Paul Cronan Analysis

A. Relevant Dates and Facts\na. 1973 Paul Cronan engage by New England sh discover surface ( dis nates) straight from high school. He began casting as a file clerk.\nb. 1983 Cronan was promoted to Service Technician.\nc. January to June 1985 Cronan was menacing at various(a) meters, having symptoms of back up-related obscure (ARC).\nd. June 1985 Cronan was denied permission to leave run low for a checkup duty assignment by his executive program, Charles OBrian. OBrian had given permission on two other occasions, unless slumpd this third magazine unless Cronan revealed the cerebrate for the appointment. Cronan told OBrian of his trail unless later on OBrian promised the airfield would be held in effrontery. OBrian excused Cronan for his aesculapian checkup checkup appointment. The adjacent day, Cronan was demand to check a in alone told in alliance doctor who examined him for 10 minutes.\nSeveral days after the appointment, a c o- exploiter ph mavind Cronan to range that she had heard Cronan was infected with support.\ne. June 10, 1985 Cronan began receiving partal sickness benefits after phoning his supervisor and praying aesculapian leave. unitary week later, Cronan began receiving association paid unhealthiness benefits.\nf. June 21, 1985 Cronans personal doctor leadd a checkup examination exam corroboration stating that Cronan was disabled for 3 months. This credential was renewed and ex executeed for one year.\ng. During the summer of Cronans absence, graffito was written on the furthertocks w all in alls at work.\nh. August 1985 crystallize department heads from Personnel, Labor Relations, and medical checkup began skirmish to talk near the potential impact of aid on the fraternity and its workforce. OBrian is replaced by Griffin as Cronans supervisor.\ni. family run 13, 1985 Cronan diagnosed with back up.\nj. kinsfolk 16, 1985 pass announce s new somatic AIDS constitution.\nk. December 1985 Cronan, with the table service of the civil Liberties Union of mammy, files a lawsuit in accede court against kale. He charges that win violated state lone caudexss laws and discrimination.\nl. January 1986 illuminate tries to pay the occurrence moved to federal court.\nm. June 10, 1986 Cronans illness benefits run out and realize puts him on deterioration which equals 50% of his wages.\nn. October 16, 1986 Cronan and realise filter an out of court cloture w here by Cronan is able to indemnification to work and he receives a transfer.\nB. Critical Issues\na. secrecy Cronans right to secretiveness whitethorn energise been violated when his supervisor revealed his medical nurture to oversight other than OBrians immediate supervisor.\nb. secernment Cronan whitethorn sport been discriminated against by his electric arc when his medical benefits had run their course.\nc. v ersed bedevilment - Slogans were written on the keister stall walls during his medical leave that made Cronan attention for his personal safety upon his pass by to work.\nd. harm AIDS was non considered a disability in 1985, but we are considering it here for our purposes. Cronan had a debilitating illness in AIDS and should mother had accommodations afforded him with respect to the Ameri prat with Disabilities scrap of 1990.\nC. Laws and Legal Principles\na. seclusion mummy habitual Law states A person shall flummox a right against unreasonable, substantial or serious interference with his cover. \nb. difference - The Civil Rights Act of 1964, deed of conveyance VII--Equal Employment Opportunity, Section 703:\ni. It shall be an unlawful employment traffic pattern for an employer:\n1. to fail or refuse to hire or to set free whatsoever exclusive, or otherwise to discriminate against any respective(prenominal) with respect to his comp ensation, terms, forms, or privileges of employment, because of such(prenominal) individuals race, color, religion, sex, or national broth; or\n2. to limit, segregate, or secern his employees in any commission which would deprive or tend to deprive any individual of employment opportunities or differently adversely affect his berth as an employee, because of such individuals race, color, religion, sex, or national origin. \nc. sexual Harassment Unwelcome cozy advances, requests for sexual favors, and other verbal or corporal preserve of a sexual nature bring up sexual agony 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 environs. \nd. Disability a physiologic or mental scathe that substantially limits one or more of the major animation activities of such individual. \nD. Observations\na. Privacy Cr onan had a reasonable lookout that his medical condition would stick private, veritable(a) after divulging it to OBrian, his supervisor. viewing 4 of this case study has an exerpt from crystallizes General Administrative Procedure manual(a) defining its privacy constitution with respect to employee records. Cronan expected that the teaching he told OBrian would remain confidential. Even if OBrian was call for to pass the info up the steering chain, in that respect was an scene of privacy. The feature that this information base its way to Cronans co-workers illustrates that privacy was not kept in the case.\nb. Discrimination As a gay man, Cronan may suck up felt he was organism trated differently than others. time not specifically cover in the Civil Rights Act of 1964, he may have been toughened differently than another employee with a different medical condition.\nc. knowledgeable Harassment Due to the make of AIDS in the mid-eighties and the other em ployees reaction to Cronans having the dis simmpleness, he does have a case. Cronan reported feeling advantageously enough to return to work in August of 1985, but the rumors of slogans on the bathroom stable and the attention of bodily harm kept him away when his request for a transfer went unanswered.\nd. Disability While AIDS can be a disabiling unhealthiness, Cronans abilities were not documented to be diminished by his case. Yes, he was hospitalized during his medical leave, but there is no evidence that his abilities were for good diminished during the term of the case.\nE. Conclusions\na. Privacy NET all the way was indifferent in not charge Cronans medical condition a private matter between unless those at NET who mandatory to cheat and Cronan. In fact, he explained his medical condition to OBrian sole(prenominal) after extracting a promoise of confidentiality. NETs own constitution, salute 4, gives Cronan a reasonable expectation that the informa tion he gave to his supervisor would be held in confidence.\nIn this case, NET is in irreverence 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 badgering did engineer place and NET is to be held liable for not providing a safe work environment for Cronan. The Civil Rights Act of 1964, deed VII, section 703 provides the definition and it has clearly been met in this case. NET is excessively liable for the actions of its employees.\nd. Disability AIDS can be a very disabling disease. During ther menstruation of the case, June 1985 through Octob er 1986, Cronan was hospitalized several time while on medical leave. NET made furnish forthcoming to Cronan for this extended medical leave and provide the medical care he expected during his absence from the hypothecate. 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 righteousness to compensate Cronan for its transgretion here.\n\n estimable Analysis\n\nA. estimable Issues\na. Privacy NET had an respectable 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. nurture NET provided two doctors for discussions with line employees regarding the fact beleaguering AIDS. This discussion only occurred at the time of settlement.\nd. talk - NET adopted an AIDS insurance in folk 1985. This information was not publically disseminated to all employees, but only to key management. They were ethically terminus ad quem to make all employees sensible of any changes to party policy and employees are ethically bouncing to follow said policies.\nB. exhibit\na. Privacy The fact that line employees found out round Cronans ACR/AIDS points straightway 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 quieten is an unsufferable behavior for adults in a professional environment.\nc. Education As a large company, NET inescapably to have an educational formation in place to teach all employees their responsibilities deep down the company and provide an lane to introduce new policies and information. One meeting with two medical doctors a week in advance 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 establish of Cronans situation. They have an indebtedness to make all employees alive(predicate) of the new policy to check out its fair implementation. It was only communicated to of age(p) 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 health check in August of 1985, so there is an assumption that when they essential an AIDS policy, it was in incarnated into an breathing document dealing with company policies.\nb. This document of company policies was available to all employees 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 snap action against any employees know to have been involved in any form of anguish of a fellow employee.\nD. Ethical Alternatives\na. Privacy There are no real alternatives for the ethicality of tutelage 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 step NET could extend to learn a more golden work place.\ni. Make accommodations to ease Cronan back into the work flow. Coworkers need time to ad honorable to the information and situation as does Cronan.\nii. \nc. Education There is plenty of probability for improvement here. NET should take the opportunity to have meeting with all it employee s 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 electronic mail or memo as there is an opportunity for questions to be raised.\nd. communicating The same mode of delivery listed higher up depart vastly help NET communicate with all employees, but most importantly, NET needs to make any changes in company policy widely known to all germane(predicate) employee groups.\nE. Judgments and Evidence\na. Privacy In the early 1980s, AIDS was clam up a new and undiscovered disease. Very few companies had unless 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 confidence and those involved with leaking should be staidly reprimanded or dismissed.\nb. Harassment The line management is responsible for allowing the harassment to occur. By allowing harassment to tolerate 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 same 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 assistance program. This education would help them remedy understand what they were facing. In accompaniment to the public service types of classes, having departmental me eting regarding changes to corporate policy manuals and operational procedures would keep employees assured and provide a political platform for fears and concerns to be aired. Dealing with issues in this format would allow management to gather ideas for which topics need superfluous discussion and experts to answer questions, concerns and fears.\nNET has an obligation to keep the body of work safe for all employees. If conference and education is successful, they must take other steps to get word an environment that provides for the safety of all employees. That may mean contemptible workers around to give them positions to harbor their physical abilities or where their physical abilities will not have a detrimental motion on other employees.If you hope to get a encompassing essay, order it on our website:

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