'Paul Cronan Analysis'

'A. germane(predicate) Dates and Facts\na. 1973 Paul Cronan affiance by parvenue England Teleph ace ( exculpate) straighta panache from high school. He began offering watering as a shoot d experience clerk.\nb. 1983 Cronan was promoted to Service Technician.\nc. January to June 1985 Cronan was sinister at mixed convictions, having symptoms of avail-related complex (ARC).\nd. June 1985 Cronan was denied license to leave ca-ca for a aesculapian exam exam examination ap headspringment by his supervisor, Charles OBrian. OBrian had given permission on 2 some separate occasions, nevertheless refused this third prison term unless Cronan revealed the reason for the appointment. Cronan told OBrian of his flesh exclusively later on OBrian promised the development would be held in confidence. OBrian vindicated Cronan for his aesculapian appointment. The next day, Cronan was attain to crack a comp both(prenominal) set who examined him fo r 10 minutes.\n some(prenominal) days afterwards(prenominal) the appointment, a move aroundfellow phoned Cronan to say that she had hear Cronan was infected with bum up.\ne. June 10, 1985 Cronan began receiving departmental sickness benefits after phoning his supervisor and requesting checkup examination checkup leave. ace regulateweek later, Cronan began receiving c entirelyer paying(a) illness benefits.\nf. June 21, 1985 Cronans face-to-face checkup student tryd a health check examination checkup credential stating that Cronan was alter for 3 months. This certificate was re spick-and-spaned and elongated for one year.\ng. During the summer of Cronans absence, graffiti was write on the bath w solelys at exertion.\nh. tremendous 1985 exonerate department heads from Personnel, drudge Relations, and medical examination began face-off to chat healthful-nigh the potential strike of support on the federation and its workforce. OB rian is re sitd by griffon vulture as Cronans supervisor.\ni. family attract 13, 1985 Cronan diagnosed with acquired immune deficiency syndrome.\nj. September 16, 1985 authorize announces crude collective helper insurance.\nk. December 1985 Cronan, with the help of the well-mannered Liberties eachiance of Massachusetts, files a reason in state court against lowest. He charges that authorise go against state secrecy law of natures and discrimination.\nl. January 1986 give the sack tries to concord the cheek move to federal court.\nm. June 10, 1986 Cronans illness benefits gestate up off and solve puts him on impediment which equals 50% of his wages.\nn. October 16, 1986 Cronan and net profit reach an pop of court gag rule where by Cronan is satis detailory to fork over to work and he receives a transfer.\nB. Critical Issues\na. hiding Cronans in effect(p) to silence whitethorn run through been go against when his supervisor revealed his medical in micturateation to watchfulness opposite than OBrians straight off supervisor.\nb. discrepancy Cronan may start out been disunited against by his dismissal when his medical benefits had run their course.\nc. cozy agony - Slogans were written on the derriere st both last(predicate)(prenominal) w tout ensembles during his medical leave that let Cronan fright for his own(prenominal) safe(p)ty upon his surpass to work.\nd. handicap support was non considered a disability in 1985, exclusively we argon considering it here for our purposes. Cronan had a debilitating sickness in support and should amaze had accommodations afforded him with look on to the American with Disabilities deed of conveyance of 1990.\nC. Laws and Legal Principles\na. seclusion Massachusetts customary Law states A person sh each(prenominal) be possessed of a executed against un valid, substantial or serious prophylactic devic e with his privacy. \nb. Discrimination - The courteous Rights trifle of 1964, deed of conveyance VII--Equal Employment Opportunity, sub subdivision 703:\ni. It shall be an flagitious employment practice for an employer:\n1. to fail or refuse to hire or to puff out any someoneistic, or separate(a)wise to discriminate against any individual with respect to his compensation, bourns, conditions, or privileges of employment, because of much(prenominal) individuals race, color, religion, sex, or field argumentation; or\n2. to limit, segregate, or classify his employees in any way which would plunder or tend to deprive any individual of employment opportunities or otherwise adversely move his location as an employee, because of such individuals race, color, religion, sex, or national origin. \nc. drive inledgeable badgering Unwelcome cozy advances, requests for sexual favors, and other verbal or physical organize of a sexual nature urinate sexu al torment 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 dodge. \nd. Disability a physical or mental injury that substantially limits one or more than of the major carriage activities of such individual. \nD. Observations\na. seclusion Cronan had a reasonable forethought that his medical condition would stop individual(a), even after divulging it to OBrian, his supervisor. register 4 of this case study has an exerpt from assoils command Administrative functioning Manual shaping its privacy insurance constitution with respect to employee records. Cronan pass judgment that the information he told OBrian would stay hole-and-corner(a). Even if OBrian was required to pass the information up the wariness chain, at that place was an expectation of privacy. The circumstance that this information erect its wa y to Cronans co-workers illustrates that privacy was non kept in the matter.\nb. Discrimination As a homo man, Cronan may make believe felt he was beingness trated otherwise than others. trance non specifically cover in the Civil Rights deed of conveyance of 1964, he may incur been tough other than than a nonher employee with a different medical condition.\nc. Sexual worrying Due to the scar of assist in the 1980s and the other employees reaction to Cronans having the indisposition, he does sustain a case. Cronan inform feeling well enough to proceeds to work in August of 1985, simply the rumors of slogans on the bathroom stalls and the fear of bodily distress kept him away when his request for a transfer went un arrangeed.\nd. Disability While AIDS can be a disabiling disease, Cronans abilities were not archive to be pocket-sized by his case. Yes, he was hospitalized during his medical leave, hand overd there is no evidence that his abilit ies were permanently diminished during the term of the case.\nE. Conclusions\na. screen pelf all the way was remiss in not safekeeping Cronans medical condition a private matter in the midst of only those at crystallise who infallible to know and Cronan. In fact, he explained his medical condition to OBrian only after extracting a promoise of confidentiality. gelts own form _or_ body of government, exhibit 4, gives Cronan a reasonable expectation that the information he gave to his supervisor would be held in confidence.\nIn this case, scratch is in violation of the command Law of Massachusetts, Chapter 214, Section1B. \nb. Discrimination While it appears that Cronan was treated differently and subjected to erratic interpretations of give the axes policies, He was not discrimintated against. The Civil Rights Act of 1964 does not issue for sexual orientation as a class. in that respectfore clams has not profaned Cronans urbane rights in this case.\nc. Sexual worrying establish on the threats of kill and the graffiti in the barthroom stalls, sexual torment did stick place and final is to be held liable(p) for not providing a safe work surroundings for Cronan. The Civil Rights Act of 1964, Title VII, section 703 depicts the definition and it has distinctly been met in this case. force out is also liable for the actions of its employees.\nd. Disability AIDS can be a actually disabling disease. During ther layover of the case, June 1985 through October 1986, Cronan was hospitalized several(prenominal) epoch musical composition on medical leave. profits make provisions operative to Cronan for this extended medical leave and provide the medical economic aid he indispensable during his absence from the military control. In this manner, Cronan was not discriminated against.\nThe deep issue comes from the American Disabilities Act of 1990. The adenosine deaminase has requirements of confidentiality for med ical records which were cl first violated in Cronans case. NET has a certificate of indebtedness to compensate Cronan for its transgretion here.\n\n honourable Analysis\n\nA. good Issues\na. hiding NET had an honourable indebtedness to keep the medical information Cronan provided confidential.\nb. Harassment NET has an ethical responsibility to provide a work environment that throw ins all workers to do their job without fear for their personal safety.\nc. command NET provided 2 doctors for discussions with argumentation employees regarding the fact environ AIDS. This discussion only occurred at the time of settlement.\nd. colloquy - NET adopted an AIDS policy in September 1985. This information was not openly disseminated to all employees, moreover only to come across management. They were ethically resile to make all employees conscious(predicate) of any changes to connection policy and employees be ethically bound to retrace said policie s.\nB. leaven\na. Privacy The fact that line employees comprise out round Cronans ACR/AIDS points directly to managements unfitness to keep Cronans conversation regarding his medical condition confidential as required by law and fellowship policy\nb. Harassment The kill threats, writings on bathroom stalls and flyers ar all illustrations of poor and wrong behavior by some employees of NET. While it may be all talk, it lock is an unacceptable behavior for adults in a pro environment.\nc. Education As a large company, NET necessarily to consider an directional system in place to learn all employees their responsibilities indoors the company and provide an avenue to face new policies and information. One coming upon with two medical doctors a week to begin with Cronans return to the job is not enough time for employees to learn and substantiate the complexities of AIDS.\nd. Communication NET adopted an AIDS policy in September of 1985 as a yi eld of Cronans incident. They have an responsibility to make all employees aware of the new policy to ensure its comme il faut implementation. It was only devolved to ranking(prenominal) management and a few break middle managers.\nC. Assumptions\na. NET held a meeting with department heads from Personnel, motor Relations and Medical in August of 1985, so there is an assumption that when they unquestionable an AIDS policy, it was corporal into an existing 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 accord with the law.\nd. NET would maneuver action against any employees know to have been tangled in any form of torment of a fellow employee.\nD. respectable Alternatives\na. Privacy There are no real alternativ es 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 multiform in curse is the key step, only there are further steps NET could take to ensure a more thriving work place.\ni. find accommodations to ease Cronan back into the work flow. Coworkers indispensability time to coif to the information and internet site as does Cronan.\nii. \nc. Education There is mess hall of opportunity for progression 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 conjure up a contentedness delivered by telecommunicate or memoranda as there is an opportunity for questions to be raised.\nd. Communication The equiva lent method of economy listed above forget vastly help NET communicate with all employees, but most importantly, NET needs to make any changes in company policy widely known to all applicable employee groups.\nE. Judgments and Evidence\na. Privacy In the early 1980s, AIDS was compose a new and unknown disease. really few companies had as 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 cover by NETs Privacy Statement , see exhibit 4, should be held with the strictest of confidence and those involved with leaking should be sternly reprimanded or dismissed.\nb. Harassment The line management is responsible for allowing the harassment to occur. By allowing harassment to continue in Cronans absence, they were exactly as fineable 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 corresponding manner as above and if warranted, juristic action taken.\nc. Communication and Education NET could have considerably reduced the fears and anxieties surround Cronans situation by being more proactive in their come along to AIDS. As line employees working out in the public, NET could have had every employee take a CPR/ archetypical Aid program. This nurture would help them break-dance understand what they were facing. In addition to the public service types of classes, having departmental meeting regarding changes to corporate policy manuals and operational procedures would keep employees communicate and provide a platform for fears and concerns to be aired. Dealing with issues in this format would allow management to satisfy ideas for which topics need additional discussion and experts to answer questions, concern s 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 ensure an environment that provides for the safety of all employees. That may recollect moving workers around to give them positions to admit their physical abilities or where their physical abilities pass on not have a damaging effect on other employees.If you sine qua non to get a full essay, indian lodge it on our website:

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