Obligation to Make Accommodations in Accordance with Section 2a of the Danish Discrimination Act with Focus on "Undue Hardship"

Cinar Secilmis

Student thesis: Master thesis

Abstract

Section 2a of the Danish Discrimination Act is designed so that an employer has a duty to provide reasonable accommodation to employees with disabilities, except when such accommodation would cause an undue hardship. The purpose of this dissertation is to investigate the law and economics of Section 2a, with focus on “undue hardship”. Chapter 2 seeks to clarify how “undue hardship” should be interpreted according to applicable legislation, including case law, whereafter some interpretation inputs are derived from it. Chapter 3 seeks to investigate how the obligation to make reasonable accommodation can be viewed as a cost-benefit analysis. For this, the costs and benefits associated with the obligation are derived from studies. Then the complications that may be associated with such an approach are highlighted. By comparing chapter 2 with chapter 3, chapter 4 states that courts do not include benefits in their judgments. Using game theory, chapter 4 concludes that the courts can create Pareto improvement if they in addition to costs, also include benefits in their judgments.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2019
Number of pages62
SupervisorsHenrik Lando