Sentences with phrase «constitute undue»

Planned Parenthood of Southeastern Pennsylvania v. Casey reaffirms the right to abortion but outlines a weaker standard of review, allowing restrictions unless they constitute an undue burden to the woman.

Ultimately, the tribunal found that it would constitute an undue hardship on the employer to have to accommodate the employee in Afghanistan.

As Justice Hughes astutely observed, «-LSB-...] intervention into the law - making process would constitute undue judicial interference on Parliament's law - making function, thus compromising the sovereignty of Parliament» (Reasons for Judgment at para. 71).

High probability of substantial harm to anyone will constitute an undue hardship.

On the other hand, being required to hire additional employees to provide an accommodation to another employee could constitute an undue burden.

Where a person can no longer remain in their pre-disability job, the employer has a duty to consider temporary or permanent alternative work if such accommodation would not constitute undue hardship.

The broadest accommodation is that the employee is excused from the party, so one would have to demonstrate that this would constitute an undue hardship.

It is now more important than ever to ensure that reinstatement would constitute undue hardship before ending the employment relationship.

The Plaintiff asserts that her debt for educational loans incurred prior to the 24th of October, 2011 should be discharged because repayment would constitute an undue hardship within the meaning of 11 U.S.C. § 523 (a)(8).»

Judge Pappas noted that Brunner was decided in 1987, at a time when the bankruptcy code allowed discharge of student loan debts on either of two grounds: first, if the student loans had been in repayment status for five years or more on the date the bankruptcy was filed, or second, if repayment of the student loans would constitute an undue hardship on the debtor.

Failure to process a request that can be processed in fewer than 25 business days may constitute an undue delay, in violation of the Rehabilitation Act of 1973, as amended, and potential grounds for an EEO complaint.

There's no hard and fast rule for what constitutes undue hardship, but there are a few general guidelines:

A court may make an exception if the payment would cause a significant undue financial hardship; however, most courts are reluctant to do this, and the definition of what constitutes an undue hardship can vary from court to court.

That ruling said that a law that constitutes an undue burden on abortion rights is unconstitutional — but today's decision finally more clearly defines what an undue burden means under the law.

Each court can have its own variations as to what constitutes undue hardship.

But before we identify what constitutes Undue Hardship (according to the US Bankruptcy code), let me complete the descriptions of the different bankruptcy chapters so you can learn what they are and be able to choose which chapter to file so you can get a «fresh start» and perhaps, get out from under that student loan that is growing faster than weeds on a hot summer day.

After April 17, 1985, a Tribunal may require an employer to adapt its premises or facilities in order to meet the needs of persons with the complainant's disability, provided the adaptation will not occasion costs or business inconvenience constituting undue hardship.

The respondents filed a Part V application with the Agency, claiming that the carriers» practice of charging multiple fares to persons with disabilities constituted an undue obstacle to their mobility.

The Court found that an organization in this situation has standing — and potentially a duty — to challenge the order if it constitutes an undue interference with the privacy interests of the third parties.

The Court never answered the question of whether the additional leave request constituted an undue hardship because once it found that employees who are unable to perform their duties for extended periods of time are «not qualified» as defined by the ADA, the inquiry stops.

What constitutes undue hardship varies based on the circumstances surrounding each individual case.

They are justifiable only if it can be shown that the cost to the transit service provider (for the entire budget of the service provider - not a particular program) constitutes an undue hardship.

In a July 2016 decision, Providence Health Care v. Dunkley, 2016 BCSC 1383, the British Columbia Supreme Court held that Providence Health Care (PHC) and the University of British Columbia (UBC) failed to establish that the costs of providing interpreter services for a deaf medical resident constituted undue hardship.

Not exact matches

Debtors must show that their student loans constitute an «undue hardship,» and the courts have traditionally defined undue hardship quite harshly.

I assert that the present practice of marketing of vaccinations for companion animals constitutes fraud by misrepresentation, fraud by silence, theft by deception, and undue influence by all Veterinarians engaged in companion animal practice in this state.

However, undue focus on on unverified worst case scenarios as a strategy for building political will for a particular policy option constitutes undesirable alarmism.

Whether accommodating an individual would constitute «undue hardship» is complex analysis, one component of which is whether the discriminating standard, in this case presumably that the potential employee not be a smoker, is a bona fides operational requirement.

The current version of s. 163.1 (6) states: «No person shall be convicted of an offence under this section if the act that is alleged to constitute the offence (a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and (b) does not pose an undue risk of harm to persons under the age of eighteen years.»

Generally, no person shall be convicted of an offence under section 163.1 of the Criminal Code if the act that is alleged to constitute the offence has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and does not pose an undue risk of harm to persons under the age of eighteen years.

The agency argued that any fixed period of post-FMLA leave can constitute a reasonable accommodation the ADA, and that employers have the burden of demonstrating this additional leave poses an undue hardship.

CCD has asked the Canadian Transportation Agency (CTA) to issue an interim relief order pursuant to sections 27 (1) and 28 (2) of the Canada Transportation Act S.C. 1996 c. C. 10 (the «Act»), in relation to its s. 172 complaint that the Nightstock rolling stock VIA has purchased constitute an «undue obstacle to the mobility of persons with disabilities» in Canada.

Fortunately, the ONCA goes on to reference another, more sound, reason why the appellant should not be required to pay the retroactive sum, noting that it would constitute a hardship for her (a likely reference to the undue hardship exception in s. 10 of the Child Support Guidelines).

In determining what constitutes «undue hardship», employers are expected to endure a certain degree of difficulty and the hardship has to be real and quantifiable.

Breyer wrote that «the surgical - center requirement, like the admitting privileges requirement, provides few, if any, health benefits for women, poses a substantial obstacle to women seeking abortions and constitutes an «undue burden» on their constitutional right to do so.»

On Wednesday, the Education Department announced it is looking to clarify what constitutes «undue hardship» to give student loan debtors a better chance at having their loans expunged, and opportunities for more borrowers to apply for bankruptcy if needed.

7 DOS 00 DOS v. Flagship Marketing Group - availing of license; failure to cooperate with DOS investigation; jurisdiction; proper business practices; ex parte hearing may proceed upon proof of proper service; DOS retains jurisdiction over party not licensed at the time of the hearing where, at that time the complaint was served, the party was (i) licensed, (ii) an applicant for a license or renewal, or (iii) was eligible to automatically renew; salesperson is prohibited both from owning, directly or indirectly, singly or jointly, any shares of voting stock in and from being an officer of any licensed real estate brokerage corporation with which the salesperson is associated; representative real estate broker availed the corporate broker license to an associated salesperson where the office was operated by the salesperson without the direct supervision of the representative broker and the salesperson conducted business as a broker for his own benefit; representative real estate broker engaged in fraud by availing the corporate real estate broker license to a salesperson; representative broker's availing of corporate broker's license for which the corporate broker is vicariously liable; failure to provide business records constitutes failure to cooperate with DOS investigation; DOS fails to establish fraud, ignorance or negligence is not sufficient to prove mistake; pressure, regardless of how severe, is not undue influence; restitution denied where funds sought were received by an entity not named or charged in the complaint; corporate broker fined $ 3,000.00, representative broker's license revoked and fined $ 3,000.00 and salesperson fined $ 5,000.00