Accommodation has its original meaning of a legal obligation entered into as a gratuitous favor without consideration, such as a signature guaranteeing payment of a debt. This is sometimes called an accommodation endorsement. [1] Its meaning has expanded to encompass a broader range of supportive actions, especially in terms of contracts and agreements. [2]
In the context of employment contracts, especially in terms of the Americans with Disabilities Act (ADA), accommodation refers to employers providing reasonable accommodations for employees with disabilities or related issues. [2]
Accommodations in an employment contract can cover the following: [3]
Law | Type |
---|---|
Civil Rights Act of 1964 | Antidiscrimination |
Americans with Disabilities Act of 1990 (ADA) | Accommodation |
Family and Medical Leave Act of 1993 (FMLA) | Accommodation |
Based on legislation in the U.S., the following is how the terms are differentiated: [4] [5]
The Accommodation Doctrine provides that the owner of a mineral estate has specific rights, but must exercise these rights in so as not to unnecessarily interfere with the rights of the surface owner. [6] The first example of this legal theory is found in the 1971 Texas Supreme Court case involving Getty Oil, Getty Oil v. Jones. [7] In this case, the height of the Getty Oil oil pumps or pumpjacks interfered with the irrigation system for the farm owned by Jones. The court ruled that Getty Oil had to accommodate to the surface rights of the farmer based on that: [8]
Due to the vast amounts of land renewable energy projects like wind farms and solar power facilities may use, accommodation agreements (non-interference agreements) can be used as legally binding contracts that define the terms and conditions under which the access is granted to their property for the development and operation of such a project. [9]
The Americans with Disabilities Act of 1990 or ADA is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal, and later sexual orientation and gender identity. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.
Accessibility is the design of products, devices, services, vehicles, or environments so as to be usable by people with disabilities. The concept of accessible design and practice of accessible developments ensures both "direct access" and "indirect access" meaning compatibility with a person's assistive technology.
The first-sale doctrine is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works. In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder puts the products on the market. In the case of patented products, the doctrine allows resale of patented products without any control from the patent holder. The first sale doctrine does not apply to patented processes, which are instead governed by the patent exhaustion doctrine.
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage.
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.
Unconscionability is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an unconscionable contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, because the consideration offered is lacking, or is so obviously inadequate, that to enforce the contract would be unfair to the party seeking to escape the contract.
Accommodation may refer to:
Mineral rights are property rights to exploit an area for the minerals it harbors. Mineral rights can be separate from property ownership. Mineral rights can refer to sedentary minerals that do not move below the Earth's surface or fluid minerals such as oil or natural gas. There are three major types of mineral property: unified estate, severed or split estate, and fractional ownership of minerals.
National Federation of the Blind v. Target Corporation, 452 F. Supp. 2d 946, was a class action lawsuit in the United States that was filed on February 7, 2006, in the Superior Court of California for the County of Alameda, and subsequently moved to federal court. The case challenged whether the Americans with Disabilities Act of 1990, specifically Title III's provisions prohibiting discrimination by "places of public accommodation", apply to websites and/or the Internet, or are restricted to physical places.
A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, or employment-related, and law often mandates them. Each country has its own system of reasonable accommodations. The United Nations use this term in the Convention on the Rights of Persons with Disabilities, saying refusal to make accommodation results in discrimination. It defines a "reasonable accommodation" as:
... necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;
Oil and gas law in the United States is the branch of law that pertains to the acquisition and ownership rights in oil and gas both under the soil before discovery and after its capture, and adjudication regarding those rights.
Energy laws govern the use and taxation of energy, both renewable and non-renewable. These laws are the primary authorities related to energy. In contrast, energy policy refers to the policy and politics of energy.
Affreightment is a legal term relating to shipping.
Street v Mountford[1985] UKHL 4 is an English land law case from the House of Lords. It set out principles to determine whether someone who occupied a property had a tenancy, or only a licence. This mattered for the purpose of statutory tenant rights to a reasonable rent, and had a wider significance as a lease had "proprietary" status and would bind third parties.
Water law in the United States refers to the Water resources law laws regulating water as a resource in the United States. Beyond issues common to all jurisdictions attempting to regulate water's uses, water law in the United States must contend with:
In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail stores, rental establishments, and service establishments as well as educational institutions, recreational facilities, and service centers.
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual rights with respect to property, and the control of proprietary management relationships between persons, as well as their rights and obligations. The protective clause for property rights in the Constitution of South Africa stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in private property have been on the rise.
The petroleum fiscal regime of a country is a set of laws, regulations and agreements which governs the economical benefits derived from petroleum exploration and production. The regime regulates transactions between the political entity and the legal entities involved. A commercial or legal entity in this context is commonly an oil company, and two or more companies may establish partnerships to share economic risks and investment capital.
In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law. Laws governing wrongful dismissal vary according to the terms of the employment contract, as well as under the laws and public policies of the jurisdiction.
As a legal document, the broad form deed severs a property into surface and mineral rights. This allows other individuals or organizations other than the land owners to purchase rights to resources below the surface. These parties also receive use of surface resources – such as wood or water – to facilitate gathering the resources below ground. Based on English legal theory but an American creation from the early 1900s, the broad form deed was used by land and coal companies in many states within the Appalachian Region.