I. Legal Analysis, Issue 1
Issue: Does party bringing suit (Plaintiff – Paul Cronan) qualify under the ADA for disability?
In Review of ADA and the principles set forth at that time, there are several relevancies to consider here. A disability is described as follows:
“For purposes of nondiscrimination laws (e.g. the Americans with Disabilities Act, Section 503 of the Rehabilitation Act of 1973 and Section 188 of the Workforce Investment Act), a person with a disability is generally defined as someone who (1) has a physical or mental impairment that substantially limits one or more "major life activities," (2) has a record of such an impairment, or (3) is regarded as having such an impairment.
Have a severe disability (or combination of disabilities) that has lasted, or is expected to last, at least 12 months or result in death, and which prevents working at a "substantial gainful activity" level.
State vocational rehabilitation (VR) offices will find a person with a disability to be eligible for VR services if he or she has a physical or mental impairment that constitutes or results in a "substantial impediment" to employment for the applicant. Some of these definitions include words or phrases that have been the subject of lawsuits, as individuals, agencies, and courts try to clarify the terms used in some of these definitions of disability. If you want to find out if a particular disability or condition gives you certain rights, contact the federal or state agency To be found disabled for purposes of Social Security disability benefits, individuals must that enforces the law in question. If you want to find out if you qualify for a particular program or service, contact the federal or state agency that administers the program to find out the specifics of the disability definition they use.” This information is readily available on the World Wide Web at the following link: http://www.dol.gov/odep/faqs/federal.htm
Analysis: Does the disease of AIDS/ARC/HIV qualify as a disabling condition under the ADA requirements? Is this disease and the effects it has on capacity for life activities a disability?
Yes, now, since 1998, when the U.S. Supreme Court decided the case of Bragdon v. Abbott, the disease of HIV/AIDS does indeed qualify as a disability. However, this is legislation to late for Paul Cr...
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...he hostile environment that was occurring was in direct relation to the violated privacy of Mr. Cronan. NET internal management it is believed could see for itself the exact nature of the harassment and fear problem.
NET failed to recognize or react to either situation. It is imperative to understand that NET was liable for its employees but the employees, as individuals were also liable for their actions. NET lacked the system controls necessary to keep the company liability to a minimum on this issue. Usually with failures such as these, the system internal controls are this company is lacking the most. Ethical behavior among management is key to ethical behavior among employees.
After review of the legal and ethical implications associated with the Paul Cronan Case, we need to understand that the laws in place today to protect someone in Mr. Cronan’s situation were not in place at the time of incident. AIDS/HIV were not considered a disability until many years after this occurred. The Company NET did indeed violate the employee’s rights. NET compromised Mr. Cronan, both ethically and legally. Mr. Cronan was within his rights to file suit against NET.
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