of the nation's work opportunities.
