WebJan 1, 2003 · described the plaintiff’s initial burden as showing an accommodation that is reasonable in “the run of cases.” (“As a general matter a reasonable accommodation is one employing a method that is reasonable in the run of cases, whereas the undue hardship inquiry focuses on the hardships imposed by the plaintiff’s preferred accommodation ... WebFeb 2, 2003 · The court found that this met the plaintiff’s burden to suggest a reasonable accommodation which it held to be a mere burden of production, a burden that is not a heavy one. 63 F.3d at 138. Thereafter, the burden to prove that the accommodation would impose an undue hardship fell on the school district. The court observed at 63 F.3d 139:
Supreme Court to hear former mail carrier Gerald Groff
WebAnd like all defenses, the employer has the burden of proving and establishing that the employees’ requested accommodation would be unduly difficult. The undue hardship … WebAn employer is not required to make an accommodation if it would impose an "undue hardship" on the operation of the employer's business. "Undue hardship" is defined as … the rocks would cry out kjv
Undue Hardship is an Exceptional Remedy CanLII Connects
WebApr 10, 2024 · Assuming the loans at issue are covered by the exception to discharge under 11 U.S.C. § 523(a)(8), a debtor must then demonstrate that being forced to repay the student loans would constitute an undue hardship. Since “undue hardship” is not defined anywhere in the Bankruptcy Code, the task of interpreting what actually constitutes an … WebNov 7, 2007 · The debtor has the burden of proving, by a preponderance of the evidence, that repayment of the educational loan will impose undue hardship. [10] To establish "undue hardship" the majority of the courts have adopted a three-prong test which was established in Brunner v. N.Y. State Higher Educ. Servs. WebFactors used to determine whether an undue hardship exists include: The nature and cost of the accommodation. The size, type, and financial resources of the specific facility where the accommodation would occur. … track lighting for bars