2012 Fiscal Year Final Research Report

A Study on Anti-Disability-Discrimination Law: U.S. and Japan

Research Project

Project/Area Number	23830022
Research Category	Grant-in-Aid for Research Activity Start-up
Allocation Type	Single-year Grants
Research Field	Social law
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
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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