Accommodation (law)
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]
Types of agreements
[edit]Employment contracts
[edit]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]
- Salary or wages
- Paid time off for vacations or illness leave
- Sick days
- Retirement options
Difference between antidiscrimination and accommodation
[edit]| 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]
- Antidiscrimination: The focus is on equal treatment.
- Accommodation: The focus is on special treatment based on need.
Accommodation Doctrine
[edit]
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]
- There is an existing use of the surface.
- The mineral owner’s use of the surface precludes or impairs the existing use of the surface.
- Under the established industry practices, there are alternatives available to recover the minerals.
Renewable energy and related project agreements
[edit]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]
References
[edit]- ^ "Legal Dictionary - Law.com". Law.com Legal Dictionary. Retrieved 9 November 2024.
- ^ a b "accommodation - Meaning in law and legal documents, Examples and FAQs | LegalBrief AI". www.legalbriefai.com. Retrieved 9 November 2024.
- ^ "What is an Accommodation Agreement? (Key Terms + Sample)". www.contractscounsel.com. Retrieved 9 November 2024.
- ^ Sherwin Rosen, Disability Accommodation and the Labor Market, in DISABILITY AND WORK i8, 21 (Carolyn L. Weaver ed., 1991).
- ^ Antidiscrimination and Accommodation (yale.edu)
- ^ Accommodation Doctrine Legal Meaning & Law Definition: Free Law Dictionary | Quimbee
- ^ "JD Supra: The Accommodation Doctrine Revisited: A Question of "Fairness to Both Parties"". JD Supra. Retrieved 9 November 2024.
- ^ "The Accommodation Doctrine: Balancing the Interests of the Surface Owner and the Mineral Owner". Houston Harbaugh. Retrieved 9 November 2024.
- ^ "Introduction to Accommodation Agreements in Renewable Projects When Minerals are Severed". insights.cincoland.com. Retrieved 9 November 2024.