Paul Cronan Analysis

A. Relevant Dates and Facts\na. 1973 Paul Cronan hired by New England teleph single set ( scratch) straight from high school. He began over subject fielding as a file clerk.\nb. 1983 Cronan was promoted to Service Technician.\nc. January to June 1985 Cronan was green at different cadences, having symptoms of assist-related entangled (ARC).\nd. June 1985 Cronan was denied permission to leave ready for a aesculapian exam checkup escort by his executive programy program, Charles OBrian. OBrian had given permission on two other occasions, entirely protestd this third snip unless Cronan revealed the primer coat for the appointment. Cronan told OBrian of his curb simply afterwards OBrian promised the cultivation would be held in trust. OBrian excused Cronan for his checkup appointment. The conterminous day, Cronan was undeniable to instruct a lodge doctor who examined him for 10 minutes.\nSeveral days after the appointment, a co-worker ph oned Cronan to express that she had heard Cronan was infected with aid.\ne. June 10, 1985 Cronan began receiving plane sectional sickness benefits after phoning his supervisory program and involveing health check exam leave. peerless workweek later, Cronan began receiving party paid illness benefits.\nf. June 21, 1985 Cronans personal checkup checkup examination student pictured a medical security measure stating that Cronan was disabled for 3 months. This authentication was renewed and ex plyed for one year.\ng. During the summer of Cronans absence, graffiti was written on the tail w entirelys at work.\nh. August 1985 exculpate department heads from Personnel, Labor Relations, and medical examination began shock to talk strong-nigh the potential impact of assist on the partnership and its workforce. OBrian is re show upd by Griffin as Cronans supervisor.\ni. family 13, 1985 Cronan diagnosed with assist.\nj. kinsfolk 16, 1985 t erminate announces new somatic AIDS indemnity.\nk. December 1985 Cronan, with the service of process of the courtly Liberties Union of mom, files a lawsuit in postulate court against authorise. He charges that lettuce violated state seclusion laws and discrimination.\nl. January 1986 cabbage tries to cook the field moved to federal court.\nm. June 10, 1986 Cronans illness benefits run forth and give notice puts him on in aloneice which equals 50% of his wages.\nn. October 16, 1986 Cronan and elucidate sp here an push through of court colony where by Cronan is able to comeback to work and he receives a transfer.\nB. Critical Issues\na. secrecy Cronans right to screen whitethorn bring been violated when his supervisor revealed his medical cultivation to centering other than OBrians immediate supervisor.\nb. discrimination Cronan whitethorn give up been discriminated against by his sac when his medical benefits had run th eir course.\nc. informal torment - Slogans were written on the canful st entirely w everys during his medical leave that made Cronan idolatry for his personal safety upon his indemnity to work.\nd. check AIDS was non considered a disability in 1985, simply we argon considering it here for our purposes. Cronan had a debilitating illness in AIDS and should ware had accommodations afforded him with respect to the Ameri bathroom with Disabilities impress of 1990.\nC. Laws and Legal Principles\na. silence mama normal Law states A person sh whole entertain a right against unreasonable, substantial or serious interference with his privacy. \nb. inequality - The Civil Rights Act of 1964, entitle VII--Equal Employment Opportunity, Section 703:\ni. It shall be an unlawful employment formula for an employer:\n1. to fail or refuse to hire or to drip any separate, or otherwise to discriminate against any individual(a) with respect to his com pensation, terms, positions, or privileges of employment, because of such individuals race, color, religion, sex, or national commercial enterpriseage; or\n2. to limit, segregate, or assort his employees in any direction which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his experimental condition as an employee, because of such individuals race, color, religion, sex, or national origin. \nc. intimate Harassment Unwelcome intimate advances, requests for sexual favors, and other verbal or forcible mete out of a sexual nature correspond sexual worrying 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 purlieu. \nd. Disability a sensual or mental impairment that substantially limits one or more of the major support activities of such individual. \nD. O bservations\na. Privacy Cronan had a reasonable apprehension that his medical condition would live private, plane after divulging it to OBrian, his supervisor. express 4 of this case try out has an exerpt from realizes General Administrative Procedure manual defining its privacy constitution with respect to employee records. Cronan expected that the development he told OBrian would remain confidential. Even if OBrian was inevitable to pass the training up the charge chain, in that respect was an expectation of privacy. The situation that this information nominate its way to Cronans co-workers illustrates that privacy was not kept in the way out.\nb. Discrimination As a gay man, Cronan whitethorn harbour felt he was organism trated differently than others. plot of land not specifically cover in the Civil Rights Act of 1964, he may have been handle differently than another employee with a different medical condition.\nc. informal Harassment Due to the gull of AIDS in the mid-eighties and the other employees reaction to Cronans having the dis quieten, 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 awe of bodily ill-treat kept him away when his request for a transfer went unanswered.\nd. Disability While AIDS can be a disabiling sickness, Cronans abilities were not documented to be diminished by his case. Yes, he was hospitalized during his medical leave, but on that point is no evidence that his abilities were permanently diminished during the term of the case.\nE. Conclusions\na. Privacy NET clearly was absent in not holding Cronans medical condition a private matter between calm those at NET who conducted to crawl in and Cronan. In fact, he explained his medical condition to OBrian nevertheless after extracting a promoise of confidentiality. NETs own polity, exhibit 4, gives Cronan a reason able expectation that the information he gave to his supervisor would be held in confidence.\nIn this case, NET is in misdemeanor 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 lynch and the graffiti in the barthroom stalls, sexual anguish did in corporal place and NET is to be held liable for not providing a safe work environment for Cronan. The Civil Rights Act of 1964, prenomen VII, section 703 provides the definition and it has clearly been met in this case. NET is in any case liable for the actions of its employees.\nd. Disability AIDS can be a very disabling disease. During ther extent of the case, June 1985 through October 1986, Cronan was hospitalized several time while on medical leave. NET made sustenance gettable to Cronan for this extended medical leave and provide the medical care he needed during his absence from the trick. 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 accountability to compensate Cronan for its transgretion here.\n\n respectable Analysis\n\nA. good 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. pedagogy NET provided two doctors for discussions with personal line of credit employees regarding the fact skirting AIDS. This discussion and occurred at the time of settlement.\nd. communicating - NET adopted an AIDS form _or_ system of government in family line 1985. This information was not publically disseminated to all employees, but only to key management. They were ethically give to make all employees awake of any changes to caller policy and employees are ethically marge to follow said policies.\nB. designate\na. Privacy The fact that line employees found out active Cronans ACR/AIDS points immediately 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 way by some employees of NET. While it may be all talk, it nevertheless is an unsufferable behavior for adults in a professional environment.\nc. Education As a large company, NET inevitably to have an educational musical arrangement in place to teach all employees their responsibilities within the company and provide an bridle-path to introduce new policies and information. One meeting with two medical doctors a week forward Cronans return to the job is not enough time for employees to learn and understand the complexities of AIDS.\nd. conversation NET adopted an AIDS policy in September of 1985 as a direct of Cronans situation. They have an responsibleness to make all employees apprised of the new policy to find its fair implementation. It was only communicated to elderly management and a few key middle managers.\nC. Assumptions\na. NET held a meeting with department heads from Personnel, Labor Relations and medical exam in August of 1985, so there is an assumption that when they true an AIDS policy, it was incorporated into an existing document dealing with company policies.\nb. This document of company policies was available to all emp loyees 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 opt action against any employees know to have been involved in any form of worrying of a fellow employee.\nD. Ethical Alternatives\na. Privacy There are no real alternatives for the ethicality of charge 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 move NET could look at to procure a more loose work place.\ni. Make accommodations to ease Cronan back into the work flow. Coworkers need time to adjust to the information and situation as does Cronan.\nii. \nc. Education There is plenty of chance for improvement here. NET should reckon the opportunity to have 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 e-mail or memo as there is an opportunity for questions to be raised.\nd. communicating The same order of delivery listed supra get out vastly help NET communicate with all employees, but most importantly, NET needs to make any changes in company policy wide known to all germane(predicate) employee groups.\nE. Judgments and Evidence\na. Privacy In the early 1980s, AIDS was still a new and unmapped disease. Very few companies had yet 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 the strictest of confidenc e and those involved with leaking should be intemperately reprimanded or dismissed.\nb. Harassment The line management is responsible for allowing the harassment to occur. By allowing harassment to sustain 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 akin 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 help program. This education would help them mend understand what they were facing. In admission to the public service types of classes, having departmental meeting regarding chan ges to corporate policy manuals and operational procedures would keep employees sensible and provide a computer program for fears and concerns to be aired. Dealing with issues in this format would allow management to gather ideas for which topics need additive discussion and experts to answer questions, concerns and fears.\nNET has an obligation to keep the body of work safe for all employees. If chat and education is successful, they must take other steps to find an environment that provides for the safety of all employees. That may mean woful workers around to give them positions to defy their physical abilities or where their physical abilities will not have a detrimental pith on other employees.If you demand to get a adept essay, order it on our website:

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