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(二)

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Focus of this study is on clarifying the relationship between the duty of reasonable accommodation for persons with disabilities and its limitation theories. The duty is an obligation imposed on employer, and sometimes union, to take reasonable steps to accommodate employee's disability when s/he has suffered or will suffer discrimination from a working rule. However, this duty for employer is not unrestricted. The concepts of "undue hardship" and "reasonable(ness)" limit it. To reveal the relationship between the duty and those limitation theories may indicate tolerance of a society for persons with disabilities. This study also attempts to clarify the extents of tolerance of two countries from comparative perspective. Chapter 4 of this article focuses on the study of religious accommodation in the United Sates for understanding of the basic concepts of reasonable accommodation. The theories of reasonable accommodation under the Rehabilitation Act, the Americans with Disabilities Act and the human rights legislation in Canada have been developed in the context of religious accommodation. This part clarifies the concepts of "undue hardship" and "reasonable (ness)" and the relationship of two concepts under religious accommodation. In fact, the undue hardship under religious accommodation is restricted to the extent that accommodation bears no more than de minimis cost, and, therefore, does not require an employer to bear actual costs to accommodate religious employee. Moreover, once an employer offers an employee a plan that would reasonably accommodate the employee's religious beliefs and practices, the employer is not required to adopt a specific method of accommodation that the employee prefers.
北海学園大学の論文
2004-09-30

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(二)

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