Hermann is a hair products distributor who works out of his second- story walk- up apartment. His business has expanded (making a profit of $136 000 last year) . He decided to hire someone to answer the phones on Tuesday and Thursday afternoon while he does deliveries. After interviewing Waldzell, he offers her the position. After one week on the job, Waldzell returns from a ski- weekend with a badly broken hip and foot. It turns out she will need reconstructive surgery and, though mobile, she will be in a body cast for almost a year. She will be able to get around by wheelchair. Unfortunately, the elevator in Hermann's building has been broken for over a year. Herman inquires into the cost of repair and finds out that it will be more than a million dollars. After an inquiry to his telephone provider, Hermann finds out that he is able to forward his calls and offers Waldzell to keep the job and work from home. She becomes indignant and claims a right to the same working conditions as before her accident. Seeking accommodation, she decides to bring a human rights complaint. Which of the following is true?
A) Although Hermann cannot be compelled to fix the elevator, the owner of the walk- up most certainly will.
B) Waldzell will win because in this case it is possible for the employer to make adaptations to the workplace by fixing the elevator.
C) Hermann will claim undue hardship and will likely succeed.
D) Hermann could be forced to close his business if he doesn't comply.
E) Waldzell will not be able to compel Hermann to fix the elevator but she will get compensatory damages in lieu thereof.
Correct Answer:
Verified
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