2011SSRN Electronic JournalOpen access

Reasonable Accommodation - Time to Extend the Duty to Accommodate Beyond Disability?

Lisa Waddington

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Abstract

This article discusses the merits of extending the duty to make a reasonable accommodation beyond disability, to include other grounds such as religious belief and old age. The author identifies a number of drawbacks with such an approach, and concludes that, if interpreted dynamically, the obligation not to indirectly discriminate can also provide for a de facto accommodation duty in many cases. The author notes that such a duty can also be read into the ECHR at times.

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What this paper is about

This article discusses the merits of extending the duty to make a reasonable accommodation beyond disability, to include other grounds such as religious belief and old age. The author identifies a number of drawbacks with such an approach, and concludes that, if interpreted dynamically, the obligation not to indirectly discriminate can also provide for a de facto accommodation duty in many cases. The author notes that such a duty can also be read into the ECHR at times.

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Available abstract

This article discusses the merits of extending the duty to make a reasonable accommodation beyond disability, to include other grounds such as religious belief and old age. The author identifies a number of drawbacks with such an approach, and concludes that, if interpreted dynamically, the obligation not to indirectly discriminate can also provide for a de facto accommodation duty in many cases. The author notes that such a duty can also be read into the ECHR at times.

Key concepts: Accommodation, Duty, Reasonable accommodation, Obligation, De facto, Law, Law and economics, Political science

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