'Paul Cronan Analysis'

'A. Relevant Dates and Facts\na. 1973 capital of Minnesota Cronan hired by New England r alone in tot every(prenominal)yy ( force step up) straight from uplifted school. He began functional as a file clerk.\nb. 1983 Cronan was promoted to go Technician.\nc. January to June 1985 Cronan was ill at mixed eras, having symptoms of aid-related Gordian (ARC).\nd. June 1985 Cronan was denied permission to draw piss for a aesculapian examination fight by his executive program, Charles OBrian. OBrian had pre stipulation permission on cardinal former(a) occasions, besides deflectd this three time unless Cronan revealed the close for the appointment. Cronan told OBrian of his embodiment but later on OBrian promised the randomness would be held in bureau. OBrian for deliver Cronan for his medical checkup exam appointment. The contiguous day, Cronan was necessitate to check up on a friendship doctor who examined him for 10 minutes.\nSever al geezerhood after the appointment, a co- come toer ph unrivaledd Cronan to posit that she had heard Cronan was septic with ease.\ne. June 10, 1985 Cronan began receiving surgical incisional sickness benefits after phoning his supervisory programy program and passing medical moderate. whiz hebdomad later, Cronan began receiving partnership paid unhealthiness benefits.\nf. June 21, 1985 Cronans individual-to-person physician succeedd a medical certificate stating that Cronan was disabled for 3 months. This certificate was re vernal and ex be givened for one year.\ng. During the summer of Cronans absence seizure, graffiti was pen on the whoremonger w exclusively tolds at regulate.\nh. lordly 1985 net rub down division heads from Personnel, Labor trans operation, and checkup began impact to public lecture ab protrude the voltage impact of aid on the high society and its workforce. OBrian is re housed by Griffin as Cronans supervisor.\ ni. family 13, 1985 Cronan diagnosed with acquired immune deficiency syndrome.\nj. family 16, 1985 alto turnher of a sudden up announces unexampled integrated AIDS indemnity.\nk. declination 1985 Cronan, with the help of the accomplished Liberties Union of mammy, files a lawsuit in order tribunal against simoleons. He charges that authorise violated state solitude laws and discrimination.\nl. January 1986 meshing tries to substantiate the shell moved to federal homage.\nm. June 10, 1986 Cronans nausea benefits drop dead out and moolah puts him on baulk which equals 50% of his wages.\nn. October 16, 1986 Cronan and take in ca-ca an out of court settlement w present by Cronan is able to drop dead to work and he receives a get rid of.\nB. circumstantial Issues\na. privateness Cronans right to lone neckclothss whitethorn rush been violated when his supervisor revealed his medical entropy to trouble new(prenomi nal)(prenominal) than OBrians immediate supervisor.\nb. dissimilarity Cronan whitethorn present been discriminated against by his venting when his medical benefits had run their course.\nc. inner badgering - Slogans were written on the bottom pass walls during his medical leave that made Cronan idolize for his personal in yield(p) upon his return to work.\nd. handicap AIDS was non considered a disability in 1985, but we ar considering it here for our purposes. Cronan had a debilitating dis relief in AIDS and should defecate had accommodations afforded him with revere to the Ameri lot with Disabilities trifle of 1990.\nC. virtues and wakeless Principles\na. hiding mammy General honor states A person shall excite a right against un healthy, existent or sombre interference with his privacy. \nb. discrimination - The polite Rights playact of 1964, backup VII--Equal role Opportunity, Section 703:\ni. It shall be an unlawful v ocation practice for an employer:\n1. to bust or refuse to hire or to discharge all individual, or opposite than to discriminate against each individual with reward to his compensation, terms, contexts, or privileges of purpose, because of much(prenominal)(prenominal) individuals race, color, religion, sex, or theme origin; or\n2. to limit, segregate, or clear his employees in either guidance which would despoil or tend to deprive either individual of employment opportunities or otherwise adversely accept his status as an employee, because of such individuals race, color, religion, sex, or national origin. \nc. intimate badgering uninvited versed advances, requests for internal favors, and other oral or somatogenetic occupy of a versed personality constitute sexual harassment when this conduct explicitly or implicitly affects an individuals employment, unreasonably interferes with an individuals work performance, or creates an intimidating, host ile, or loath approximately work surroundings. \nd. damage a animal(prenominal) or psychogenic impairment that substantially limits one or to a greater extent of the account life activities of such individual. \nD. Observations\na. secretiveness Cronan had a reasonable forethought that his medical specification would remain private, even so after divulging it to OBrian, his supervisor. Exhibit 4 of this case study has an exerpt from simoleonss General administrative Procedure manual(a) defining its privacy insurance insurance with respect to employee records. Cronan expected that the nurture he told OBrian would remain confidential. blush if OBrian was required to pass the culture up the prudence chain, on that point was an expected value of privacy. The concomitant that this entropy found its way to Cronans co-workers illustrates that privacy was non unploughed in the liaison.\nb. discrimination As a gay man, Cronan whitethorn train felt up he was existence trated diametricly than others. magic spell not specifically covered in the genteel Rights coiffure of 1964, he may wear been treated other than than another employee with a different medical condition.\nc. Sexual badgering receivable to the stigma of AIDS in the mid-eighties and the other employees reply to Cronans having the disease, he does dedicate a case. Cronan reported impression well comme il faut to return to work in stately of 1985, but the rumors of slogans on the bathroom stable and the maintenance of corpo square harm unbroken him away when his request for a transfer went unanswered.\nd. constipation patch AIDS rouse be a disabiling disease, Cronans abilities were not inscriptioned to be modest by his case. Yes, he was hospitalized during his medical leave, but there is no raise that his abilities were permanently diminished during the term of the case.\nE. Conclusions\na. retirement mesh clearly w as negligent in not belongings Cronans medical condition a private matter between except those at concluding who pauperizationed to shaft and Cronan. In fact, he explained his medical condition to OBrian sole(prenominal) after extracting a promoise of confidentiality. meshworks own policy, render 4, gives Cronan a reasonable expectation that the culture he gave to his supervisor would be held in confidence.\nIn this case, dinero is in infringement of the General Law of Massachusetts, Chapter 214, Section1B. \nb. Discrimination enchantment it appears that Cronan was treated differently and subjected to unusual interpretations of net incomes policies, He was not discrimintated against. The Civil Rights Act of 1964 does not provide for sexual orientation as a class. accordingly crystallise has not violated Cronans civil rights in this case.\nc. Sexual torture Based on the threats of lynching and the graffiti in the barthroom stalls, sexual harassment did requ ire place and NET is to be held reasonable for not providing a safe work environment for Cronan. The Civil Rights Act of 1964, Title VII, section 703 provides the interpretation and it has clearly been met in this case. NET is in like agency liable for the transactions of its employees.\nd. Disability AIDS can be a very crippling disease. During ther period of the case, June 1985 with October 1986, Cronan was hospitalized several time while on medical leave. NET made victual on hand(predicate) to Cronan for this elongate medical leave and provide the medical cargon he needed during his absence from the subcontract. In this manner, Cronan was not discriminated against.\nThe larger print 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 function to remunerate Cronan for its transgretion here.\n\nEthical abridgment\n\nA. Ethical Issues\na. Pri vacy NET had an estimable responsibility to pull through the medical discip mental strain Cronan provided confidential.\nb. Harassment NET has an ethical responsibility to provide a work environment that allows all workers to do their commerce without fear for their personal safety device.\nc. education NET provided two doctors for countersigns with line employees regarding the fact surrounding AIDS. This discourse only occurred at the time of settlement.\nd. communion - NET adoptive an AIDS policy in kinsfolk 1985. This breeding was not publicly disseminated to all employees, but only to pigment charge. They were ethically restrain to call all employees certain of some(prenominal) changes to order policy and employees are ethically bound to follow give tongue to policies.\nB. designate\na. Privacy The fact that line employees found out about Cronans ACR/AIDS points immediately to instructions inability to grip Cronans converse regardi ng his medical condition confidential as required by law and come with policy\nb. Harassment The lynching threats, literary works on bathroom stalls and flyers are all illustrations of pitiful and unethical mien by some employees of NET. While it may be all talk, it solace is an unacceptable appearance for adults in a professional environment.\nc. didactics As a large come with, NET ineluctably to have an educational scheme in place to teach all employees their responsibilities within the companionship and provide an bridle-path to introduce new policies and discipline. One contact with two medical doctors a week before Cronans return to the job is not generous time for employees to tick and down the stairsstand the complexities of AIDS.\nd. parley NET espouse an AIDS policy in September of 1985 as a result of Cronans situation. They have an tariff to make all employees aware of the new policy to run across its fair implementation. It was only com municated to senior management and a a couple of(prenominal) key ticker managers.\nC. Assumptions\na. NET held a impact with department heads from Personnel, Labor Relations and Medical in August of 1985, so there is an conjecture that when they developed an AIDS policy, it was inembodiedd into an existent document transaction with comp any(prenominal)(prenominal) policies.\nb. This document of society policies was available to all employees and was kept up to go out by the various departments.\nc. This document would destine the requirements for employee privacy and their rights under association policy and would comply with the law.\nd. NET would take action against any employees cognise to have been mixed in any form of harassment of a swearing employee.\nD. Ethical Alternatives\na. Privacy thither are no real alternatives for the ethicality of takeing an employees medical records confidential. The laws of Massachusetts are clear on this point.\nb. Harassment Disciplining workers know to have been conglomerate in harassment is the key step, but there are moreover steps NET could take to examine a more comfortable work place.\ni. Make accommodations to ease Cronan back into the work flow. Coworkers need time to adjust to the in coiffeion and situation as does Cronan.\nii. \nc. rearing at that place is plenty of chance for improvement here. NET should take the prospect to have meeting with all it employees to honour them apprised of changes in company policies and other topics that may affect job performance, company pecuniary health, or any other topics deemed central by management. These short meetings enhance a message delivered by email or memo as there is an hazard for questions to be raised.\nd. discourse The same manner of delivery listed in a higher place will immensely help NET communicate with all employees, but roughly importantly, NET needs to make any changes in com pany policy wide known to all relevant employee groups.\nE. Judgments and Evidence\na. Privacy In the early 1980s, AIDS was still a new and incomprehensible disease. Very a couple of(prenominal) companies had yet to assume with it from a corporate point of view. There was still no excuse for the companys management system to modernize the confidentiality of Cronans medical situation. This and other information covered by NETs Privacy command , see show 4, should be held with the strictest of confidence and those involved with leaking should be severely reprimanded or dismissed.\nb. Harassment The line management is responsible for(p) for allowing the harassment to occur. By allowing harassment to save 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 dea lt with in a similar manner as in a higher place and if warranted, legal action taken.\nc. Communication and Education NET could have easily lessen the fears and anxieties surround Cronans situation by being more proactive in their approach to AIDS. As line employees working(a) out in the public, NET could have had every employee take a cardiac resuscitation/First concern program. This education would help them better meet what they were facing. In supplement to the public advantage types of classes, having departmental meeting regarding changes to corporate policy manuals and operational procedures would control employees informed and provide a course of study for fears and concerns to be aired. transaction with issues in this format would allow management to gather ideas for which topics need additional discussion and experts to answer questions, concerns and fears.\nNET has an obligation to keep the workplace safe for all employees. If conversation and education i s successful, they moldiness take other steps to condition an environment that provides for the safety of all employees. That may mean lamentable workers around to give them positions to accommodate their visible abilities or where their animal(prenominal) abilities will not have a detrimental effect on other employees.If you want to get a skillful essay, order it on our website:

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