Author Question: Three parties are involved in a draft. Indicate whether the statement is true or ... (Read 107 times)

ishan · **on:** Jun 24, 2018

Three parties are involved in a draft.
Indicate whether the statement is true or false

Question 2

Explain the special circumstances exception. Who has the burden of proof to show special circumstances?

flannelavenger · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

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Answer to Question 2

An employee who has requested an accommodation that conflicts with a seniority system must bear the burden of showing the special circumstances that make exception from the seniority system reasonable in his or her case. Thus, future litigation on this issue will result in plaintiff's attorney pursuing discovery from employers on how the seniority system works as well as information on any past instances of exceptions, so that the plaintiff can try to fix within an exception or provide a reasonable basis for an additional exception. Anticipating these circumstances, employers will have to make sure their seniority systems are consistently and uniformly followed.