障害者に対する雇用上の「便宜的措置義務」とその制約法理 : アメリカ・カナダの比較研究(四)  [in Japanese] The Duty of Reasonable Accommodation for Persons with Disabilities : Comparative Study between United States and Canada (4)  [in Japanese]

Focus of this study is on clarifying the duty of reasonable accommodation for persons with disabilities and its limits. The duty is an obligation imposed employer, and sometimes union, to take reasonable steps to accommodate employee's disability when s/h

Focus of this study is on clarifying the duty of reasonable accommodation for persons with disabilities and its limits. The duty is an obligation imposed employer, and sometimes union, to take reasonable steps to accommodate employee's disability when s/he has suffered or will suffer discrimination from a prima facie neutral working rule. However, employer does not have the duty if accommodation would impose "undue hardship" or un"reasonable" burden. The study hypothesizes the concepts of "undue hardship" and "reasonable (ness)" may indicate the extent of tolerance of a society for persons with disabilities and attempts to clarify the homogeneities and heterogeneities of the tolerances of two countries from comparative perspective. Chapter 5 of this monograph focuses on the study of reasonable accommodation under Rehabilitation Act. This part of Chapter 5 first clarifies the contents of section 504 (of 1973 Rehabilitation Act) HEW regulation, and 1978 Rehabilitation Act, especially section 501 and 505 and their EEOC regulations. Second, it analyzes the applicability of private rights of action and the disparate impact under section 504 of the Rehabilitation Act, which Title VI of the Civil Rights Act applies. Third, it mainly examines lower court and Supreme Court decisions regarding section 504 and 501 from 1978 to 1983. It points out some particular interpretation which earlier decisions had taken and reveals one momentous decision changed the procedural and substantive natures of reasonable accommodation.