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CRITICAL OR RELEVANT FACT.The Paul Cronan case evolves from a corporate organization's response to AIDS in the workplace. This case study involves three parties (1) the company, () Paul Cronan's supervisors and () Paul Cronan. I will be evaluating this case from the point of view of the Plaintiff Paul Cronan.Paul Cronan, diagnosed with AIDS, returned to work after a much-publicized lawsuit. His return to work led to a walkout of his coworkers. Prior to this walk out the following events occurred.Cronan contacted his first boss, Charlie O'Brian, asking for permission to leave work for a doctor's appointment on three occasions. On the third request Cronan was asked to disclose the nature of his illness. O'Brian told his immediate supervisor, Paul Cloran (who in turn told his supervisors). On the next day, upon his return to work Cronan's manager informed him that it was required by company policy for him to see the company doctor for evaluation..
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Over the weekend a co-worker, who informed him that news about his condition had spread over the office, contacted Cronan. Paul Cronan contacted O'Brian, asking to be put on medical leave. Months later when he was well enough to return to work he contacted his new supervisor, Richard Griffin, who informed him that he needed a medical release to return to his job. He also asked Griffin for a transfer to a less volatile environment..Paul Cronan enlisted the help of the Civil Liberties Union of Massachusetts to file a $1.45 million law suit based on the claim that AIDS was a handicap covered by the statutes prohibiting discrimination and the company violated state privacy lay by disclosing his illness..Cronan and NET reached an out of court settlement weeks prior to his return to work. Upon Paul Cronan's return to work after the legal settlement, fellow employees treated him like a leper. Several co-workers filed a grievance with the local union protesting his re-instatement. The next day the workers walked off the job to reduce their contact with Cronan..KEY ISSUE.Listed below are the key legal issues I will use to evaluate this cas.1)Is it legal to treat an AIDS patient any different than any person considered handicapped.)Is it legal to discuss the medical history of an employee to those without a specific "need to know".)Is it legal not to consider a transfer as a means for making reasonable accommodations for a disability.THE LEGAL RULE.The following are the applicable laws that address the key issues listed abov.1)AIDS victims are now under laws protecting the handicapped.)Under the 164 Civil Rights Act, it is illegal conduct to disparately treat a member of a protected class as distinguished from treatment of other employees.)The Americans with Disabilities Act extends federal affirmative action provisions and civil rights protections to the disabled. While prohibiting discrimination against the disabled, the Act requires employers to make reasonable accommodations for workers with disabilities..4)Other employees (and customers) attitudes and concerns compound the problem of managing HIV/AIDS. Generally, customer or employee preference is not a valid defense to work stoppage.5)The NLRA protects the right of employees to engage in concerted activity for mutual aid and protection. This protection extends to work stoppages in protest over terms and conditions of employment. See Colorado Forge Corp. (employees complained that workplace was too hot, too smoky, too dangerous), decision supplemented by Colorado Forge Corp., 85 N.L.R.B. No. 6 (187). However, a refusal to work based on imminent danger to health and safety must be grounded in a good faith belief and be objectively reasonable.LIST OF OBSERVATION.The two primary complaints of Paul Cronan's lawsuit were that the company violated sate privacy law by disclosing Cronan's illness and illegally discriminated against him.Protecting the Employees Privacy.The ADA mandates that employees medical information be kept confidential. When an employer employs an individual with HIV, the employer must take steps to protect the confidentiality of the person or the employer may be sued for ADA violations, defamation or invasion of privacy. In Doe v. United States Postal Service (employer revealing employees HIV-positive status to co-workers in aftermath of medical leave request gives rise to Privacy Act and Rehabilitation Act claims); Doe v. Southeastern Pennsylvania Transportation Authority (awarding damages of $15,000 to a worker who claimed his privacy was violated when a top manager learned of his HIV infection during a review of prescription drug utilization reports and revealed the information to others at the agency).National Labor Relations Act (NLRA.Employees acting in concert with each other in refusing to work may argue that they have a right to refuse to work with a person with HIV. The NLRA protects protesting an unsafe working condition, but only if the employees have a good faith, reasonably held belief that an unsafe condition exists. Even if uninfected employees do not assert any legal claims, the practical consequence of a group of fearful and discontented employees, uneasy with working with a colleague with HIV, provides temptation to break the law and isolate the perceived problem - the infected employee..CONCLUSION.Paul Cronan considered it his right to have privacy of is medical records and not be discriminated against based on his handicap. Perhaps Paul Cronan was under the belief or Kant's theory of the categorical imperative. This theory requires that everyone should be treated as a free person equal to every one else. Everyone has the moral right to such treatment and the duty to treat others in this way.According to Velasquez, a free market system preserves the human beings natural rights. The two natural rights are the right to freedom and the right to private property. In my evaluation of this case, these natural rights are what Paul Cronan is trying to protect. He wanted the freedom to return to work without the fear of bodily harm and he wanted to protect his right to privacy.Based on the legal analysis Paul Cronan filed the appropriate grievance against his employer, because they violated the state privacy law and in effect discriminated against Paul Cronan based on his handicap. BIBLIOGRAPH.§Cohen R, Wiseberg LS. Double Jeopardy - Threat to Life and Human Rights. Discrimination against Persons with AIDS. Cambridge, MA Human Rights Internet, 10.§Mello, Jeffrey A. AIDS and the Law of Workplace Discrimination, Westview Press, Inc., 15.§Stoddard TB. AIDS and Human Rights The Lessons So Far. Plenary Presentation at the VIII International Conference on AIDS, Amsterdam, 1-4 July 1.§Tomaševski K. AIDS and Human Rights. In Fuenzalida-Puelma H, Linares Parada AM, Serrano La Vertu D (eds). Ethics and Law in the Study of AIDS. Pan American Health Organization Scientific Publication No 50, at 00-07.§Valesquez, Manuel G. Business Ethics Concepts and Cases 5th ed., Prentice Hall, 0.
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