Paul Cronan Case Analysis

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MBA C601

Legal and Ethical Analysis of Paul Cronan

Derek Koga

1/14/2007


LEGAL CASE ANALYSIS

I. FACTS

On October 22, 1986, 29 employees of New England Telephone Company (NET) walked off their jobs to protest the return of Mr. Paul Cronan, whom is diagnosed with Acquired Immune Deficiency Syndrome (AIDS), to work amongst them in the Needham, Massachusetts work site (1).

Mr. Paul Cronan was hired by NET in June 1973 as a file clerk and later became a service representative and eventually became a service technician in 1983 (2). As a service technician, Mr. Paul Cronan first worked in the Needhame, Massachusetts site for 18 months and was transferred to the South Boston site (3).

From January to June of 1985, Mr. Paul Cronan was ill with symptoms of AIDS-related complex (ARC) (4). During which time, Mr. Paul Cronan had asked his supervisor Mr. Charles O’Brian twice for permission to leave work for a doctor’s appointment without incident. However, on the 3rd time, Mr. Charles O’Brian wouldn’t approve Mr. Paul Cronan’s doctor’s visit unless Mr. Paul Cronan discloses the reason for the visit (5).

Mr. Paul Cronan confided in Mr. Charles O’Brian about his ARC condition and had secured Mr. Charles O’Brian’s verbal promise that this matter would not be discussed with anyone else (6). Subsequently, Mr. Charles O’Brian told 3 of his supervisors and also his successor, Mr. Richard Griffin, about Mr. Paul Cronan’s medical condition (7).

Mr. Charles O’Brian stated that he had been instructed by higher management to find out the cause of Mr. Paul Cronan’s unsatisfactory attendance record and that the 3rd request by Mr. Paul Cronan offered the opportunity to discover the truth (8). Upon discovering Mr. Paul Cronan’s medical condition, Mr. Charles O’Brian followed company policy and procedure and requested Mr. Paul Cronan to be examined by the company doctor (9).

The company doctor concluded that Mr. Paul Cronan was suffering AIDS-anxiety, even after Mr. Paul Cronan had stated that he had ARC condition (10).

Two days later, Mr. Paul Cronan received news that his medical condition is known by his coworkers and that he would be lynched if returned to work (11). A day later, Mr. Paul Cronan asked his supervisor to put him on a medical leave (12).  During summer of 1985, Mr. Paul Cronan received news that graffiti had been written on the bathroom stalls at work with “G.A.Y. – Got AIDS Yet” (13)

On June 10, 1985, Mr. Paul Cronan began receiving departmental sick benefit for 1 week, after which the company paid illness benefit kicked in (14). On June 21, 1985, Mr. Paul Cronan’s personal physician send a medical certificate to NET stating that Mr. Paul Cronan was disabled and would not return to work for another 3 months through September, 21, 1985 (15). Eventually, Mr. Paul Cronan’s company illness benefit was extended for another 9 months (16).

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During Mr. Paul Cronan’s medical leave, he had heard that a NET manager in Brookline, Massachusetts had announced to several employees that he had AIDS (17). Mr. Paul Cronan’s also heard that another manger at Needham wanted to disinfect the bathroom facilities there even though Mr. Paul Cronan had not worked at Needham for almost two years (18).

On September 13, 1985, Mr. Paul Cronan was diagnosed with AIDS, also on the same day, NET send him a letter stating that NET must perform a medical evaluation before placing him in a job position and even if the ...

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