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(三)

概要

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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 5 of this monograph focuses on the duty of reasonable accommodation and its limitation theories under Rehabilitation Act. This paper first explores the history of vocational rehabilitation and the advent of section 504 of the Rehabilitation Act of 1973, which prohibits discrimination based on discrimination in federal jurisdiction and is relevant to reasonable accommodation for persons with disabilities. Then, it is clarifying on what disability rights advocates affects on section 504's (HEW) regulation and whether courts admit the duty of reasonable accommodation under the Rehabilitation Act before the execution of HEW regulation.
北海学園大学の論文
2006-03-31