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