AIDS AND THE WORK ENVIRONMENT: PAUL CRONAN AND THE NEW ENGLAND
This analysis discusses the legal and ethical issues arising out of the first case of AIDS contracted by an employee of New England Telephone Company (NET) Paul Cronan (Cronan) in the mid-1980s. As of the time NET settled with Cronan and reinstated him in 1986, the company was facing a serious work stoppage at its Needham garage by Cronan's co-employees who are fearful of returning to work and have made threats against him. The company has avoided substantial liability to Cronan through the settlement, but it should take his case as a warning that its policies are dangerously inadequate to deal with other AIDS cases which are likely to arise in the future. Only a comprehensive approach to the problem of AIDS in the workplace will head off serious employee relations problems.
The legal issues facing NET fall into three categories: (i) its liability to Cronan and other employees who suffer from AIDS under state and federal law because of its policies and practices; (ii) its obligations to Cronan's co-workers with respect to their health and safety concerns and their walkout from work; and (iii) its potential liability to Cronan and other employees who suffer from AIDS because of actions taken by the co-workers against Cronan and such other employees. In addition, the co-workers themselves may incur certain legal liabilities to Cronan and such other employees through their actions.
The principal ethical issues in the case have to do with whether NET has treated all of its employees fairly, those such as Cronan who suffer from AIDs, as well as co-workers.
a. Relevant facts. The key facts bearing on the liability of NET to Cronan was the way in which it handled his initial disclosures and explanations for his absences, in effect forcing him to submit to company medical examinations, failing to keep confidential the results of those examinations and then refusing ...