Undue Hardship
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Undue Hardship
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.Convention on the Rights of Persons with Disabilities, Article 2 For example, employers are required to provide a reasonable accommodation to qualified individuals with disabilities, but when an accommodation becomes too taxing on the organization it is classified as an undue hardship and is no longer required. These hardships include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. See also * Central Alberta Dairy Pool v. Alberta (Human Rights Commission) * Central Okanagan School District No. 23 v. Renaud * British Columbia (PSERC) v. BCGSEU * Carnival Cruise Lines, Inc. v. Shute * British Columbia (Superintendent of Motor Vehicles) ...
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Convention On The Rights Of Persons With Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century. The text was adopted by the United Nations General Assembly on 13 December 2006, and opened for signature on 30 March 2007. Following ratification by the 20th party, it came into force on 3 May 2008. As of April 2022, it ha ...
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Reasonable Accommodation
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, physical, or employment related and are often mandated by law. Each country has its own system of reasonable accommodations. The United Nations use this term in the Convention on the Rights of Persons with Disabilities, saying refusal to make accommodation results in discrimination. It defines a "reasonable accommodation" as: Financial costs Employers and managers are often concerned about the potential cost associated with providing accommodations to employees with disabilities. However, many accommodations, such as moving an employee to a different desk or changing the work schedule, do not have any direct cash costs (56% in a survey of employers conducted by Job_Accommodation_Network, JANJob Accommodation Network (Updated October 21, 2020) ...
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Central Alberta Dairy Pool V
Central is an adjective usually referring to being in the center of some place or (mathematical) object. Central may also refer to: Directions and generalised locations * Central Africa, a region in the centre of Africa continent, also known as Middle Africa * Central America, a region in the centre of America continent * Central Asia, a region in the centre of Eurasian continent * Central Australia, a region of the Australian continent * Central Belt, an area in the centre of Scotland * Central Europe, a region of the European continent * Central London, the centre of London * Central Region (other) * Central United States, a region of the United States of America Specific locations Countries * Central African Republic, a country in Africa States and provinces * Blue Nile (state) or Central, a state in Sudan * Central Department, Paraguay * Central Province (Kenya) * Central Province (Papua New Guinea) * Central Province (Solomon Islands) * Central Province, Sri Lank ...
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Central Okanagan School District No
Central is an adjective usually referring to being in the center of some place or (mathematical) object. Central may also refer to: Directions and generalised locations * Central Africa, a region in the centre of Africa continent, also known as Middle Africa * Central America, a region in the centre of America continent * Central Asia, a region in the centre of Eurasian continent * Central Australia, a region of the Australian continent * Central Belt, an area in the centre of Scotland * Central Europe, a region of the European continent * Central London, the centre of London * Central Region (other) * Central United States, a region of the United States of America Specific locations Countries * Central African Republic, a country in Africa States and provinces * Blue Nile (state) or Central, a state in Sudan * Central Department, Paraguay * Central Province (Kenya) * Central Province (Papua New Guinea) * Central Province (Solomon Islands) * Central Province, Sri Lank ...
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British Columbia (PSERC) V
British Columbia (commonly abbreviated as BC) is the westernmost Provinces and territories of Canada, province of Canada. Situated between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, forests, lakes, mountains, inland deserts and grassy plains. British Columbia borders the province of Alberta to the east, the territories of Yukon and the Northwest Territories to the north, and the US states of Washington (state), Washington, Idaho and Montana to the south and Alaska to the northwest. With an estimated population of over 5.3million as of 2023, it is Canada's Population of Canada by province and territory, third-most populous province. The capital of British Columbia is Victoria, British Columbia, Victoria, while the province's largest city is Vancouver. Vancouver and its suburbs together make up List of census metropolitan areas and agglomerations in Canada, the third-largest m ...
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Carnival Cruise Lines, Inc
Carnival is a Catholic Christian festive season that occurs before the liturgical season of Lent. The main events typically occur during February or early March, during the period historically known as Shrovetide (or Pre-Lent). Carnival typically involves public celebrations, including events such as parades, public street parties and other entertainments, combining some elements of a circus. Elaborate costumes and masks allow people to set aside their everyday individuality and experience a heightened sense of social unity.Bakhtin, Mikhail. 1984. ''Rabelais and his world''. Translated by H. Iswolsky. Bloomington: Indiana University Press. Original edition, ''Tvorchestvo Fransua Rable i narodnaia kul'tura srednevekov'ia i Renessansa'', 1965. Participants often indulge in excessive consumption of alcohol, meat, and other foods that will be forgone during upcoming Lent. Traditionally, butter, milk, and other animal products were not consumed "excessively", rather, their stock w ...
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British Columbia (Superintendent Of Motor Vehicles) V
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada. Situated between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, forests, lakes, mountains, inland deserts and grassy plains. British Columbia borders the province of Alberta to the east, the territories of Yukon and the Northwest Territories to the north, and the US states of Washington, Idaho and Montana to the south and Alaska to the northwest. With an estimated population of over 5.3million as of 2023, it is Canada's third-most populous province. The capital of British Columbia is Victoria, while the province's largest city is Vancouver. Vancouver and its suburbs together make up the third-largest metropolitan area in Canada; with the 2021 census recording 2.6million people in Metro Vancouver. The first known human inhabitants of the area settled in British Columbia at least 10,000 years ...
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Work-product Doctrine
In American civil procedure, the work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel. It is also known as the work-product rule, the work-product immunity, the work-product exception, and the work-product privilege, though there is debate about whether it is truly a "privilege." This doctrine does not apply in other countries, where such communications are not protected, but where the legal discovery process itself is much more limited. Doctrine Under the work-product doctrine, "tangible material or its intangible equivalent" that is collected or prepared in anticipation of litigation is not discoverable.'' Hickman v. Taylor''. Comparison with attorney–client privilege The work-product doctrine is more inclusive than attorney–client privilege. Unlike the attorney–client privilege, which includes only communications between an attorney and the client, work product includes materials prepared by persons other ...
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Constructive Trust
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust (''i.e.'', it is created by conduct, not explicitly by a settlor). Definition Constructive trusts are imposed by operation of law. They are also referred to as implied trusts. They are not subject to formality requirements. Unlike a resulting trust, which also arises by operation of law, a constructive trust does not give effect to the imputed/presumed intention of the parties. Instead, constructive trusts are largely said to be triggered by unconscionability. This is the idea that a defendant would be unjustly enriched if they were allowed to keep property for themselves ...
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Employment Discrimination Law In The United States
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories." The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers. Under federal employment discrimination law, employers generally cannot discriminate against employees on the basis of race, sex (including sexual orientation and gender ident ...
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Section 508 Amendment To The Rehabilitation Act Of 1973
In 1998 the US Congress amended the Rehabilitation Act to require Federal agencies to make their electronic and information technology accessible to people with disabilities. Section 508 was enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508 (), agencies must give employees with disabilities and members of the public access to information that is comparable to the access available to others. History Section 508 was originally added as an amendment to the ''Rehabilitation Act of 1973'' in 1986. The original section 508 dealt with electronic and information technologies, in recognition of the growth of this field. In 1997, The Federal Electronic and Information Technology Accessibility and ...
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Forum Non Conveniens
''Forum non conveniens'' (Latin for "an inconvenient forum") (FNC) is a mostly common law legal doctrine through which a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal case, and transfers the case to such a forum. A change of venue might be ordered, for example, to transfer a case to a jurisdiction within which an accident or incident underlying the litigation occurred and where all the witnesses reside. As a doctrine of the conflict of laws, ''forum non conveniens'' applies between courts in different countries and between courts in different jurisdictions in the same country. ''Forum non conveniens'' is not applicable between counties or federal districts within a state. A concern often raised in applications of the doctrine is forum shopping, or picking a court merely to gain an advantage in the proceeding. This concern is balanced against the public policy of deferring to a plaintiff's choice of ve ...
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