The Necessary Expansion of the Duty to Provide Reasonable Accommodation for People with Disabilities as an Ex Ante Control for the Extinction of the Employment Contracts of People with Disabilities

2018 ◽  
Author(s):  
David Gutierrez
Keyword(s):  
People With Disabilities ◽  
Reasonable Accommodation ◽  
Employment Contracts ◽  
Ex Ante

The Role of the Pediatrician in Implementing the Americans With Disabilities Act: Subject Review

PEDIATRICS ◽  
1996 ◽  
Vol 98 (1) ◽  
pp. 146-148
Author(s):  
Keyword(s):  
American Academy ◽  
Special Needs ◽  
Americans With Disabilities Act ◽  
People With Disabilities ◽  
Reasonable Accommodation ◽  
Individuals With Disabilities ◽  
American Academy Of Pediatrics ◽  
Counseling Adolescents ◽  
Recreational Programs

In this statement, the American Academy of Pediatrics reaffirms the importance of the Americans With Disabilities Act (ADA), which guarantees people with disabilities certain rights to enable them to participate more fully in their communities. Pediatricians need to know about the ADA provisions to be able to educate and counsel their patients and patients' families appropriately. The ADA mandates changes to our environment, including reasonable accommodation to the needs of individuals with disabilities, which has application to schools, hospitals, physician offices, community businesses, and recreational programs. Pediatricians should be a resource to their community by providing information about the ADA and the special needs of their patients, assisting with devising reasonable accommodation, and counseling adolescents about their expanded opportunities under the ADA.

scholarly journals „Racjonalne usprawnienie” w ramach edukacji dzieci i młodzieży z niepełnosprawnością – rozważania na kanwie konwencji o prawach osób niepełnosprawnych Część 2

2018 ◽  
pp. 15-34 ◽  
Author(s):  
Adam Mikrut
Keyword(s):  
Social Policy ◽  
People With Disabilities ◽  
Reasonable Accommodation ◽  
Persons With Disabilities ◽  
The Republic

The authorities of the Republic of Poland have ratified the Convention on the Rights of Persons with Disabilities and have undertaken the responsibility to implement such changes in the internal law and in social policy which aim at ensuring full and equal enjoyment of all rights and freedoms by people with disabilities and preventing their discrimination in different aspects of life. One of the ways of fulfilling this commitment is described as ‘reasonable accommodation’. The author of this article has attempted to find manifestations of such activities in the field of school legislation and its practical examples. As a result, it turned out that in the analysed area many solutions are in line with the spirit of the ‘reasonable accommodation’.

scholarly journals Reasonableness in the Concept of Reasonable Accommodation

2016 ◽  
pp. 42-59
Author(s):  
Rafael De Asís Roig
Keyword(s):  
Universal Design ◽  
People With Disabilities ◽  
The Other ◽  
Reasonable Accommodation ◽  
Human Right ◽  
Universal Accessibility ◽  
Methodological Tool ◽  
Principle Of Proportionality ◽  
The One ◽  
In Virtue Of

Reasonable accommodation is one of the pillars upon which the recognition of the rights of people with disabilities rests. It acquires its full meaning when understood in connection with the concept of universal design, since both concepts fall within the framework of universal accessibility. An accurate understanding of reasonable accommodation requires, on the one hand, clarifying its connection with universal design and accessibility, and on the other, unraveling what “reasonable” means. The reasonableness in accommodation takes to three kinds of reflections. On the one hand the one concerning non-discrimination, which requires to assess, when examining whether the adjustment is justified or not, if it entails a violation of the principle of equality (since it differentiates or it does not, in an unjustified manner, thus harming a human right such as accessibility). In this justifying test there is an essential methodological tool at hand, which shall be regarded as the second great reflection on reasonableness in accommodation: the principle of proportionality. In virtue of this principle, the reasonableness test requires facing the adjustment’s adequacy and necessity and, in addition to that, the advantages or sacrifices that produces on rights. And since both of these reflections do not ensure a single answer, reasonableness requires a last reflection on the basis of acceptability. The adjustment’s justification, or the lack of it, shall be subject to the community’s acceptance or rejection.

A Comparative Overview of Disability-Related Employment Laws and Policies in 193 Countries

2021 ◽  
pp. 104420732110063
Author(s):  
Jody Heymann ◽  
Elizabeth Wong ◽  
Willetta Waisath
Keyword(s):  
United Nations ◽  
People With Disabilities ◽  
Legal Rights ◽  
Reasonable Accommodation ◽  
Systematic Analysis ◽  
Persons With Disabilities ◽  
National Legislation ◽  
Global Database ◽  
Indirect Discrimination ◽  
Laws And Policies

People with disabilities experience significantly worse employment outcomes than individuals without disabilities. In a study of 91 countries, employment-to-population ratios were significantly lower for people with disabilities. Moreover, studies find clear evidence of discrimination in wages, training, and promotions. The United Nations (UN) Convention on the Rights of People with Disabilities (CRPD) commits countries to enact legislation prohibiting discrimination and guaranteeing reasonable accommodation. However, there has yet to be a global systematic analysis of the extent to which countries are upholding their CRPD commitments. We built the first global database to document employment-related legislative provisions in all countries for persons with disabilities. We report on non-discrimination protections and reasonable accommodation across all 193 UN member states. We find progress and ongoing gaps. Sixty-two percent of countries broadly prohibit disability-based employment discrimination, but far fewer prohibit indirect discrimination (33%) and harassment (30%). Just over half (52%) of countries guarantee reasonable accommodation to workers with disabilities. Similarly, just over half of countries (53%) do not prohibit pay discrimination or discrimination in promotion/demotion. In conclusion, we discuss the need to address gaps in national legislation and to enhance efforts to implement and enforce existing legal rights.

scholarly journals Aplicación de los ajustes razonables en Qatar. Un análisis sobre la garantía de la igualdad de las personas con discapacidad en el derecho común qatarí = Application of reasonable accommodation in Qatar. An analysis on the guarantee of the equality of persons with disabilities in the Qatari Law

2017 ◽  
pp. 110
Author(s):  
Rafael de Asís Roig ◽  
María Carmen Barranco Avilés ◽  
María Laura Serra ◽  
Patricia Cuenca Gómez ◽  
Francisco Javier Ansuátegui Roig ◽  
...  
Keyword(s):  
People With Disabilities ◽  
The State ◽  
Reasonable Accommodation ◽  
Persons With Disabilities ◽  
Palabras Clave ◽  
Impact Measure

RESUMEN: Este trabajo considera la conceptualización y aplicación de la figura de los ajustes razonables en Qatar tras nueve años desde la ratificación de la Convención sobre los Derechos de las Personas con Discapacidad (CDPD). En él se trata de analizar la situación de igualdad y no discriminación de las personas con discapacidad utilizando como medida de impacto la figura de ajustes razonables. El artículo destaca las principales fallas y virtudes del Estado de Qatar respecto a esta figura y traza un camino a fin de poder avanzar en la inclusión de las personas con discapacidad a la luz de la CDPD. ABSTRACT: This paper considers the conceptualization and application of reasonable acommodation in Qatar after nine years since the ratification of the Convention on the Rights of Persons with Disabilities (CRPD). It analyzes the situation of equality and non-discrimination of people with disabilities using the figure of reasonable adjustments as an impact measure. The article highlights the main failures and virtues of the State of Qatar regarding reasonable accommodation and draws a path to move forward in the inclusion of people with disabilities in the light of the CRPD. PALABRAS CLAVE: ajustes razonables, igualdad, CDPD, Qatar. KEYWORDS: reasonable accommodation, equality, CRPD, Qatar.

scholarly journals Possible consequences of the Employment Contracts Act for people with disabilities

1970 ◽  
Vol 16 (3) ◽  
Author(s):  
Philipp Bascand
Keyword(s):  
People With Disabilities ◽  
Paper Briefly ◽  
Employment Contracts ◽  
Industrial Environment ◽  
Employees With Disabilities

This paper briefly canvasses some issues that surround the employment of workers with disabilities in the new industrial environment under the Employment Contracts Act. The ability of employees with disabilities to negotiate contracts from a less than comparable position of strength is discussed. The underlying reasons for this imbalance in power is analyzed. The use of bargaining agents as provided for under the Act is discussed as one mechanism which may assist in addressing this imbalance in power.

Sign in / Sign up

Export Citation Format

Share Document