Paul Cronan Case Analysis

9 Pages 2172 Words

tial lawsuit. He wanted to ensure he was offered a new job assignment in light of the perceived hostile workplace of his previous assignment. When Mr. Cronan’s illness benefits ran out his employment was terminated per company policy. He wanted to return to full-time status but believed the company would not permit it due to his AIDS condition.1

The 1964 Civil Rights Act, with its addition of the ADA a few years later, protects classes defined by race, color, religion, ethnic origin, gender, age, handicap and disability. AIDS is covered by the ADA not because of any obvious mental or physical condition, but because society’s fear of the disease may interfere with the individual’s ability to work. The plaintiff in this case, Paul Cronan, alleged that NET discriminated against him on the basis of a handicap, AIDS. NET denied these allegations saying that Mr. Cronan never responded to their offer to return to work nor made any attempts to be reinstated and that he did not suffer a handicap as defined by the ADA. In order for Mr. Cronan to prevail in the discrimination part of the lawsuit under the ADA, he had to prove that he was the recipient of disparate treatment of a protected class distinguished from treatment of other employees. I think Mr. Cronan did not receive adequate assurances from NET to protect him from hostility in the workplace, guarantees for transfer to a new work assignment, and other reasonable accommodations for his disability. NET also did not make any provisions to prevent his termination in compliance with the ADA but went solely by existing company policy which terminated employment when disability compensation ran out.

NET denied all allegations and said Mr. Cronan voluntarily disclosed his condition and never responded to initial offers to return to work. I believe that NET may have intended to comply with the law, but consequences negated any good intent. NET rewrote company AIDS policy but did not...