to permit him to continue working once it became apparent that he had contracted the HIV virus. The key fact bearing on NET's responsibility to make a reasonable accommodation to his illness was the state of his health at the time of the decisions made by NET now and in the future. The key facts bearing on the reasonableness of the walkout staged by Cronan's co-workers are the nature of the duties they and Cronan perform and whether NET had contributed to the development of unreasonable fears on their part that they might contract AIDS from Cronan. The key facts pertaining to NET's liability to Cronan for the actions taken by his co-workers are NET's knowledge of their threats and the steps taken by NET to prevent them from becoming a reality once it became aware of them.
b. Critical Issues. Did NET have an obligation under state law or company policy to preserve the confidentiality of the medical information concerning his illness? Did they breach that obligation? What obligation did NET have under state or federal law or under its policy not to discriminate against Cronan on account of his illness? Was his medical condition a disability? What legal steps was it obliged to take to avoid being found to have discriminated?
What standard should apply in determining whether the co-employees had just cause to walk off the job after Cronan returned to work? What causes of action would Cronan have for holding NET responsible for actions taken by co-workers against him? for holding the co-workers responsible?
c., d. and e. Discussion of Legal Standards and Their Applicability
Potential Liability to Cronan. By settling with Cronan, NET has avoided liability to him under the law suit he filed, but it remains exposed to other employees who contract AIDS, as discussed below.
Massachusetts was one of the first states (in 1983) to prohibit discrimination against anyone on account of their handicap in "any program or activity with...