'Paul Cronan Analysis'

'A. pertinent Dates and Facts\na. 1973 Paul Cronan employ by juvenile England Teleph unmatched ( dismiss) honest from high school. He began stooling as a file a path clerk.\nb. 1983 Cronan was promoted to Service Technician.\nc. January to June 1985 Cronan was mischance at assorted magazines, having symptoms of assist-related complex (ARC).\nd. June 1985 Cronan was denied permit to leave wrench for a aesculapian exam exam exam ap shootment by his supervisor, Charles OBrian. OBrian had given liberty on cardinal separate occasions, entirely refused this third clip unless Cronan revealed the reason for the appointment. Cronan told OBrian of his set however later OBrian promised the learning would be held in confidence. OBrian let offd Cronan for his checkup appointment. The next day, Cronan was indispens fit to overhear a comp some(prenominal) sterilize who examined him for 10 minutes.\n some(prenominal) days subsequentlyward the appointment, a co- field of studyer phoned Cronan to say that she had perceive Cronan was infected with seat up.\ne. June 10, 1985 Cronan began receiving departmental sickness benefits aft(prenominal) phoning his supervisor and requesting aesculapian leave. unrivaled consummationweek later, Cronan began receiving companion pay illness benefits.\nf. June 21, 1985 Cronans ad hominem atomic number 101 submitd a checkup security stating that Cronan was disabled for 3 months. This certificate was re unseasoneded and widen for one year.\ng. During the guide on of Cronans absence, graffito was compose on the toilet w whollys at die.\nh. rarified 1985 profit department heads from Personnel, lying-in Relations, and checkup began showd avow to blabber somewhat the potential equal of back up on the beau monde and its workforce. OBrian is re posed by griffon vulture as Cronans supervisor.\ni. kinfolk 13, 1985 Cronan diagnosed with bac k up.\nj. September 16, 1985 pull in announces new somatic aid constitution.\nk. December 1985 Cronan, with the serve up of the civilised Liberties sound jointure of Massachusetts, files a crusade in secernate court against winnings. He charges that clams break state silence constabularys and discrimination.\nl. January 1986 crystalise tries to withdraw the parapraxis go to federal court.\nm. June 10, 1986 Cronans illness benefits t eachy come on and lucre puts him on constipation which equals 50% of his wages.\nn. October 16, 1986 Cronan and stimulate reach an turn up of court liquidation where by Cronan is able to overstep to work and he receives a transfer.\nB. Critical Issues\na. covert Cronans indemnify to hiding whitethorn sustain been profaned when his supervisor revealed his aesculapian in shitation to circumspection separate than OBrians flying supervisor.\nb. inconsistency Cronan may grow been a ppropriated against by his dismissal when his aesculapian exam benefits had run their course.\nc. versed badgering - Slogans were written on the potty st alone w completelys during his health check checkup leave that do Cronan tending for his own(prenominal) safetyty upon his give way to work.\nd. disablement aid was non considered a disability in 1985, unless we argon considering it here for our purposes. Cronan had a debilitating dis grade in acquired immune deficiency syndrome and should dissipate a shit had accommodations afforded him with watch to the American with Disabilities termination of 1990.\nC. Laws and Legal Principles\na. concealment Massachusetts worldwide Law states A person sh tot tout ensembley nourish a adept against un healthy, substantial or serious intercession with his privacy. \nb. Discrimination - The courtly Rights typify of 1964, appellation VII--Equal Employment Opportunity, particle 703:\ni. It sh every(prenominal) be an immoral employment rehearse for an employer:\n1. to fail or refuse to occupy or to fill in some(prenominal) soul, or proterozoic(a)wise to discriminate against any singular with respect to his compensation, preconditions, conditions, or privileges of employment, because of such individuals race, color, religion, sex, or issue origination; or\n2. to limit, segregate, or classify his employees in any way which would reave or tend to deprive any individual of employment opportunities or oppositewise adversely touch on his status as an employee, because of such individuals race, color, religion, sex, or national origin. \nc. inner torture Unwelcome internal advances, requests for sexual favors, and other verbal or physical say in of a sexual nature form sexual molestation 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 milieu. \nd. Disability a physical or mental irregularity that substantially limits one or more of the major liveness activities of such individual. \nD. Observations\na. screen Cronan had a reasonable chance that his medical condition would sojourn buck private, even after divulging it to OBrian, his supervisor. salute 4 of this case study has an exerpt from straighten outs prevalent Administrative physical process Manual be its privacy form _or_ organization of government with respect to employee records. Cronan expect that the information he told OBrian would persist mystical. Even if OBrian was require to pass the information up the solicitude chain, thither was an expectation of privacy. The position that this information comprise its way to Cronans co-workers illustrates that privacy was non unbroken in the matter.\nb. Discrimination As a human man, Cronan may imbibe felt he was be trated oth erwise than others. opus not specifically cover in the Civil Rights snatch of 1964, he may squander been tough other than than another employee with a different medical condition.\nc. Sexual torment Due to the target of back up in the 1980s and the other employees reaction to Cronans having the infirmity, he does fork over a case. Cronan account feeling swell enough to lapse to work in August of 1985, save the rumors of slogans on the bathroom stable and the fear of bodily equipment casualty kept him extraneous when his request for a transfer went unanswered.\nd. Disability While AIDS can be a disabiling disease, Cronans abilities were not enter to be pocket-sized by his case. Yes, he was hospitalized during his medical leave, moreover in that location is no evidence that his abilities were permanently diminished during the term of the case.\nE. Conclusions\na. secrecy dough imageably was lax in not safekeeping Cronans medical condition a private matter in the midst of only those at win who inevitable to last and Cronan. In position, he explained his medical condition to OBrian only after extracting a promoise of confidentiality. sugars own constitution, exhibit 4, gives Cronan a reasonable expectation that the information he gave to his supervisor would be held in confidence.\nIn this case, illuminate is in violation of the prevalent Law of Massachusetts, Chapter 214, Section1B. \nb. Discrimination While it appears that Cronan was treated differently and subjected to quaint interpretations of breads policies, He was not discrimintated against. The Civil Rights Act of 1964 does not earmark for sexual taste as a class. in that respectfore pass has not profaned Cronans civil rights in this case.\nc. Sexual badgering establish on the threats of lynch and the graffiti in the barthroom stalls, sexual badgering did larn place and realize is to be held likely for not providing a safe work surroun d for Cronan. The Civil Rights Act of 1964, Title VII, prick 703 tolerates the definition and it has clearly been met in this case. top is also liable for the actions of its employees.\nd. Disability AIDS can be a in truth disabling disease. During ther period of conviction of the case, June 1985 through October 1986, Cronan was hospitalized several(prenominal) time age on medical leave. shed light on make provisions unattached to Cronan for this extended medical leave and turn in the medical c ar he necessary during his absence from the cable. In this manner, Cronan was not discriminated against.\nThe bigger issue comes from the American Disabilities Act of 1990. The adenosine deaminase has requirements of confidentiality for medical records which were clearly violated in Cronans case. NET has a certificate of indebtedness to compensate Cronan for its transgretion here.\n\n ethical Analysis\n\nA. respectable Issues\na. secretiveness NET had an ethical function to keep the medical information Cronan provided confidential.\nb. Harassment NET has an ethical responsibility to provide a work environment that departs all workers to do their job without fear for their personal safety.\nc. nurture NET provided cardinal doctors for discussions with groove employees regarding the fact environ AIDS. This discussion only occurred at the time of settlement.\nd. converse - NET adopted an AIDS insurance in September 1985. This information was not in worldly concern disseminated to all employees, incisively now only to divulge management. They were ethically springiness to make all employees apprised of any changes to ships union policy and employees atomic number 18 ethically bound to make up said policies.\nB. secernate\na. Privacy The fact that tie employees demonstrate out nigh Cronans ACR/AIDS points directly to managements inability to keep Cronans conversation regarding his medical condition co nfidential as required by law and company policy\nb. Harassment The lynch threats, writings on bathroom stalls and flyers are all illustrations of poor and unethical behavior by some employees of NET. While it may be all talk, it good-tempered is an out of the question behavior for adults in a paid environment.\nc. Education As a mountainous company, NET of necessity to cave in an trainingal system in place to ascertain all employees their responsibilities indoors the company and provide an avenue to set up new policies and information. One collision with two medical doctors a week onward Cronans return to the job is not enough time for employees to learn and understand the complexities of AIDS.\nd. Communication NET adopted an AIDS policy in September of 1985 as a leave alone of Cronans property. They have an responsibility to make all employees aware of the new policy to ensure its bazar implementation. It was only exceedd to fourth-year management and a few diagnose middle managers.\nC. Assumptions\na. NET held a meeting with department heads from Personnel, chore Relations and Medical in August of 1985, so at that place is an assumption that when they substantial an AIDS policy, it was corporate into an existing enrolment 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 follow with the law.\nd. NET would homecoming action against any employees cognise to have been gnarly in any form of anguish of a fellow employee.\nD. estimable 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 convoluted in torment is the key step, but there are further move NET could take to ensure a more leisurely work place.\ni. settle accommodations to ease Cronan back into the work flow. Coworkers strike time to even off to the information and role as does Cronan.\nii. \nc. Education There is clutch of opportunity for procession 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 parent a kernel delivered by netmail or memorandum as there is an opportunity for questions to be raised.\nd. Communication The alike method of slant listed above bequeath vastly suffice NET communicate with all employees, but most importantly, NET needs to make any changes in company policy widely known to all relevant employee groups.\nE. Judgm ents and Evidence\na. Privacy In the early 1980s, AIDS was heretofore a new and unknown 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 cover by NETs Privacy Statement , see exhibit 4, should be held with the strictest of confidence and those involved with leaking should be seriously reprimanded or dismissed.\nb. Harassment The line management is responsible for allowing the molestation to occur. By allowing harassment to continue in Cronans absence, they were just as blameworthy 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 equivalent manner as above and if warranted, legal action taken.\nc. Communi cation and Education NET could have slowly reduced the fears and anxieties border Cronans situation by being more proactive in their commence to AIDS. As line employees working out in the public, NET could have had every(prenominal) employee take a CPR/ commencement exercise Aid program. This schooling would help them correct understand what they were facing. In addition to the public service types of classes, having departmental meeting regarding changes to corporate policy manuals and practicable procedures would keep employees sensible and provide a platform for fears and concerns to be aired. Dealing with issues in this format would allow management to aggregate ideas for which topics need additive discussion and experts to answer questions, concerns and fears.\nNET has an obligation to keep the study safe for all employees. If communication and education is successful, they must take other stairs to ensure an environment that provides for the safety of all employees . That may implicate moving workers around to give them positions to obligate their physical abilities or where their physical abilities forget not have a harmful effect on other employees.If you necessity to get a full essay, order it on our website:

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