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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. [1] [2] [3]
Central Alberta Dairy Pool v Alberta (Human Rights Commission), [1990] 2 SCR 489, is a leading human rights law decision of the Supreme Court of Canada.The Court expanded on the concept of accommodation up to undue hardship first established in Ontario (Human Rights Commission) v Simpsons-Sears Ltd, [1985] 2 SCR 536 and provided a set of factors to consider when evaluating undue hardship.
Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977), is a landmark decision on religious liberty and employment law.In 1977, the US Supreme Court held that an employer may discharge an employee who observes a seventh-day sabbath, and that such employee is not entitled to equal employment opportunity protection under Title VII of the Civil Rights Act of 1964, which makes it an unlawful ...
The opinion clarified Title VII's standard of "undue hardship" does not mean de minimis. The ruling states that "undue hardship is very different from de minimis" and that an employer even "showing more than de minimis cost" in providing religious accommodation "does not suffice to establish undue hardship." This ruling places additional onus ...
A BFOQ can legally justify discrimination if it is directly related to the realization of the business's function, supported by reliable evidence, validated through widely accepted research consensus, and if proving that a prospective hire is an exception to the recognized consensus would cause undue hardship for the employer. [1]
It must show that reasonable alternatives and accommodations have been looked into and reasonably dismissed due to undue hardship. Sopinka J, in Central Okanagan School District No 23 v Renaud [1992] 2 SCR 970, stated, "[T]he use of the term 'undue' infers that some hardship is acceptable; it is only 'undue' hardship that satisfies this test ...
Hardship may refer to: Hardship clause, in contract law; Hardship post, ... Undue hardship, in employment law and other areas This page was last edited on 1 ...
The practice was also found to be in good faith. The standard failed the third step as it was not reasonably necessary to accomplish the goal. Furthermore, the Superintendent failed to show that any accommodation such as allowing individual testing would constitute undue hardship.