Paul_Cronan_Case

Paul Cronan Case I. LEGAL ANALYSIS – ISSUE ONE Are AIDS patients such as Paul Cronan protected by the Americans With Disabilities Act (ADA)' Rule: According to the US Department of Justice, the ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities. To secure protection from discrimination under the ADA, an individual first must show that she has 1) an impairment which 2) substantially limits 3) a major life activity, or that the individual is regarded as having such impairment by the person who is discriminating against her. Analysis: It is imperative to determine whether or not having contracted AIDS qualifies an individual for protection under the ADA. In 1998, the Supreme Court ruled 5-4 in the case Bradgon v. Abbott that individuals with HIV or AID are protected under the ADA. Although the Supreme Court stopped short of concluding that HIV is always, automatically, a disability for purposes of coverage under the ADA, it did note that the concept of "asymptomatic HIV" is something of a misnomer because of the virus' constant, destructive activity and cronan, paul, employees, work, net, sexual, employee, must, harassment, should, aids, medical, individual, ada, job, employer, disability, company, under, reasonable, legal, employment, cronan’s, analysis, one, issue, information, case, right, perform, management, environment, conduct, condition