Wednesday, May 29, 2019

Analysis of the Paul Cronan Case Essay -- Legal Analysis Discriminatio

Analysis of the Paul Cronan Case I. Legal Analysis, Issue 1Issue Does party bringing type (Plaintiff Paul Cronan) diversify under the ADA for disablement? Rule In Review of ADA and the principles set forth at that time, there are some(prenominal) relevancies to consider here. A disability is described as followsFor 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 demeanor 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) o ffices will reign 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 damage 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 characterize 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 breeding is readily available on the World Wide Web at the following link http//www.dol.gov/odep/faqs/federal .htmAnalysis 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 judicature 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 Cr... ...he hostile environment that was occurring was in direct relation to the violated privacy of Mr. Cronan. NET internal worry it is believed could see for itself the exact nature of the harassment and fear problem. NET failed to recognize or react to either situation. It is imperative to understand that NET was liable for its employees but the employees, as individuals were also liable for their actions. NET lacked the system controls necessary to keep the alliance liability to a minimum on this issue. Usually with failures such as these, the system internal controls are this company is lacking the most. Ethical behavior among management is key to ethical behavior among employees. Overall ConclusionsAfter review of the legal and ethical implications associated with the Paul Cronan Case, we need to understand that the laws in place today to nurse someone in Mr. Cronans situation were not in place at the time of incident. AIDS/HIV were not considered a disability until legion(predicate) years after this occurred. The Company NET did indeed violate the employees rights. NET compromised Mr. Cronan, both ethically and legally. Mr. Cronan was within his rights to file suit against NET.

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