Column 25
In this column:
- Can 80-Year-Old Mother Break Her Lease?
- Must Full-Time Employees Get Paid Breaks?
- College Student Seeks Disability Accommodation
Can 80-Year-Old Mother Break Her Lease?
My 80-year-old mother just re-signed an apartment lease that runs for 12 months, then learned that she may be laid off from her full-time job. If this happens, she will have to move to Texas to live with another daughter. I have called the apartment complex and they told me her only option would be to sublet her apartment, and suggested she run an ad and screen all applicants. I explained that my mother is 80 and asked if they would put her on a month-to-month lease instead. They refused. My question is, if she does get laid off, does she have a legal right to cancel her lease, knowing that she will have to move to another state?
The Commissioner says:
If her landlord were treating your mother differently because of her age, we'd be the place to contact, but there appears to be no age discrimination here. Your mother's obligations and options likely depend on exactly what it says in her lease; we know of no general provision in state law that allows a tenant to break a lease, or requires a landlord to amend a lease, because of a tenant's sudden economic hardship. As a practical matter, some landlords may choose to make an accommodation of some sort, rather than pursue an 80-year-old woman halfway across the country. But your landlord may have no obligation to do so. We suggest you review the lease carefully. There could be some language in the lease that affects your mother's and your landlord's rights and obligations. You may also want to contact a private attorney.
Must Full-Time Employees Get Paid Breaks?
Is an employer required by law to give full-time employees any paid breaks?
The Commissioner says:
Minnesota law requires employers to provide restroom time and sufficient time to eat a meal. If the break is less than 20 minutes in duration, it must be counted as hours worked. Time to use the nearest restroom must be provided within each four consecutive hours of work. Meal time applies to employees who work eight or more consecutive hours. State laws covering breaks, overtime, leave, and related issues are enforced by the Minnesota Department of Labor and Industry. You can find more information on their web site at http://www.doli.state.mn.us/laborlaw.html.
College Student Seeks Disability Accommodation
I am a student at a state university. I have a degenerative disease in my spine, which makes it difficult to remain in the same position for more than 20 minutes. I have requested assistance from the college's disability office -- an office-type chair, which would allow me to move around and take the pressure off my spine. Yesterday I was told that they have a table, but there is no funding for an office chair. Is this an acceptable answer, considering all the chairs floating around different campus buildings, and high tuition costs?
The Commissioner says:
Whether your college has an obligation to provide you with an appropriate chair as a reasonable accommodation for a disability depends upon the facts in this individual case. There are several issues here. First, to be entitled an accommodation, you would need to be able to show that your medical condition indeed rises to the level of a disability, or that you are regarded as disabled. The state Human Rights Act defines a disability as a physical or mental condition that "materially" interferes with a major life activity -- not every medical condition meets that test. If you do have a disability, you would be entitled to an accommodation, as long as the accommodation did not result in an "undue hardship" for the college. It's also worth noting that a person requesting an accommodation would not necessarily be entitled to the one he or she might prefer or consider ideal -- only to one that is effective. If you would like to pursue this further, please contact our intake unit at 651-296-5663 or 1-800-657-3704.
The answers in these columns are not intended as legal advice. The Department of Human Rights does not make a judgment on any case without carefully examining all the facts.
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