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Cronan analysis Essay

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Cronan Case Analysis

Legal Analysis

The legal issues in the Cronan case are primarily centered on job discrimination. For employment discrimination to be present, three basic elements must be involved. First, it is a decision against one or more employees that is not based on individual merit, such as the ability to perform the job. This element presumably has been satisfied in the Cronan case as no evidence was presented indicating that Cronan was unable to perform his job. Second, the decision derives solely or in part from racial or sexual prejudice, false stereotypes, or some other kind of morally unjustified attitude against members of the class to which the employee belongs. This element is also present in the Cronan case as was …show more content…

Forklift Systems, Inc. the Court ruled that illegal sexual harassment goes beyond that which causes “injury.” Illegal sexual harassment includes any harassment reasonably perceived as “hostile and abusive.”

Finally, on the subject of sexual harassment, the Supreme Court confronted the issue of harassment of an employee by other employees of the same sex. The Court ruled in 1998 in Oncale v. Sundowner Offshore Services, Inc. that sex discrimination consisting of same-sex sexual harassment is actionable under Title VII. It appears that NET has allowed a hostile sexual driven environment to exist. In addition the Union appears to be allowing the membership to discriminate against Cronan (refusing to be inside same room).

The Civil Rights Act of 1964 is not applicable to the Cronan case since it (the Act) only deals with racial issues and does not cover discrimination based on sex, religion, national origin, age, or handicap. Since there is no evidence of any racial discrimination in the Cronan case, the Civil Rights Act of 1866 would not be applied.

The Americans with Disabilities Act (ADA) of 1990 would have been applicable to the Cronan case if it had been passed before 1985. The major provisions of the ADA prohibit discrimination against the disabled. Under the ADA disability is defined as “any

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