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Legal/ethical Review Paul Cronan Case

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Paul Cronan Case Analysis

By: Rebecca Figone

Date March 9, 2005

I. Legal Analysis, Issue 1

Issue: Does party bringing suit (Plaintiff - Paul Cronan) qualify under the ADA for disability?

Rule:

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 Cronan.

Conclusion of Researcher: In relative conclusion, Cronan does indeed have a condition that meets the requirements set forth by the ADA for a disability.

This information is readily available on the World Wide Web at the following location http://www.usdoj.gov/crt/ada/publicat.htm#Anchor-14210.

II. Legal Analysis, Issue 2

Issue: Is New England Telephone guilty of discrimination against Paul Cronan strictly because he has a disease that is disabling called HIV/AIDS?

Rule: "The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities."

This information is readily available on the World Wide Web at the following location

http://www.usdoj.gov/crt/ada/pubs/ada.txt

In relation to the situation, the following data is also pertinent: "Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.

The first part of the definition makes clear that the ADA applies to persons who have impairments and that these must substantially limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working. An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered.

The second part of the definition protecting individuals with a record of a disability would cover, for example, a person who has recovered from cancer or mental illness.

The third part of the definition protects individuals who are regarded as having a substantially limiting impairment, even though they may not have such an impairment. For example, this provision would protect a qualified individual with a severe facial disfigurement from being denied employment because an employer feared the "negative reactions" of customers or co-workers."

"Discriminate" can be characterized by the following information:

"b) Construction.--As used in subsection (a), the term "discriminate"

includes--

(1) limiting, segregating, or classifying a job applicant or employee

in a way that adversely affects the opportunities or status of such

applicant or employee because of the disability of such applicant or

employee;

(2) participating in a contractual or other arrangement or relationship

that has the effect of subjecting a covered entity's qualified applicant

or employee with a disability to the discrimination prohibited by this

...

...

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