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Undue hardship meaning

Undue hardship meaning

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The following factors should be considered in determining whether approving unpaid leave results in an undue hardship to the employer: If it would not pose an undue hardship, the employer must grant the accommodation

Undue hardship is a concept in the law which revolves around the idea that if meeting a legal obligation would constitute an unreasonable or insurmountable hardship, someone will be exempted from that obligation

The Code sets out only three elements that may be considered in assessing whether an accommodation would cause undue hardship: U

The spouse applying for relief under this section must prove that payment of the table amounts would cause undue hardship under s

(a) The Department will waive its claim in cases of undue hardship

Accommodation need not be provided if it causes undue or excessive hardship For example, an undue hardship may exist if the accommodation reduces efficiency in other jobs, infringes on other employees’ rights or benefits, impairs workplace safety, or conflicts with another law

What is an undue hardship? An agency may justify a refusal to accommodate an individual's religious beliefs or practices if the agency can demonstrate that the accommodation would cause an undue hardship

Dictionary Term of the Day Articles Subjects BusinessDictionary Business Dictionary Forcing people to travel 760 miles to access care is the definition of an undue burden

Undue hardship A substantial financial loss that would result to a taxpayer from making payment on the due date of the amount of taxes with respect to which the extension is desired

There is, however, no firm definition of undue hardship in the bankruptcy code

For purposes of chapter 168, Laws of 2014, "undue hardship" means an action requiring significant difficulty or expense to the employer

An undue hardship is an action that requires "significant difficulty or expense" in relation to: overall size of the agency's program Undue definition, unwarranted; excessive: undue haste

Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business

2 - Reasonable accommodation without undue hardship as required by section 701(j) of title VII of the Civil Rights Act of 1964

Translation for 'undue hardship' in the free English-Spanish dictionary and many other Spanish translations

Organizations covered by the Code have a duty to accommodate to the point of undue hardship

Americans to establish a disability within the meaning of the ADA, and employers will be less able to challenge whether an created an undue hardship where the In Stelco Inc

33 Though Brunner was decided before the 1998 amendments to §523(a)(8), it has been applied post-amendment as well

Judge Rules Woman Living On $10,000 Income Isn’t Facing ‘Undue Hardship,’ Can meaning that bankruptcy you have to prove undue hardship for Chapter 7 Undue Hardship

The determination of a reasonable amount for basic living expenses consultations be made by the Internal Revenue Service and consultations vary according to the unique circumstances of every individual taxpayer

If you declare bankruptcy and the bankruptcy court determines repaying your loans would cause undue hardship, your loans can be discharged

undue synonyms, undue pronunciation, undue translation, English dictionary definition of undue

An Economic hardship occurs when a taxpayer is unable to pay reasonable basic living expenses

undue - Translation to Spanish, pronunciation, and forum discussions For purposes of chapter 168, Laws of 2014, "undue hardship" means an action requiring significant difficulty or expense to the employer

Debtor’s signature required! This section indicates to the Court that the debtor can make the payments without undue hardship

"Undue hardship" means significant difficulty or expense to the employer

Text Size: A; A; A; Search STEP 4 Select Presumption of Undue Hardship from drop down list; click [NEXT] Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business, as assessed by the employer on a case-by-case basis

The federal Americans with Disabilities Act (ADA) prohibits employment discrimination against applicants and employees with disabilities

In determining whether an accommodation would result in undue hardship, consideration will be given to any relevant factor

An example of undue hardship might be seen in an applicant for student loan forgiveness

What is undue (adjective)? undue (adjective) meaning, pronunciation and more by Macmillan Dictionary A degree of hardship in a proposed accommodation that is unreasonable or excessively costly for an employer to bear

Definition of undue hardship: Excessive or unwarranted hardship

Students may suffer severe financial hardship as a result of the government’s decision

"Undue Hardship" Under Section 523(a Although Congress did not supply a definition of the phrase "undue hardship," and courts generally have declined to give Offer in Compromise: undue economic hardship provision Generally, undue economic hardship occurs when a taxpayer is unable to pay reasonable basic living expenses

What Does Undue Hardship Mean? The Ontario Human Rights Code provides that an employer has a duty to accommodate a disabled employee to the point of undue hardship

Unnecessary hardship is a term commonly used in zoning law to justify the grant Undue Hardship or Extreme If so, then in Massachusetts, the plaintiff wins unless the employer can demonstrate an undue hardship to the employer’s business

What does “undue hardship” mean? The duty to accommodate under the Code places an onus on the person responsible for accommodation, for example the employer, to find a way to accommodate the special needs of the affected employee

(b) When an employee is represented by a union, in determining whether the employee's absence would result in an undue hardship, the request must be reconciled, when feasible, with the provisions of the applicable collective bargaining agreement

Comment on, and offer information regarding: (1) factors to be considered in evaluating undue hardship claims; (2) weight to be given to any such factors; (3) whether the use of two tests results in inequities among borrowers; (4) circumstances under which loan holders should concede an undue hardship claim by the borrower; and (5) whether and Undue hardship is a legal concept that revolves around the idea that if meeting a legal obligation would be unreasonably hard You are not required to reasonably accommodate a qualified individual with a disability if you can show that the accommodation would cause an undue hardship

The commissioner must accept any undue hardship claim that a nursing home files and allow the home to represent the applicant regarding the claim if the applicant or his or her legal representative gives the home permission to do so

Definition of undue delay in the Legal Dictionary Undue hardship; Undue influence; Undue influence; Undue influence; Undue Influences; Undue Influences; Legal definition for UNDUE HARDSHIP: Circumstances when a debtor may be able to discharge a loan in bankruptcy, for example, some student loans where the debtor has virtually no income and practically has no ch What does Undue Hardship mean under the ADA? Under the ADA, an employer is required to provide reasonable accommodations as long as doing so does not create an undue hardship on the organization

Basic living expenses are those that provide for the health, welfare, and production of income for the taxpayer or the taxpayer's family

UPDATE September 2013: The 2013 legislation revising the board of adjustment statutes affects the standards for granting variances

These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation

Undue Hardship Definition: Special or specified circumstances that partially or fully exempt a person from performance of a legal obligation so as to avoid an unreasonable or disproportionate burden or obstacle

undue hardship definition, meaning, English dictionary, synonym, see also 'under',unduly',under-',undies', Reverso dictionary, English definition, English vocabulary Q8: Is the definition of undue hardship in relation to the ADA, as amended, different from the undue hardship standard for religious accommodations? A

An employer doesn't have to provide an accommodation if doing so would cause undue hardship to Definition Of The first U

The individual must recontact SSA and make a new allegation of undue hardship

Undue Hardship When a reasonable accommodation is requested by an employee with a disability, the employer is required to provide the accommodation unless it can prove that doing so would be an undue hardship

Under USERRA, an action is an undue hardship if it imposes significant difficulty or expense on the employer, when analyzed using factors substantially similar to those listed above analyzing undue hardship under the ADA (38 U

The term "undue hardship" is defined as "significant difficulty or expense" to the employer, determined in light of specific factors listed in the regulations noted below

Under the ADA, as amended, the undue hardship standard is a higher burden than that provided for religious accommodations under Title VII’s “de minimis cost or burden” standard

A court must therefore wrestle to define the boundaries of the fresh start policy as it decides whether a debtor's circumstances warrant forgiveness of educational debt

Undue hardship is a condition precedent to the granting of an extension of time to make a tax payment

Undue Hardship Employers are not required to implement any reasonable accommodation that would present an undue hardship on the business

Many translated example sentences containing "undue hardship" – Spanish-English dictionary and search engine for Spanish translations

Undue hardship means that the accommodation would be unduly costly, ex-tensive, substantial or disruptive, or would fundamentally alter the nature of operation of the business

SUBJECT: EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act PURPOSE: This enforcement guidance supersedes the enforcement guidance issued by the Commission on 03/01/99

Undue Hardship Definition An employer must make reasonable accommodations for the employee unless making the accommodations would impose an undue hardship on the United States Bankruptcy Court - District of New Jersey

Posted by: Patricia Salkin | September 11, 2010 MN Supreme Court Adopts Stricter Meaning of Phrase “Undue Hardship” for Variance Requests hardship is the responsibility of your representative or you

Student loan debt may be discharged on the basis of undue hardship

Definition of UNDUE INFLUENCE: In regard to the making of a will and other such matters, undue influence is persuasion carried to the point of overpowering the will, or such a control over the person in question as prevents him from acting intelligently, understanding^’, and voluntarily, and in effect destroys his, and constrains him to do What do they mean when they say "order finding presumption of undue hardship is rebutted with respect to reaffirmation agreement I filed for bankruptcy a few months back and signed a reaffirmation (2) Accommodations that pose an "undue hardship" on the employer will not be required

Undue hardship requires more than proof that some co-workers complained; a showing of undue hardship based on co-worker interests generally requires evidence that the accommodation would actually infringe on the rights of co-workers or cause disruption of work

Under Title VII, a religious accommodation must be made as long as it does not provide an undue hardship

Whether an accommodation constitutes an undue hardship is a fact-specific issue

appeals court to discuss the meaning of the term "undue hardship" in §523 was the Second Circuit in In re Brunner in 1987 Under the Code, every student with a disability is entitled to accommodation up to the point of undue hardship

The Americans with Disabilities Act (ADA) generally requires employers to provide reasonable accommodations to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability – unless the employer can demonstrate that the accommodation would impose an undue hardship

"Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors

See Americans with Disabilities Act, Environmental tobacco smoke

undue hardship translation french, English - French dictionary, meaning, see also 'under',unduly',under-',undies', example of use, definition, conjugation, Reverso dictionary Undue hardship is a term of art, and unless the accommodation rises to the level of a fundamental alteration in the business or is an undue hardship under the factors listed above, it is irrelevant if the accommodation inconveniences the employer

An employer’s failure to comply with this duty constitutes discrimination on the basis of disability and can trigger a variety of different remedies, including reinstatement of employment

We explain everything you need to know to discharge your student loans

It can get tricky determining what is an undue hardship under the law, so it is recommended to consult with counsel before making a blanket refusal of an employee’s accommodation request

New York City Raises the Bar for Employers to Show 'Undue Hardship' in Addressing Employees' Religious Accommodation Requests An obligation to repay such debt will be discharged if a debtor establishes that undue hardship would be suffered in the absence of its discharge

Be alert for cases in which undue hardship may exist in some but not all months during the life of the application

For example, an undue hardship may exist if the accommodation reduces efficiency in other jobs, infringes on other employees’ rights or benefits, impairs workplace safety, or conflicts with another law

32) In the lower court's decision in Lakey, Judge Yeakel cited to the Supreme Court's decision in Gonzales, and held that despite any finding of a rational basis, the court must still determine whether the Texas statute imposed an undue burden before a woman seeking to have an abortion

Part E is the Debtor’s Motion for Court Approval and must be signed by Debtors who are not represented by an attorney

— amanda arnold, The Cut, "Arkansas Becomes the First State to Ban Medication Abortion," 29 May 2018 Trump signed an executive order Feb

According to the EEOC, an undue hardship is a significant difficulty or expense

To determine undue hardship the EEOC will review several factors: the net cost, the nature of the accommodation, the financial resources of the company, the number or employees, the overall financial resources of the business, the type of operation of the business, and the financial costs of the accommodation

If undue hardship stops due to a continuing change in the individual's situation, such as income or resources, do not tickle the file to follow up

If there is a presumption of undue hardship, the debtor can explain how the hardship will be overcome

(b) The Department will find undue hardship and will permanently waive its claim with respect to the primary residence of a decedent if the person requesting the undue hardship waiver meets all of the following conditions: An agency is not required to make an accommodation if it can demonstrate that providing the accommodation would impose an undue hardship on its everyday operations

How do you claim a hardship for jury duty? Most of us don't look forward to appearing for - Civil Rights Particular Hardship and Practical Difficulty Criteria Seeking a variation is a legal process that allows property owners to build structures or use land in a way that is contrary to the local zoning regulations

The following factors should be considered in determining whether approving unpaid leave results in an undue hardship to the employer: Define undue

Students loans are not impossible to discharge, but the "undue hardship" requirement has got to go

It is important to be aware of the specific definition given to undue hardship in the legislation that applies to your workplace and to hold the employer to that Undue Hardship; Undue Influence; Undue Undue hardship is a condition precedent to the granting of an Please select a reason for flagging this definition

While most debts are dischargeable in bankruptcy, student loans are not, be they Federal or private

The definition of economic hardship is derived from Treasury Regulaexaminations § 301

&#160; undue pressure/strain/hardship A council member said the package was the best deal the city could offer the company without putting undue strain on the city's finances

Undue hardship refers not only to financial difficulty, but also to reasonable accommodations that are unduly extensive or disruptive, or those that would fundamentally alter the nature or operation of the business

28 to undue part of it, a part adjusted during President Barack Obama's administration

2013 – 126 repeals the reference to “practical difficulties” and provides that to grant a variance unnecessary hardship must result from the strict application of the ordinance

an undue burden/risk/delay Opponents have argued that the bill is an undue burden on business

The courts have not yet provided a comprehensive definition of an accommodation would be considered overly burdensome if it would impose undue hardship or undue What does the undue hardship exemption mean for employees? Employers with fewer than 50 employees are not subject to the Fair Labor Standards Act (FLSA) break time requirement for covered, nonexempt employees if compliance with the provision would impose an undue hardship

Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive or disruptive, or those that would fundamentally alter the nature or operation of the business

21 synonyms of undue from the Merriam-Webster Thesaurus, plus 13 related words, definitions, and antonyms

undue hardship Social medicine A term used in the context of the ADA, in which an employer may claim that the accommodations required to comply with the ADA are financially unviable and represent an undue hardship

Similarly, the Massachusetts Commission against Discrimination has issued guidelines on what is a reasonable accommodation

appeals court to discuss the meaning of the term "undue hardship" in §523 was the Second Circuit in In re Brunner in 1987

Undue hardship meaning significant difficulty or expense Undue hardship refers from HR 353DLA at Park University Your Right to a Reasonable Accommodation Under the Americans with Disabilities Act To show that a particular accommodation would present an undue hardship, Maybe claiming undue hardship isn't as impossible as it seems, if you truly have no hope Rail services to rural areas could be withdrawn without undue hardship

A concept in workplace disability accommodation situations is the idea of "undue hardship" which an employer asserts to avoid having to provide a reasonable accommodation for a disabled employee

Exceeding what is appropriate or normal; excessive: "I was grateful, without showing undue excitement"

United Steelworkers, Local 1005 (Mansfield Grievance) (July 2, 2008), the arbitrator clarified the limits on an employer’s duty to accommodate, as well as the role that the costs of accommodation play in determining when the undue hardship threshold has been met

A definition of undue hardship and examples of document ation you can provide are on the back of this form

An undue hardship is special or specified circumstances that partially or fully exempt a person or organization from performance of a legal obligation so as to avoid an unreasonable or disproportionate burden or obstacle

It also requires employers to provide reasonable accommodations to allow employees with disabilities to do their jobs, unless doing so would create undue hardship

The only way for a student loan to be discharged in bankruptcy is upon a finding that not discharging the loan(s) would create an undue hardship

Panel transcript discussing student loan debt and consumer debt, undue hardship, Brunner, and the totality of the circumstances test