The English Subjects in Saudi Arabia

The principal ethical issues in the case gift to do with whether give the axe has treated every(prenominal) of its employees fairly, those such as Cronan who suffer from AIDs, as well as co- rifleers.

a. Relevant facts. The key facts bearing on the liability of salary to Cronan was the way in which it hand direct his initial disclosures and ex final causeations for his absences, in effect forcing him to admit to company aesculapian examinations, failing to keep confidential the results of those examinations and and so refusing to permit him to continue puzzle outing 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 unsoundness was the order 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 practise and whether NET had contri exclusivelyed to the development of unreasonable fears on their part that they competency contract aid 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(p) 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

d. Alternatives. The goal of an AIDS education program "is to go off myths, present the company's policy, and discuss ways to prevent the spread of the disease." (Michael D. Esposito and Jeffrey E. Myers, Managing AIDS in the Work pop EMPLOYEE RELATIONS L. J. 55 (Spring 1993). Education of the work ability must be pursuant to a well-conceived plan which has the support of top management and be implemented at all levels of the organization. According to Squire, "the spread of the AIDS crisis to the work force dictates positive employer action to respond to employee fears.

An employer can create a harmonious and sensitive workplace atmosphere in place of pandemonium through promulgating AIDS-related policies and institution planned programs to educate the work force about the disease" (supra, 339).

Madeline C. Squire, Arbitration of Health and natural rubber Issues in the Workplace, 44 ME. L. REV. 315-344 (1992).

Kelly takes a similar view. He says that under state and federal Occupational Safety and Health Regulations an employee " may refuse to work with an HIV-infected employee only if his fear is objectively reasonable." (Joseph Kelly, HIV-AIDS at the Workplace, LAB. L.J. 762 (Dec. 1992).

Whether or not the grievance covering the work checkout is supported by just cause depends on the applicable standard. The general rule is that a reasonable person or objective standard must be applied. Squire says that in almost all labor arbitrations an objective standard is used, but that the employer has the burden of showing that discharge is an appropriate remedy. The penalty willing be mitigated if the union can show that the employer contributed to the employees' fears which led to the conduct in question. In Minnesota Department of Corrections, 85 Lab. Arb. Rep. (BNA) 1185 (1985) (Gallagher, Arb.), a work stoppage of guards in a prison house where a prisoner came down with AIDS may have been precipitate in part by a memorial from the warden which stated at p. 1190 that "no
Order your essay at Orderessay and get a 100% original and high-quality custom paper within the required time frame.