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Reasonable Accommodation in the Modern Workplace: Potential and Limits of the Integrative Logics of Labour Law

Edited by: Blanpain Roger, Frank Hendrickx

ISBN13: 9789041162588
Published: June 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £135.00

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Reasonable Accommodation in the Modern Workplace: Potential and Limits of the Integrative Logics of Labour Law, is the first study to analyse, on a global scale, how employment discrimination law gives shape to an accommodated workplace in three main areas of interest: age, disability, and religion/belief. Increasingly, the modern workplace faces challenges of diversity and employability, and there is a need to match workforce diversity, or workers’ own characteristics and choices, with employers’ organizational and business requirements. In this context, the notion of reasonable accommodation inevitably arises. Concepts such as ‘adaptability’ and ‘employability’ not only require workers to adapt to new labour market circumstances, but they are also directed towards employers’ duties to accommodate work and the workplace to the worker’s situation.

This book is a compilation of articles, which were originally presented as papers at the 2015 meeting of the International Association of Labour Law Journals hosted by the Institute for Labour Law of the University of Leuven.

What’s in this book:

Issues and topics covered include the following:

  • the scope of ‘reasonable accommodation’;
  • the definition of ‘reasonable’ in reasonable accommodation;
  • recognized business requirements that may override the duty to accommodate;
  • when employers’ neutrality policies to avoid accusations of discrimination may constitute indirect discrimination;
  • use of integration or re-integration strategies to accommodate disabled/incapable workers;
  • use of ‘exit gateways’ that enable employers to avoid liability in cases of disability discrimination;
  • when employers must take into account of workers’ family lives; and
  • when an obligation to reclassify a worker exists.
Sixteen prominent labour and employment law scholars offer in-depth perspectives from labour laws of Belgium, the Netherlands, France, Sweden, Russia, Israel, Canada, the United States, South Africa, and Australia. Each report fully integrates relevant legislation, case law, and legal doctrine and follows the same structure throughout to allow easy comparisons across jurisdictions. Attention is also given to the roles of European Union law and the UN Convention on the Rights of Persons with Disabilities.

The book essentially makes clear that reasonable accommodation cannot be narrowed down to a formal anti-discrimination perspective, but that it requires an integrative logic that can grow in a broader labour law context.<

How will this help you:

As a compelling analysis of whether the idea of reasonable accommodation is winning ground in labour law in today’s world, this book is of great value. Labour and employment lawyers and judges, as well as corporate counsel and academics, who work with both actual law and powerful legal theory on accommodation, benefit from the actual, up-to-date information and insight provided from globally representative accommodation trends. As a result, the book helps to meet workplace challenges confidently involving accommodations for age, disability, or religion/belief.

Employment Law, Discrimination Law
Notes on Contributors
Introduction Frank Hendrickx
Chapter 1 Reasonable Accommodation in the United States Steven L. Willborn
Chapter 2 Reasonable Accommodation as Equal Opportunity in Canadian Employment Law Kevin Banks
Chapter 3 Reasonable Accommodation in Australia: Displacing the Normative Worker? Anna Chapman
Chapter 4 Disability and Reintegration in Work: Interplay between EU Non-discrimination Law and Labour Law Frank Hendrickx
Chapter 5 Accommodating ‘Reasonable Accommodation’: Encouraging Liability Evasion over Employment Integration? Alan C. Neal
Chapter 6 Non-discrimination, Reasonable Accommodation and Swedish Law: With a Special Focus on Disability Mia Rönnmar
Chapter 7 Reasonable Accommodation of Disabled into the Modern Workplace in Poland Andrzej Marian Switkowski
Chapter 8 The ‘Integrative Function’ of Labour Law in Ebb? Reasonable Accommodation for Religion or Belief and Company ‘Neutrality Policies’ in Belgium Katayoun Alidadi
Chapter 9 Reasonable Accommodation for Religion, and Other Motives, in French Labour Law: Testing the Possibility of a Legal Transplant Sophie Robin-Olivier
Chapter 10 Reasonable Accommodation of Religion and Culture in South African Workplaces: Taken a Notch Too Far? Karin Calitz
Chapter 11 Reasonable Accommodation in the Modern Workplace: Russian Perspective Nelly Diveeva, Mikhail Kharitonov & Fatima Nogajlieva
Chapter 12 Accommodating All? (or: ‘Ask Not What You Can Do for the Labour Market - Ask What the Labour Market Can Do for You’) Guy Davidov & Guy Mundlak

Series: Bulletin of Comparative Labour Relations

EU Law on Maternity and Other Child-Related Leaves: Impact on Gender Equality ISBN 9789403514529
Published September 2019
Kluwer Law International
American Labor and the Law: Dormant, Resurgent, and Emergent Problems ISBN 9789403506548
Published February 2019
Kluwer Law International
American Labor and the Law: Dormant, Resurgent, and Emergent Problems (eBook) ISBN 9789403506555
Published February 2019
Kluwer Law International
Game Changers in Labour Law: Shaping the Future of Work ISBN 9789041199539
Published April 2018
Kluwer Law International
China and ILO Fundamental Principles and Rights At Work
Edited by: Roger Blanpain
ISBN 9789041149848
Published January 2014
Kluwer Law International
Labour Law between Change and Tradition: Liber Amicorum Antoine Jacobs ISBN 9789041134240
Published May 2011
Kluwer Law International
Rethinking Corporate Governance: from Shareholder Value to Stakeholder Value ISBN 9789041134509
Published March 2011
Kluwer Law International
Regulation of Fixed-Term Employment Contracts: A Comparative Overview ISBN 9789041133564
Published October 2010
Kluwer Law International
Seafarers Rights in the Globalized Maritime Industry ISBN 9789041133496
Published September 2010
Kluwer Law International
European Works Councils: Euro Directive 2009/38/EC of 6 May 2009 ISBN 9789041132086
Published November 2009
Kluwer Law International
Employment Policies and Multilevel Governance
Edited by: Roger Blanpain
ISBN 9789041128669
Published April 2009
Kluwer Law International
New Developments in Employment Discrimination Law ISBN 9789041127822
Published October 2008
Kluwer Law International
Women in Academia and Equality law: Aiming High - Falling Short
Edited by: Roger Blanpain
ISBN 9789041124272
Published March 2006
Kluwer Law International
Freedom of Services in the European Union: Labour and Social Security Law: The Bolkestein Initiative
Edited by: Roger Blanpain
ISBN 9789041124531
Published March 2006
Kluwer Law International
Labour Relations in the Asia-Pacific Countries
ISBN 9789041122391
Published September 2003
Kluwer Law International
Employee Rights in Bankruptcy
ISBN 9789041119421
Published October 2002
Kluwer Law International
The Impact of the Internet and New Technologies on the Workplace ISBN 9789041118240
Published July 2002
Kluwer Law International
Involvement of Employees in the European Union
ISBN 9789041117601
Published March 2002
Kluwer Law International
On-line Rights for Employees in the Information Society ISBN 9789041116260
Published February 2002
Kluwer Law International
The Evolving Employment Relationship and the New Economy
ISBN 9789041116918
Published November 2001
Kluwer Law International
The Council of Europe and the Social Challenges of the XXIst Century
ISBN 9789041115430
Published March 2001
Kluwer Law International
Deregulation and Labour Law
ISBN 9789041113702
Published June 2000
Kluwer Law International
Multinational Enterprises and the Social Challenges of the XXIst Century
ISBN 9789041112804
Published December 1999
Kluwer Law International
The Process of Industrialization and the Role of Labor Law in Asian Countries
ISBN 9789041110473
Published April 1999
Kluwer Law International
Labour Law and Industrial Relations in the European Union ISBN 9789041105271
Published March 1998
Kluwer Law International
Employment Protection Under Strain ISBN 9789041105288
Published March 1998
Kluwer Law International
The Harmonization of Working Life and Family Life
ISBN 9789041100641
Published June 1997
Kluwer Law International
Labour Law and Industrial Relations in Central and Eastern Europe
ISBN 9789041102980
Published January 1997
Kluwer Law International
Industrial Relations in Small and Medium-Sized Enterprises
ISBN 9789065446961
Published July 1995
Kluwer Law International
Workers' Participation
ISBN 9789065446008
Published July 1994
Kluwer Law International
Employee Rights and Industrial Justice
ISBN 9789065448040
Published June 1994
Kluwer Law International