LA DEFENSE DE CONTRAINTE EXCESSIVE EST-ELLE POSSIBLE POUR LES EMPLOYEURS DU SECTEUR PUBLIC?

Authors

  • Anne-Marie Laflamme

Abstract

The undue hardship defence, the only limitation on the duty of reasonable accommodation, is particularly difficult to establish for public-sector employers. Firstly, these are generally very large employers who have a lot of budgetary latitude. Secondly, as representatives of the State, they have a primary duty to exemplify the right to equality. The author examines the obligations of such employers in light of recent case law, and argues that they should not be denied the right to determine reasonable professional requirements for their employees.

Keywords:

Discrimination, Accomodation, Rights and Freedoms, Public Sector, Undue Hardship, Public Funds

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Published

2009-02-01

Issue

Section

Legal Commentary