Paul Cronan Analysis

A. Relevant Dates and Facts

a. 1973 - Paul Cronan hired by New England Telephone (NET) straight from high school. He began working as a file clerk.

b. 1983 - Cronan was promoted to Service Technician.

c. January to June 1985 - Cronan was ill at various times, having symptoms of AIDS-related complex (ARC).

d. June 1985 - Cronan was denied permission to leave work for a medical appointment by his supervisor, Charles O'Brian. O'Brian had given permission on two other occasions, but refused this third time unless Cronan revealed the reason for the appointment. Cronan told O'Brian of his condition only after O'Brian promised the information would be held in confidence. O'Brian excused Cronan for his medical appointment. The next day, Cronan was required to see a company doctor who examined him for 10 minutes.

Several days after the appointment, a co-worker phoned Cronan to say that she had heard Cronan was infected with AIDS.

e. June 10, 1985 - Cronan began receiving departmental sickness benefits after phoning his supervisor and requesting medical leave. One week later, Cronan began receiving company paid illness benefits.

f. June 21, 1985 - Cronan's personal physician provided a medical certificate stating that Cronan was disabled for 3 months. This certificate was renewed and extended for one year.

g. During the summer of Cronan's absence, graffiti was written on the bathroom walls at work.

h. August 1985 - NET department heads from Personnel, Labor Relations, and Medical began meeting to talk about the potential impact of AIDS on the company and its workforce. O'Brian is replaced by Griffin as Cronan's supervisor.

i. September 13, 1985 - Cronan diagnosed with AIDS.

j. September 16, 1985 - NET announces new corporate AIDS policy.

k. December 1985 - Cronan, with the help of the Civil Liberties Union of Massachusetts, files a lawsuit in state court against NET. He charges that NET violated state privacy laws and discrimination.

l. January 1986 - NET tries to have the case moved to federal court.

m. June 10, 1986 - Cronan's illness benefits run out and NET puts him on disability which equals 50% of his wages.

n. October 16, 1986 - Cronan and NET reach an out of court settlement where by Cronan is able to return to work and he receives a transfer.

B. Critical Issues

a. Privacy - Cronan's right to privacy may have been violated when his supervisor revealed his medical information to management other than O'Brian's immediate supervisor.

b. Discrimination - Cronan may have been discriminated against by his dismissal when his medical benefits had run their course.

c. Sexual Harassment - Slogans were written on the bathroom stall walls during his medical leave that made Cronan fear for his personal safety upon his return to work.

d. Disability - AIDS was not considered a disability in 1985, but we are considering it here for our purposes. Cronan had a debilitating disease in AIDS and should have had accommodations afforded him with respect to the American with Disabilities Act of 1990.

C. Laws and Legal Principles

a. Privacy - Massachusetts General Law states "A person shall have a right against unreasonable, substantial or serious interference with his privacy."

b. Discrimination - The Civil Rights Act of 1964, Title VII--Equal Employment Opportunity, Section 703:

i. It shall be an unlawful employment practice for an employer:

1. to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

2. to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.

c. Sexual Harassment - "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment."

d. Disability - "a physical or mental impairment that substantially limits one or more of the major life activities of such individual."

D. Observations

a. Privacy - Cronan had a reasonable expectation that his medical condition would remain private, even after divulging it to O'Brian, his supervisor. Exhibit 4 of this case study has an excerpt

from NET's General Administrative Procedure Manual defining its privacy policy with respect to employee records. Cronan expected that the information he told O'Brian would remain confidential. Even if O'Brian was required to pass the information up the management chain, there was an expectation of privacy. The fact that this information found its way to Cronan's co-workers illustrates that privacy was not kept in the matter.

b. Discrimination - As a gay man, Cronan may have felt he was being trated differently than others. While not specifically covered in the Civil Rights Act of 1964, he may have been treated differently than another employee with a different medical condition.

c. Sexual Harassment - Due to the stigma of AIDS in the 1980s and the other employees reaction to Cronan's having the disease, he does have a case. Cronan reported feeling well enough to return to work in August of 1985, but the rumors of slogans on the bathroom stalls and the fear of bodily harm kept him away when his request for a transfer went unanswered.

d. Disability - While AIDS can be a disabiling disease, Cronan's abilities were not documented to be diminished by his case. Yes, he was hospitalized during his medical leave, but there is no evidence that his abilities were permanently diminished during the term of the case.

E. Conclusions

a. Privacy

...