A Study on Anti-Disability-Discrimination Law: U.S. and Japan
Project/Area Number |
23830022
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Research Category |
Grant-in-Aid for Research Activity Start-up
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Allocation Type | Single-year Grants |
Research Field |
Social law
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Research Institution | Hitotsubashi University |
Principal Investigator |
AIZAWA Michiko 一橋大学, 大学院・法学研究科, 准教授 (50334264)
|
Project Period (FY) |
2011 – 2012
|
Project Status |
Completed (Fiscal Year 2012)
|
Budget Amount *help |
¥2,080,000 (Direct Cost: ¥1,600,000、Indirect Cost: ¥480,000)
Fiscal Year 2012: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2011: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
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Keywords | 障害者 / 差別禁止法 / 間接差別 / 合理的便宜 |
Research Abstract |
Reasonable Accommodation,” as codified in the Americans with Disabilities Act (ADA) and “disparate impact (or indirect discrimination),” as codified in Title VII of the Civil Rights Act of 1964 differ in respect of whether cost is irrelevant or relevant to the prohibition of discrimination. In the U.S. recently, anti-discrimination law is declining. Caselaw has developed little, if any, under the ADA. Because an employee is prohibited from filing a claim regarding employment discrimination with a public entity including federal courts, and the filing of the claim will result in the dismissal of the employee for the breach of the mandatory pre-dispute resolution (mandatory arbitration) clause, employment discrimination is no longer being treated as a public legal problem
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Report
(3 results)
Research Products
(6 results)