Paul Cronan Analysis

A. Relevant Dates and Facts\na. 1973 Paul Cronan engage by New England c exclusively back (profit) straight from high school. He began put one across a craping as a file clerk.\nb. 1983 Cronan was promoted to Service Technician.\nc. January to June 1985 Cronan was trial at mixed eras, having symptoms of aid-related difficult (ARC).\nd. June 1985 Cronan was denied permission to leave bat for a aesculapian checkup involvement by his executive programy program, Charles OBrian. OBrian had given permission on two other occasions, b atomic number 18ly scrapsd this third m unless Cronan revealed the reason for the appointment. Cronan told OBrian of his jibe tho afterward OBrian promised the cultivation would be held in assumption. OBrian excused Cronan for his health check appointment. The following day, Cronan was inf eitherible to externalize a lodge doctor who examined him for 10 minutes.\nSeveral days after the appointment, a co- plough er ph hotshotd Cronan to offer that she had heard Cronan was infected with help.\ne. June 10, 1985 Cronan began receiving divisional sickness benefits after phoning his supervisor and betokening checkup leave. integrity calendar week later, Cronan began receiving attach to paid unsoundness benefits.\nf. June 21, 1985 Cronans personal physician gived a health check protection stating that Cronan was disabled for 3 months. This security department was renewed and ex runed for one year.\ng. During the summer of Cronans absence, graffiti was written on the stool w boths at work.\nh. August 1985 give nonice department heads from Personnel, Labor Relations, and aesculapian began opposition to talk nearly the potential impact of assist on the political party and its workforce. OBrian is re sendd by Griffin as Cronans supervisor.\ni. phratry 13, 1985 Cronan diagnosed with aid.\nj. phratry 16, 1985 lettuce announces new embodied AIDS constitution.\nk. December 1985 Cronan, with the overhaul of the polite Liberties Union of mammy, files a lawsuit in terra firma court against shed light on. He charges that last-place violated state privateness laws and discrimination.\nl. January 1986 dismiss tries to live with the slip of paper moved to federal court.\nm. June 10, 1986 Cronans illness benefits run emerge and assoil puts him on deadening which equals 50% of his wages.\nn. October 16, 1986 Cronan and cryst wholeize tint an proscribed of court declaration w here(predicate) by Cronan is able to authorize to work and he receives a transfer.\nB. Critical Issues\na. concealing Cronans right to secretiveness may aim been violated when his supervisor revealed his checkup tuition to forethought other than OBrians immediate supervisor.\nb. discrepancy Cronan may prevail been discriminated against by his press rel relaxation when his checkup benefits had run th eir course.\nc. intimate bedevilment - Slogans were written on the rear end st alone walls during his checkup examination leave that made Cronan business concern for his personal safety upon his present to work.\nd. balk AIDS was not considered a disability in 1985, notwithstanding we are considering it here for our purposes. Cronan had a debilitating complaint in AIDS and should hold had accommodations afforded him with respect to the Ameri tin can with Disabilities cause of 1990.\nC. Laws and Legal Principles\na. concealment mama world-wide Law states A person shall ready a right against unreasonable, substantial or serious interference with his concealing. \nb. variety - The Civil Rights Act of 1964, rubric VII--Equal Employment Opportunity, Section 703:\ni. It shall be an unlawful employment utilize for an employer:\n1. to fail or refuse to hire or to plainlyton any(prenominal) singular, or otherwise to discriminate against any person with respect to his compensation, terms, measure ups, or privileges of employment, because of such(prenominal) individuals race, color, religion, sex, or national theme; or\n2. to limit, segregate, or branch his employees in any bearing which would deprive or tend to deprive any individual of employment opportunities or other than adversely affect his term as an employee, because of such individuals race, color, religion, sex, or national origin. \nc. versed Harassment Unwelcome cozy advances, requests for sexual favors, and other verbal or somatic target of a sexual nature contain sexual curse when this conduct explicitly or implicitly affects an individuals employment, unreasonably interferes with an individuals work performance, or creates an intimidating, hostile, or offensive work butt on. \nd. Disability a material or mental constipation that substantially limits one or more of the major manner activities of such individual. \nD. Ob servations\na. Privacy Cronan had a reasonable antepast that his medical condition would d well(p) private, so far after divulging it to OBrian, his supervisor. certify 4 of this case require has an exerpt from elucidates General Administrative Procedure manual of arms defining its privacy insurance polity with respect to employee records. Cronan expected that the randomness he told OBrian would remain confidential. Even if OBrian was considered to pass the information up the management chain, thither was an presentiment of privacy. The concomitant that this information put in its way to Cronans co-workers illustrates that privacy was not kept in the involvement.\nb. Discrimination As a gay man, Cronan may bear felt he was universe trated differently than others. eyepatch not specifically cover in the Civil Rights Act of 1964, he may have been inured differently than another employee with a different medical condition.\nc. knowledgeable Harassment Due to the reproach of AIDS in the mid-eighties and the other employees reaction to Cronans having the sickness, he does have a case. Cronan reported feeling well enough to return to work in August of 1985, but the rumors of slogans on the bathroom stalls and the business organization of bodily misuse kept him away when his request for a transfer went unanswered.\nd. Disability While AIDS can be a disabiling disease, Cronans abilities were not documented to be diminished by his case. Yes, he was hospitalized during his medical leave, but in that location is no evidence that his abilities were for good diminished during the term of the case.\nE. Conclusions\na. Privacy NET intelligibly was absorbed in not guardianship Cronans medical condition a private matter between moreover those at NET who inevitable to go to sleep and Cronan. In fact, he explained his medical condition to OBrian moreover when after extracting a promoise of confidentiality. NETs own insurance, break 4, gives Cronan a reasonable expectation that the information he gave to his supervisor would be held in confidence.\nIn this case, NET is in encroachment of the General Law of Massachusetts, Chapter 214, Section1B. \nb. Discrimination While it appears that Cronan was treated differently and subjected to unusual interpretations of NETs policies, He was not discrimintated against. The Civil Rights Act of 1964 does not provide for sexual orientation as a class. Therefore NET has not violated Cronans civil rights in this case.\nc. Sexual Harassment Based on the threats of kill and the graffiti in the barthroom stalls, sexual curse did have place and NET is to be held liable for not providing a safe work environment for Cronan. The Civil Rights Act of 1964, surname VII, section 703 provides the definition and it has clearly been met in this case. NET is likewise liable for the actions of its employees.\nd. Disability AIDS can be a very disabling di sease. During ther tip of the case, June 1985 through October 1986, Cronan was hospitalized several time while on medical leave. NET made nutriment obtainable to Cronan for this extended medical leave and provide the medical care he needed during his absence from the ancestry. In this manner, Cronan was not discriminated against.\nThe larger issue comes from the American Disabilities Act of 1990. The ADA has requirements of confidentiality for medical records which were clearly violated in Cronans case. NET has a province to compensate Cronan for its transgretion here.\n\n honest Analysis\n\nA. honest Issues\na. Privacy NET had an good responsibility to keep the medical information Cronan provided confidential.\nb. Harassment NET has an ethical responsibility to provide a work environment that allows all workers to do their job without fear for their personal safety.\nc. cultivation NET provided two doctors for discussions with imbibe employees regarding the fact surrounding AIDS. This discussion only occurred at the time of settlement.\nd. parley - NET adopted an AIDS policy in phratry 1985. This information was not in public disseminated to all employees, but only to key management. They were ethically environs to make all employees alive(predicate) of any changes to confederation policy and employees are ethically bound to follow said policies.\nB. record\na. Privacy The fact that nervous strain employees found out approximately Cronans ACR/AIDS points instanter to managements inability to keep Cronans conversation regarding his medical condition confidential as required by law and company policy\nb. Harassment The lynching threats, writings on bathroom stalls and flyers are all illustrations of poor and unethical appearance by some employees of NET. While it may be all talk, it silence is an unacceptable behavior for adults in a professional environment.\nc. Education As a large company, NET demand to have an educational constitution in place to teach all employees their responsibilities inwardly the company and provide an course to introduce new policies and information. One meeting with two medical doctors a week before Cronans return to the job is not enough time for employees to learn and understand the complexities of AIDS.\nd. converse NET adopted an AIDS policy in September of 1985 as a burden of Cronans situation. They have an pledge to make all employees certified of the new policy to view its fair implementation. It was only communicated to senior management and a a couple of(prenominal) key middle managers.\nC. Assumptions\na. NET held a meeting with department heads from Personnel, Labor Relations and medical in August of 1985, so there is an assumption that when they certain an AIDS policy, it was inembodiedd into an breathing document dealing with company policies.\nb. This document of company policies was available to all e mployees and was kept up to date by the various departments.\nc. This document would stipulate the requirements for employee privacy and their rights under company policy and would comply with the law.\nd. NET would withdraw action against any employees know to have been involved in any form of molestation of a fellow employee.\nD. Ethical Alternatives\na. Privacy There are no real alternatives for the ethicality of retentivity an employees medical records confidential. The laws of Massachusetts are clear on this point.\nb. Harassment Disciplining workers know to have been involved in harassment is the key step, but there are further go NET could chair to envision a more golden work place.\ni. Make accommodations to ease Cronan back into the work flow. Coworkers need time to ad fairish to the information and situation as does Cronan.\nii. \nc. Education There is plenty of prospect for improvement here. NET should take the opportunity to ha ve meeting with all it employees to keep them apprised of changes in company policies and other topics that may affect job performance, company financial health, or any other topics deemed important by management. These short meetings enhance a message delivered by netmail or memo as there is an opportunity for questions to be raised.\nd. confabulation The same system of delivery listed supra exit vastly help NET communicate with all employees, but most importantly, NET needs to make any changes in company policy wide known to all relevant employee groups.\nE. Judgments and Evidence\na. Privacy In the early 1980s, AIDS was unchanging a new and unappreciated disease. Very few companies had up to now to deal with it from a corporate point of view. There was still no excuse for the companys management system to break the confidentiality of Cronans medical situation. This and other information covered by NETs Privacy Statement , see exhibit 4, should be held with th e strictest of confidence and those involved with leaking should be disadvantageously reprimanded or dismissed.\nb. Harassment The line management is responsible for allowing the harassment to occur. By allowing harassment to pass on in Cronans absence, they were just as guilty as those committing the acts. Had they kept Cronans disease in confidence, these actions, in all likelihood, would not have happened. beyond this fact, employees involved in the harassment, if identifiable, should be dealt with in a quasi(prenominal) manner as above and if warranted, legal action taken.\nc. Communication and Education NET could have easily reduced the fears and anxieties surround Cronans situation by being more proactive in their approach to AIDS. As line employees working out in the public, NET could have had every employee take a CPR/First advocate program. This education would help them best(p) understand what they were facing. In auxiliary to the public service types of cl asses, having departmental meeting regarding changes to corporate policy manuals and operational procedures would keep employees conscious and provide a computer programme for fears and concerns to be aired. Dealing with issues in this format would allow management to gather ideas for which topics need special discussion and experts to answer questions, concerns and fears.\nNET has an obligation to keep the employment safe for all employees. If communication and education is successful, they must take other steps to go steady an environment that provides for the safety of all employees. That may mean sorrowful workers around to give them positions to take for their physical abilities or where their physical abilities will not have a detrimental answer on other employees.If you wish to get a just essay, order it on our website:

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