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> Do you know what "readily achievable" means legally? It's quite clearly defined in statute (and includes cost): > The term "readily achievable" means easil
by stordoff 7y ago
> Do you know what "readily achievable" means legally?
It's quite clearly defined in statute (and includes cost):
> The term "readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include—
> (A) the nature and cost of the action needed under this chapter;
> (B) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility;
> (C)the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and
> (D) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity.
https://www.law.cornell.edu/uscode/text/42/12181 https://www.law.cornell.edu/uscode/text/42/12181
- kbenson 7y agoThanks for the clarification. I'm left confused about why this is happening then. It seems well designed to not allow for the situation we see described here, yet this situation is happening and similar situations are referenced. That leads me to believe one or more of: a) the case cited here has more extenuating circumstances that are not being reported, which I see as likely as articles have a point of view to express and I'm willing to believe the author may leave out information they deem not contributing to that point (whether through malice or incompetence) b) there are additional laws at the state or local level which are less lenient c) there are other parts of this law or other Federal laws which interact in a way limiting or making ambiguous portions of this law d) there is specific case law that severely limits how these escape valves are used in practice I have no idea how any of these apply, if any do, but it's odd that there are specific allowances for businesses to no be forced to shut down, yet, we have examples of exactly that.