CASE: Paul Cronan and New England Telephone Company (A) Essay -- Legal

CASE: Paul Cronan and New England Telephone Company (A) I.  Ã‚  Ã‚  Ã‚  Ã‚  LEGAL CASE ANALYSIS A.  Ã‚  Ã‚  Ã‚  Ã‚  Facts Paul Cronan was hired by New England Telephone (NET) in 1973 as a file clerk. In 1983 he was promoted to service technician. He worked in Needham, Massachusetts for 18 months before transferring to South Boston, Massachusetts. In 1985, Cronan suffered from medical symptoms due to AIDS-related complex (ARC), and missed work sporadically for 6 months. In June, 1985 Cronan requested a third leave of absence from work for a doctor’s appointment. Cronan’s supervisor, Charles O’Brian, demanded to know the nature of the illness, and assured him that the information would be kept confidential. Cronan informed O’Brian that the illness was AIDS-related, whereupon he received the work excuse to see his doctor. O’Brien informed his supervisor, Paul Cloran, of Cronan’s AIDS status, who in turn informed his own supervisor. The following day, in accordance with company policy, O’Brien mandated that Cronan see the company physician. After a 10 minute physical examination Cronan was sent home. Two days later, a coworker informed Cronan that news of his AIDS-related illness had spread around his co-workers, and that threats of physical violence were made against Cronan should he return. Fearing for his safety and health, Cronan requested medical leave, which was granted. He began receiving company-paid medical benefits, first departmental sickness benefits, then illness benefits. Illness benefits were extended several times to 12 months total. In August 1985, Cronan wished to return to work. His new supervisor, Richard Griffin, stated that in accordance with company policy a medical certificate from his physician certifying his ability to return to work was required. Cronan obtained the certificate but also requested a transfer to another location. He did not receive a response to his request and did not return to the South Boston facility, fearing that he would be physically harmed. In September 1985, Cronan was hospitalized with AIDS. During this hospitalization he received a letter of condolence from Griffin offering a return to his previous position with no mention of a transfer or new assignment. In December 1985, Cronan filed a lawsuit assisted by the Civil Liberties Union of Massachusetts for $1.45 million in state court, alleging invasion of privacy and ... ...cable illness that puts the workers at risk or requires medical evaluation. Even if the dissemination of this private information were inadvertent, processes should be in place to prevent such occurrences. The potential for the development of bigotry or a hostile work environment requires an ethical response. The foreknowledge of Cronan’s anticipated return to work at NET in any capacity mandates that he be allowed to work in a harmonious and safe environment. As ignorance was the main impetus for the majority of the behaviors noted by Cronan, education would be the solution. The ethical course of action would be initially providing widespread company dissemination of the policy regarding AIDS in the workplace, followed by intense education of the workers about AIDS. An overall policy of intolerance of any harassment should be published and enforced. Finally, the ethical response to Cronan individually in the situation as listed in the narrative would be to find him a position constrained only by the limits of his medical condition where he would find job satisfaction in a workplace environment free of hostility and sexual harassment, with relocation provided if necessary.