What does unjustifiable hardship mean?
The D.D.A. does not define unjustifiable hardship. D.D.A. section 11 provides that, “in determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account”, including • the nature of the benefit or detriment likely to accrue or be suffered by any persons concerned • the effect of the disability of a person concernedthe financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship • in the case of the provision of services, or the making available of facilities – an action plan given to the Commission under section 64. As with other parts of the D.D.A., the term unjustifiable hardship is also required to be interpreted and applied having due regard to the scope and objects of the D.D.A., in particular the object of removing discrimination as far as possible.Decisions regarding unjustifiable hardship may include considering the following factors.
