This memorandum proposes to reform the duty of accommodation in the workplace. In order to help increase participation in the workforce by disabled person and members of other minority or disadvantaged groups. It proposes a duty of accommodation that would prohibit the exclusion of such persons from particular jobs where it is reasonably possible to provide accommodations that allow them to perform the necessary work. This report recommends the enactment of legislation creating an express duty of accommodation that should apply to both “adverse effect” and direct discrimination. The duty should require the employer to consider whether any accommodation can be made (short of undue hardship) that allows the employee to perform the duties of the job. Accommodation should be defined and/or a list of types of accommodations should be provided in the statute. The second recommendation is that the duty of accommodation should be limited. Accommodation should be required to the point of undue hardship, and a list of facts assessing “undue hardship” should be provided and is listed in the report.
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