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The Role of Accommodation in Disability Discrimination Law

Samuel R. Bagenstos

in Law and the Contradictions of the Disability Rights Movement

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300124491
eISBN:
9780300155433
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300124491.003.0004
Subject:
Law, Legal History

This chapter discusses the expansion of the concept of discrimination to include the denial of reasonable accommodation. It argues that—under the minority-group model that has had such a powerful ... More


Tolerance and Accommodation: A Brief Genealogy

Lori G. Beaman

in Deep Equality in an Era of Religious Diversity

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198803485
eISBN:
9780191841682
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198803485.003.0005
Subject:
Religion, Religion and Society

This chapter problematizes the notions and language of tolerance and accommodation in relation to religious diversity, and traces their genealogy both as legal solutions and as discursive frameworks ... More


Allocating Resources: A Joint Scientific and Deliberative Approach

Jennifer Prah Ruger

in Health and Social Justice

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199559978
eISBN:
9780191721489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559978.003.0009
Subject:
Economics and Finance, Public and Welfare

This chapter addresses the question of priority setting for competing needs when resources are scarce. It begins with the broader societal perspective, because fair decisions must balance spending on ... More


General Principles of Accommodation

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0016
Subject:
Business and Management, HRM / IR

This chapter examines the general principles that underlie an employer's duty to reasonably accommodate the religious beliefs and practices of its employees. Title VII originally did not provide for ... More


Accommodation in Practice

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0017
Subject:
Business and Management, HRM / IR

This chapter examines how the general principles underlying an employer's duty to reasonably accommodate the religious observances and practices of its employees are applied on a daily basis by the ... More


Exceptions to the non-discrimination principle

Evelyn Ellis and Philippa Watson

in EU Anti-Discrimination Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199698462
eISBN:
9780191745904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698462.003.0009
Subject:
Law, EU Law, Human Rights and Immigration

This analyses the defences for genuine and determining occupational requirements, the special occupational exception for religious bodies, the provisions protecting women, the exception based on ... More


Disability Discrimination

Stephen J. Vodanovich and Deborah E. Rupp

in Employment Discrimination: A Concise Review of the Legal Landscape

Published in print:
2022
Published Online:
April 2022
ISBN:
9780190085421
eISBN:
9780190085452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190085421.003.0009
Subject:
Psychology, Social Psychology

This chapter covers legal protections for individuals with legally qualified disabilities. The authors begin by describing the Rehabilitation Act of 1973 followed by the Americans with Disabilities ... More


Is Disability Discrimination Different?

David Wasserman

in Philosophical Foundations of Discrimination Law

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199664313
eISBN:
9780191748486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664313.003.0014
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter addresses the question of whether we can have a coherent disability discrimination law that takes account of only the first aspect of impairment, as a stigmatized characteristic and a ... More


Hiring and Employing Wounded and Disabled Veterans

Judy Young, Lisa Stern, and Daniel Geller

in Military Veteran Employment: A Guide for the Data-Driven Leader

Published in print:
2021
Published Online:
June 2021
ISBN:
9780190642983
eISBN:
9780190643010
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190642983.003.0008
Subject:
Psychology, Social Psychology

Some members of the military may leave the service with physical and/or psychological injuries or wounds. This chapter offers business leaders and human resource professionals a blueprint for hiring ... More


The Architecture of Discrimination Law

Tarunabh Khaitan

in A Theory of Discrimination Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199656967
eISBN:
9780191748080
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656967.003.0003
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Its protectorate, its duty-bearers, and the duties it imposes determine the basic structure of discrimination law. A protected ground must: (i) be a personal characteristic that classifies persons ... More


Nationalism, Secularism, and Cultural Heritage

Geneviève Zubrzycki

in Beheading the Saint: Nationalism, Religion, and Secularism in Quebec

Published in print:
2016
Published Online:
May 2017
ISBN:
9780226391540
eISBN:
9780226391717
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226391717.003.0005
Subject:
Religion, Religion and Society

In chapter 5 the author turns her attention to the relationship between religious symbols, cultural patrimony, and secularism in an analysis of the debates over “reasonable accommodation” and the ... More


What Is the Place of Sharia Law in European Legal Systems?

Dr Lorenzo Zucca

in A Secular Europe: Law and Religion in the European Constitutional Landscape

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199592784
eISBN:
9780191738906
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592784.003.0006
Subject:
Law, Constitutional and Administrative Law, EU Law

The place of sharia law in European political societies varies. It is incorrect to believe that we can simply turn a blind eye to religious laws or to treat them as irrelevant. They are very relevant ... More


Vocational Rehabilitation

Rachel Miller and Susan E. Mason

in Diagnosis: Schizophrenia, Second Edition, second edition: A Comprehensive Resource for Consumers, Families, and Helping Professionals

Published in print:
2011
Published Online:
November 2015
ISBN:
9780231150415
eISBN:
9780231521024
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231150415.003.0017
Subject:
Psychology, Cognitive Psychology

This chapter provides resources for vocational rehabilitation, or simply, the job training and support services a recovering schizophrenic will want to take advantage of in order to start a new life. ... More


Experimentalism and the limits of uploading: the EU and the UN Disability Convention

Gráinne de Búrca

in Extending Experimentalist Governance?: The European Union and Transnational Regulation

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198724506
eISBN:
9780191792113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724506.003.0012
Subject:
Political Science, European Union, Comparative Politics

While the UN Convention on the Rights of Persons with Disabilities (CRPD), which was the first major international human rights treaty to be signed by the EU, has a notably experimentalist character, ... More


Religious Freedom and Gay Rights: Emerging Conflicts in the United States and Europe

Timothy Shah, Thomas Farr, and Jack Friedman (eds)

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190600600
eISBN:
9780190600631
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190600600.001.0001
Subject:
Religion, Religion and Society, Religious Studies

In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the ... More


To Discriminate in Order to Fight Discrimination: Paradox or Abuse?

Dolores Morondo Taramundi

in When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795957
eISBN:
9780191837135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795957.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. ... More


Work: A Needed Priority

Gauthier de Beco

in Disability in International Human Rights Law

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198824503
eISBN:
9780191863318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198824503.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter analyses the right to work. It examines how the CRPD has come to provide for the participation of disabled people in the ‘open labour market’ and examines the various barriers that limit ... More


The Future of Religious Freedom

Russell Sandberg

in When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795957
eISBN:
9780191837135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795957.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter revisits Ladele v. The United Kingdom, contending that the way in which the case was argued at the European Court of Human Rights resulted from a restrictive interpretation of Article 9 ... More


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