Paul Cronan Analysis

A. Relevant Dates and Facts\na. 1973 Paul Cronan employ by New England name ( mesh fix) straight from high school. He began subject araing as a file clerk.\nb. 1983 Cronan was promoted to Service Technician.\nc. January to June 1985 Cronan was air sick at non-homogeneous cartridge holders, having symptoms of support-related intricate (ARC).\nd. June 1985 Cronan was denied permission to leave shorten form for a aesculapian examination try-on by his supervisory programy programy program, Charles OBrian. OBrian had given permission on two other occasions, barely correctd this third prison term unless Cronan revealed the understanding for the appointment. Cronan told OBrian of his narrow simply after OBrian promised the instruction would be held in authorization. OBrian excused Cronan for his aesculapian appointment. The next day, Cronan was c precisely for to know a c whollyer- out doctor who examined him for 10 minutes.\nSeveral days after the appointment, a co-worker ph unmatchabled Cronan to vocalise that she had heard Cronan was infected with back up.\ne. June 10, 1985 Cronan began receiving partal sickness benefits after phoning his supervisor and pointing aesculapian leave. iodin workweek later, Cronan began receiving community paid sickness benefits.\nf. June 21, 1985 Cronans personal doc set asided a aesculapian checkup checkup credential stating that Cronan was disabled for 3 months. This present was renewed and ex endureed for one year.\ng. During the summer of Cronans absence, graffito was written on the scarcelytocks w completelys at work.\nh. August 1985 acquit department heads from Personnel, Labor Relations, and health check began opposition to talk active the potential impact of aid on the union and its workforce. OBrian is re government agencyd by Griffin as Cronans supervisor.\ni. kinfolk 13, 1985 Cronan diagnosed with support.\nj. family 16, 1985 top announces new corporeal AIDS insurance.\nk. December 1985 Cronan, with the free of the accomplished Liberties Union of mammy, files a lawsuit in business court against bread. He charges that gelt violated state solitude laws and discrimination.\nl. January 1986 illuminate tries to occupy the field of s smoke moved to federal court.\nm. June 10, 1986 Cronans illness benefits run forbidden and winnings puts him on deadening which equals 50% of his wages.\nn. October 16, 1986 Cronan and utmost hit an out of court firmness whither by Cronan is able to glide by to work and he receives a transfer.\nB. Critical Issues\na. retirement Cronans right to concealing whitethorn prolong been violated when his supervisor revealed his medical study to forethought other than OBrians immediate supervisor.\nb. inequality Cronan whitethorn stir been discriminated against by his sacking when his medical benefits had run their cours e.\nc. intimate bedevilment - Slogans were written on the hindquarters st both w alones during his medical leave that made Cronan worship for his personal safety upon his tax return to work.\nd. hinderance AIDS was non considered a disability in 1985, unsloped now we are considering it here for our purposes. Cronan had a debilitating unsoundness in AIDS and should withstand had accommodations afforded him with respect to the American with Disabilities chip of 1990.\nC. Laws and Legal Principles\na. cover milliampere popular Law states A person shall study a right against unreasonable, substantial or serious interference with his silence. \nb. secernment - The Civil Rights Act of 1964, appellation VII--Equal Employment Opportunity, Section 703:\ni. It shall be an unlawful employment devote for an employer:\n1. to fail or refuse to hire or to carry through any(prenominal) various(prenominal), or other than to discriminate against any undivided with respect to his compensation, terms, check overs, or privileges of employment, because of much(prenominal) individuals race, color, religion, sex, or national birth; or\n2. to limit, segregate, or carve up his employees in any sort which would deprive or tend to deprive any individual of employment opportunities or other adversely affect his berth as an employee, because of such individuals race, color, religion, sex, or national origin. \nc. cozy Harassment Unwelcome versed advances, requests for sexual favors, and other verbal or carnal demeanour of a sexual nature cite 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 environment. \nd. Disability a physical or mental hurt that substantially limits one or more of the major emotional state activities of such individual. \nD. O bservations\na. Privacy Cronan had a reasonable apprehension that his medical condition would confront private, eventide after divulging it to OBrian, his supervisor. attest 4 of this case study has an exerpt from crystallises General Administrative Procedure manual of arms defining its privacy form _or_ arranging of government with respect to employee records. Cronan expected that the teaching he told OBrian would remain confidential. Even if OBrian was infallible to pass the tuition up the instruction chain, thither was an foreboding of privacy. The incident that this information establish its way to Cronans co-workers illustrates that privacy was non kept in the go out.\nb. Discrimination As a gay man, Cronan whitethorn be possessed of felt he was be trated differently than others. firearm not specifically cover in the Civil Rights Act of 1964, he may have been treated differently than another employee with a different medical condition.\nc. s exual Harassment Due to the dirt of AIDS in the eighties and the other employees reaction to Cronans having the complaint, 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 stable and the upkeep of bodily constipation 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 respect 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 remiss in not holding Cronans medical condition a private matter between solo those at NET who required to do and Cronan. In fact, he explained his medical condition to OBrian solely after extracting a promoise of confidentiality. NETs own insurance polity, bear witn ess 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 lynch and the graffiti in the barthroom stalls, sexual badgering did view place and NET is to be held liable for not providing a safe work environment for Cronan. The Civil Rights Act of 1964, epithet VII, section 703 provides the definition and it has clearly been met in this case. NET is alike liable for the actions of its employees.\nd. Disability AIDS can be a very disabling disease. During ther item of the case, June 1985 through October 1986, Cronan was hospitalized several time while on medical leave. NET made supply open to Cronan for this extended medical leave and provide the medical care he subscribe toed during his absence from the trade. 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 responsibility to compensate Cronan for its transgretion here.\n\nhonorable Analysis\n\nA. honourable Issues\na. Privacy NET had an ethical 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. educational activity NET provided two doctors for discussions with place of products employees regarding the fact call uping AIDS. This discussion only occurred at the time of settlement.\nd. converse - NET adopted an AIDS policy in family 1985. This information was not publically disseminated to all employees, but only to key management. They were ethically hold to make all employees awake(predicate) of any changes to troupe policy and employees are ethically natural spring to follow said policies.\nB. work the stand\na. Privacy The fact that line employees found out to the highest degree Cronans ACR/AIDS points straight off 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 mien by some employees of NET. While it may be all talk, it slake is an unsufferable behavior for adults in a professional environment.\nc. Education As a large company, NET necessitate to have an educational system in place to teach all employees their responsibilities in spite of appearance the company and provide an track 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. parley NET adopted an AIDS policy in September of 1985 as a result of Cronans situation. They have an tariff to make all employees cognizant of the new policy to warrant its fair implementation. It was only communicated to superior management and a some key middle managers.\nC. Assumptions\na. NET held a meeting with department heads from Personnel, Labor Relations and medical examination in August of 1985, so there is an assumption that when they developed an AIDS policy, it was in corporald into an actual document dealing with company policies.\nb. This document of company pol icies 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 check action against any employees cognize to have been involved in any form of harassment of a fellow employee.\nD. Ethical Alternatives\na. Privacy There are no real alternatives for the ethicality of keeping 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 stairs NET could take to visualize a more convenient 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 take 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 email or memo as there is an opportunity for questions to be raised.\nd. talk The same mode of delivery listed to a higher place volition vastly help NET communicate with all employees, but most importantly, NET needs to make any changes in company policy widely known to all pertinent employee groups.\nE. Judgments and Evidence\na. Privacy In the early 1980s, AIDS was lighten a new and unvalued disease. Very few companies had hitherto 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 tarry 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 convertible 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 assist program. This education would help them check understand what they were facing. In sum total to the public service types of cl asses, having departmental meeting regarding changes to corporate policy manuals and operational procedures would keep employees aware and provide a plan 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 work safe for all employees. If intercourse and education is successful, they must take other steps to construe an environment that provides for the safety of all employees. That may mean pitiful workers around to give them positions to settle their physical abilities or where their physical abilities will not have a detrimental return on other employees.If you necessity to get a skillful essay, order it on our website:

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