Paul Cronan Case

16 Pages 4093 Words

t from work. However, O’Brian did not have the right to inform those individuals who were not in the proper management positions. By doing so, not only did he impede upon Cronan’s rights, but he helped to facilitate an uncomfortable and hostile work environment.

II. LEGAL ANALYSIS – ISSUE TWO

Legal Issue Two:

Did the New England Telephone Company (NET) violate Paul Cronan’s right to privacy when they revealed his medical condition to other employees?

Assumption:
Cronan revealed his condition solely to O’Brian and no one else at the company; therefore, the only way that this information could have been disseminated throughout the workforce was via O’Brian and other management.

Rule:

Medical information regarding any employee, regardless of current health status, is required to be stored in a confidential file that is a separate entity from any other employment records.

The ADA states that only the following three groups of people are allowed access to confidential medical files:
• Supervisors and managers who need to know about any work restrictions or accommodations
• First aid and safety personnel in the event that the disability requires emergency treatment
• Government officials investigating whether the employer is complying with ADA regulations.

Analysis:

To properly analyze this issue one must separate the two groups of individuals who were made aware of Paul’s condition. These groups can be divided into company management and the general employees. In this case, it is necessary to determine an individual’s function within the company to assess whether or not they should have been privy to this information.

Although Cronan revealed his condition to O’Brian only after being promised secrecy, O’Brian did have the legal right to pass along the information to his superiors. Cronan’s HIV status was compromising his attendance record at work and therefore manag...