Hermann is a hair products distributor who works out of his second-storey 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?

Question

Quizplus · Accepted Answer

Hermann may argue that fixing the elevator would cause him undue hardship, since the cost of repair exceeds a million dollars. Undue hardship is a legal defense that an employer can use in cases where accommodating an employee's disability would cause excessive financial or operational difficulty. As an alternative, Hermann has offered to let Waldzell work from home, which would enable her to perform the essential duties of her job. However, Waldzell has refused this alternative and argues that she has a right to the same working conditions as before her accident. Ultimately, it will be up to a human rights tribunal or court to determine whether Hermann has met his duty to accommodate, or whether Waldzell is entitled to some form of compensation or other remedy.

Hermann Is a Hair Products Distributor Who Works Out of His