Paul Cronan Case

Paul Cronan Case

LEGAL ANALYSIS MODEL

1. RELEVANT FACTS:

Mr. Paul Cronan, a service technician, began his career with New England Telephone in June of 1973. Mr. Cronan's initial function was that of a file clerk at the Needham, Massachusetts facility. After eighteen months with the company, Mr. Cronan was then transferred to South Boston, where he was working at the time of the allegations in this case.1

During the first half of the year in 1985, Mr. Cronan found himself ill on an irregular basis. On a Thursday in early June, Mr. Cronan's supervisor, Mr. Charles O'Brian, refused Mr. Cronan's third request to leave work for a doctor's appointment. Mr. O'Brian denied the request unless Mr. Cronan told him the "nature of the ailment."2 Mr. Cronan stated that he was being "followed for an AIDS-related condition," noting that he did not have AIDS.3 According to Mr. Cronan, Mr. O'Brian stated that "nobody else would find out."4

Mr. O'Brian told his supervisor, Mr. Paul Cloran the reason for Mr. Cronan's doctor appointment, stating that "it was company practice to inform one's supervisor of... important matters...potentially affecting employee attendance."5 Mr. Cloran in turn told his supervisor. The company's attendance policy states, "If there is an indication that poor health...may be a factor [in the employee's absence,] an appointment shall be arranged for a medical examination of the employee."6 Per the company policy, Mr. Cronan met with the company doctor, during which time he revealed his AIDS-related condition (ARC).7

Two days after the medical examination, Mr. Cronan stated that he received a phone call from a co-worker stating she heard Mr. Cronan had AIDS. The caller stated that others at work were also aware, and that threats had been made to lynch Mr. Cronan if he returned. The following day, Mr. Cronan called his supervisor stating that he would not be reporting for work, and also requested to be placed on medical leave.8

Mr. Cronan began receiving departmental sickness benefits on June 10, 1985. Upon expiration of those benefits a week later, Mr. Cronan began receiving company-paid illness benefits on June 17, 1985. Per the outline of employee benefits, the illness benefits should have lasted at full pay for only 26 weeks and at half pay for an additional 26 weeks based upon Mr. Cronan's tenure with the company. Rather, Mr. Cronan received full pay for all 52 weeks, until June 10, 1986. Upon expiration of the illness benefits, per company policy Mr. Cronan was no longer an employee of New England Telephone.9

In August of 1985, Mr. Cronan obtained a medical certificate stating he was fit to return to his job. In conjunction with his return, however, Mr. Cronan requested to be transferred in response to the threats he had been aware of by his co-workers. Mr. Cronan was told that bathroom stalls were defaced with graffiti, such as "G.A.Y.-Got AIDS Yet?," "This was the toilet Paul used," and "Paul's Stall."10 Mr. Cronan was told that a manager at the Needham garage, where Mr. Cronan began his career with the company, promised to sanitize the bathroom. Mr. Cronan claims that his calls to Mr. Griffin, Mr. O'Brian's replacement, were unanswered with regards to his requested job transfer.11

On September 13, 1985, Mr. Cronan was diagnosed with AIDS. On the same day, the company offered Mr. Cronan his old job along with reasonable accommodations. The letter did not mention a job transfer as Mr. Cronan had requested. On September 16, 1985, the company adopted an AIDS policy, stating that AIDS would be "treated like any other illness."12

2. KEY ISSUES:

Key legal issues in this case include:

1) Is it legal to discuss an employee's medical condition with other co-workers or employees?

2) Is it legal to evade offering a job transfer to a protected employee?

3. LEGAL RULES:

The legal rules in this case include:

1) The Civil Rights Act of 1964, specifically the provisions of Title VII. "The major purpose of these laws is to eliminate job discrimination based on race, color, religion, sex, or national origin."13

2) Americans with Disabilities Act (ADA). The ADA adds the protected classes of handicap and disability to the list of protected classes defined by The Civil Rights Act of 1964. The ADA defines disability as "any physical or mental impairment that substantially limits one or more of an individual's major life activities."14 Physical impairments include physical disorders such as diseases.15

3) In School Board of Nassau County v. Arline 107 S. Ct. 1123, the Supreme Court clarified that a person with a contagious disease, such as tuberculosis, was a handicapped person.16

4) Massachusetts General Law c. 151B Section 4(16) protects HIV-positive or AIDS-infected people from employment-related discrimination.17

5) Massachusetts General Law c. 214, Section 1B states, "A person shall have a right against unreasonable, substantial or serious interference with his privacy."18

4. LIST OF OBSERVATIONS

Mr. Cronan's AIDS diagnosis places him in a protected class defined by the Americans with Disabilities Act. Several courts have ruled that AIDS qualifies as a "handicap" under the ADA,19 which extends to the private sector in areas such as employment, accommodations, restaurants, and stores.20 The ADA classifies a person with AIDS as disabled "in the sense that others' fears of them can interfere with their ability to work, which is a major life activity."21 The Supreme Court previously ruled in School Board of Nassau County v. Arline 107 S. Ct. 1123 that a person with a contagious disease, such as tuberculosis, was a handicapped person.22 Mr. Cronan's religion, gender, race, ethnic origin, and age are not factors in this case. Mr. Cronan's AIDS diagnosis qualifies him for participation in a protected class based upon his handicap or disability.

The ADA requires employers to make reasonable accommodations for disabled employees so that they "can succeed in the workplace."23 When Mr. Cronan contacted the company in August of 1985, he believed that he was fit to return to his job. Along with presentation of medical authorization