Chapter 11

Question 1

The American Civil Liberties Union is:

An agency devoted to helping disabled workers
A civil rights watchdog organization
A sexual harassment enforcement agency
A national compensation and benefits organization

Answer 1

A civil rights watchdog organization

Question 2

There is no question that employers need to monitor the working environment to keep it safe for all employees, but what is the risk of overmonitoring?

Employee efficiency will drop
Employees will have a lack of trust for the employer
Employers will be unable to find the best workers
Employers won’t like their employees as much

Answer 2

Employees will have a lack of trust for the employer

Question 3

What is the essence of privacy?

The right to be left alone
The right to do whatever you want when alone
The right to federal secrets
The right to make personal opinion public

Answer 3

The right to be left alone

Question 4

What does the fourth amendment prohibit?

Employees divulging personal information at work
The hiring or firing of an individual based on race
A person having to make a statement in the court of law
Unreasonable governmental searches into private affairs of employees

Answer 4

Unreasonable governmental searches into private affairs of employees

Question 5

What does the Federal Privacy Act of 1974 govern?

Broadcasting media
Employees’ right to discuss company policies with the general public
Private sector employers’ intrusion on their employees
The release of private information by federal agencies about public employees

Answer 5

The release of private information by federal agencies about public employees

Question 6

In which of the following may an employee not have a reasonable expectation of privacy?

Locked desk drawers
Personal space at work
Company-owned computer
Lockers

Answer 6

Company-owned computer

Question 7

Invasion by an employer into the private affairs of an employee may be the ______ of invasion of privacy.

Tort
Act
Passage
Regulation

Answer 7

Tort

Question 8

In order to establish a claim of intrusion upon seclusion at work, an employee must show there was: 1) unauthorized employer intrusion or prying into his or her seclusion; 2) the employer intrusion was highly offensive to a reasonable person; 3) the matter intruded upon was private; and:

The intrusion caused anguish and suffering
The intrusion was of a deviate nature
The intrusion caused annoyance and displacement
The intrusion had monetary motivation

Answer 8

The intrusion caused anguish and suffering

Question 9

In an appropriation of likeness or image tort:

An employee cannot be terminated by reason of outside appearance
An employee may not be hired for reasons of outside appearance alone if job qualifications do not align
An employer may not use the name, likeness, or image of an employee for commercial purposes in a way that is not contemplated by the actual job the employee holds
An employer broadly publishes statements about an employee that is not true and which hurts the employee’s reputation

Answer 9

An employer may not use the name, likeness, or image of an employee for commercial purposes in a way that is not contemplated by the actual job the employee holds

Question 10

Drug testing law is the same for both public and private sectors.

TRUE OR FALSE

Answer 10

False

Question 11

The federal Drug Free Workplace Act of 1988 requires federal contractors doing more than _____________ in business with the federal government to ensure a drug-free workplace through education and enforcement of drug-free policies.

$75,000
$150,000
$100,000
$50,000

Answer 11

$100,000

Question 12

What governs drug testing of private employees?

State law
Federal law
Common torts
Common law

Answer 12

State Law

Question 13

Which of the following is not a requirement of the Omnibus Transportation Employee Testing Act (Omnibus Act)?

Chain of custody rules
Procedures for ensuring drug test accuracy
Biannual scheduled drug tests
Employee discipline procedures

Answer 13

Biannual scheduled drug tests

Question 14

The Electronic Communications Privacy Act (ECPA) prohibits employers from purposefully intercepting by electronic means any employee wire, oral, or electronic communications, as well as:

Accessing, without permission, personal working areas
Firing an employee for posting on a non-work related website during working hours
Accessing, without permission, stored electronic communications
Taking disciplinary actions based on social media content

Answer 14

Accessing, without permission, stored electronic communications

Question 15

Why is searching emails not prohibited by the EPCA?

Because if it is done during working hours, there is nothing private in an employee’s life
It is viewed after, not during, transit
The internet is public domain, so search and seizure of email messages is okay
It is sent with company equipment

Answer 15

It is viewed after, not during, transit

Question 16

Which of the following is not an area or situation in which employers may set up surveillance?

Parking lots
Fitness areas
During a union meeting
Break rooms

Answer 16

During a union meeting

Question 17

What is the purpose of the Fair Credit Reporting Act?

It prevents employers from viewing credit information under any circumstance
It prevents employees from using false credit information
It regulates how consumer reporting agencies collect, correct, disseminate, and use consumer credit information
It regulates employees fraudulently using credit card information of other employees

Answer 17

It regulates how consumer reporting agencies collect, correct, disseminate, and use consumer credit information

Question 17

Under the NLRA, what action may the employer take if two employees engage in an online discussion about working conditions?

Nothing, the employer cannot retaliate
Demand them to cease and desist
Fire the employees
Report them to the NLRA

Answer 17

Nothing, the employer cannot retaliate

Question 18

Before an employer may seek an inquiry into the background of a job applicant or employee through the use of a CRA consumer credit report, it must obtain what item?

Written consent from the applicant
Warrant from a judge
Written consent from the NSLR
Written consent from the ADA

Answer 18

Written consent from the applicant

Question 19

The FCRA provides that if an employer uses an investigative report, it must give notice to the applicant so that he/she may request additional disclosures and a summary of the scope and substance of the report.

TRUE OR FALSE

Answer 19

True