Kevin,a junior architect at a large commercial firm,has contracted an aggressive case of cancer.He has had surgery and is currently undergoing chemotherapy,but his outlook for long term survival is poor.Kevin has used all his sick leave and is taking his FMLA leave in one-day increments on Fridays for his chemotherapy.Kevin has lost his hair and looks frail,but he has made all his deadlines with quality work.The senior architect with whom Kevin works has told you,the HR director,that "I can't stand to look at him." The senior architect,a partner in the firm,wants you to remove Kevin from his projects and hire another junior architect in Kevin's place.You have explained that this is not feasible."Then,terminate Kevin and give him a big severance." As the HR director you know
A) since the architecture firm has 21 employees, Kevin is protected under the ADA.
B) except for AIDS and HIV, life-threatening illnesses are not considered a disability under the ADA.
C) you need to sit down with Kevin and work out a voluntary resignation. His FMLA leave will expire soon. COBRA will extend his health benefits for 18 months, which he is not likely to outlive.
D) as an owner of the firm, the senior architect has the final say on whether accommodation for Kevin is reasonable or unreasonable.
Correct Answer:
Verified
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