The duty to accommodate: an exploratory study of where the threshold of undue hardship exists
LE3 .A278 2022
Bachelor of Business Administration
In the employment context, it is understood that employers have a duty to accommodate their employees to the point of undue hardship; however, its extent is difficult to define. This thesis examines 15 accommodation cases to determine where the threshold of an employer’s duty to accommodate exists. Qualitative content analysis was used alongside grounded theory to assess and compare the cases selected for study. Additionally, an intentional coding scheme was used to code and categorize the data found within the cases. This was done based on the language and reasoning that the Justices used in their proceedings. It was found that the previous factors and notions surrounding the duty to accommodate were upheld and reaffirmed by the Justices. The assessment of the cases also revealed additional and novel factors that may need to be considered when accommodating employees. From this research, a greater understanding is afforded to employers in terms of when their duty to accommodate has been discharged and what factors may be assessed as a result.
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