Sunday, March 17, 2019

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

Analysis of the Paul Cronan fact I. Legal Analysis, Issue 1Issue Does party bringing go (Plaintiff Paul Cronan) qualify under the ADA for disability? Rule In Review of ADA and the principles set forth at that time, there argon several relevancies to consider here. A disability is described as followsFor purposes of nondiscrimination laws (e.g. the Americans with Disabilities Act, partitioning 503 of the Rehabilitation Act of 1973 and Section 188 of the Workforce Investment Act), a somebody 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(prenominal) an impairment, or (3) is regarded as having such an impairment. Have a severe disability (or junto of disabilities) that has lasted, or is expected to last, at least 12 months or effect in death, and which prevents working at a substantial gainful exertion level. State vocational rehabilitation (VR) off ices will honour a soul 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 delivery or phrases that have been the subject of lawsuits, as individuals, agencies, and courts try to clarify the cost used in some of these definitions of disability. If you want to find let on if a particular disability or condition gives you certain rights, dawn the national or state agency To be found disabled for purposes of societal 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 existence Wide Web at the following link http//www.dol.gov/odep/faq s/federal.htmAnalysis Does the indisposition of AIDS/ARC/human immunodeficiency virus qualify as a change condition under the ADA requirements? Is this disease and the effects it has on capableness for life activities a disability? Yes, now, since 1998, when the U.S. Supreme Court decided the slipperiness 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 impart relation to the violated privacy of Mr. Cronan. NET internal management it is believed could regulate for itself the exact nature of the harassment and fear problem. NET failed to recognize or react to either perspective. It is imperative to understand that NET was liable for its employees moreover the employees, as individuals were also liable for their actions. NET lacked the system controls necessary to livelihood the company liability to a minimum on this issue. Usually with fa ilures such as these, the system internal controls are this company is lacking the most. estimable behavior among management is key to ethical behavior among employees. Overall Conclusions afterwards review of the legal and ethical implications associated with the Paul Cronan Case, we need to understand that the laws in place today to protect someone in Mr. Cronans situation were not in place at the time of incident. AIDS/HIV were not considered a disability until many 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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