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CIPP/US 2021 > Chapter 7: Workplace Privacy > Flashcards

Chapter 7: Workplace Privacy Flashcards

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U.S. Geography flashcards
1
Q

FCRA relation to Workplace Privacy

A

Companies run credit reports (consumer reports). Those are regulated by the FTC, who enforces the FCRA.

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2
Q

CFPB Sterling Infosystems enforcement

A

2019 Provided inaccurate or wrong background check information.
Fined $6 million for victims and $2 million in penalties.

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3
Q

Who enforces the FMLA, OSHA, and EPPA (employee polygraph protection act)?

A

Department of Labor

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4
Q

EPPA

A

Employee Polygraph Protection Act

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5
Q

Who enforces Title VII of the Civil Rights Act, The Age and Employment Discrimination Act, Title 1 of the ADA, and the Genetic Information non-discriminatory Act?

A

EEOC

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6
Q

What does NLRB control?

A

Relationship between unions and employees
Workers rights

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7
Q

OSHA (Agency)

A

Handles workplace safety and complaints.

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8
Q

Who can request permitted disclosures of worker health information?

A

OSHA

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9
Q

Which agency can request information about the workforce that is relevant to investors?

A

SEC

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10
Q

Title VII protects jobs seekers based on… (7)

A

Race
Religion
National Origin
Gender
Pregnancy
Childbirth status
Age (over 40)

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11
Q

Examples of reasonable accommodation… (4)

A

Modified workstations
Adaptive technology
Modified policies
Making facilities accessible

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12
Q

Examples of public accommodations and services…

A

Public transportation
Wheelchair access
Elevator availability
Telephones
Public buildings

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13
Q

ADA Undue Hardship

A

Employers are not required to provide accommodations that require “significant difficulty or expense”

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14
Q

ADA hiring discrimination

A

Employer can’t use disability as a reason to not hire a qualified applicant

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15
Q

Information about disabilities that an employer possesses must…

A

Be kept in a separate confidential file

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16
Q

Genetic Information Nondiscrimination Act (GINA) (2)

A

Illegal to use genetic information for hiring and other HR decisions
Illegal for employers to gather genetic information
Few exceptions when an employer encounters genetic info…

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17
Q

GINA: If genetic info is encountered…

A

It is stored separately and kept confidential

18
Q

Does FCRA apply to consumer reports used for employment purposes?

A

Yes

19
Q

Background screening requirements for employers

A

Written notification
Written authorization stating if it’s a one time check or will be repeated
Inform candidates if personal contacts will be interviewed
Certify to the background check company that they are compliant with FCRA and other laws

20
Q

Investigative report

A

Consumer report that includes interviews with contacts

21
Q

Does FCRA cover investigations performed by the employer without 3rd parties?

A

No

22
Q

Personality or behavior tests

A

Allowed as long as they are limited to an applicants job related knowledge, skills, abilities.
If they reveal disability or protected class info, they may violate the law.

23
Q

Polygraph testing for employment

A

Not permitted directly or indirectly. (not even suggested)

24
Q

Law covering polygraph testing in the workplace…

A

EPPA

25
Q

EPPA exemptions (4)

A

Government employees
National security employees
Pharmaceutical employees in critical roles
Those suspected of stealing

26
Q

Can employers factor in history of substance abuse or seeking treatment for substance abuse?

A

No

27
Q

Can identity groups be targeted for drug or alcohol testing?

A

No

28
Q

Types of jobs that are required to drug test…

A

Some DOD
Transportation
Federal national security and law enforcement
Some local emergency responders

29
Q

Employer social media checks

A

Must not use information related to protected class in hiring

30
Q

States with laws covering biometric workplace data (3)

A

Illinois
Texas
Washington

31
Q

Wellness programs

A

They may reveal a protected class. Also, potential risks with using incentives such as the Yale case, where people had to Opt Out and lose money.

32
Q

How do employers manage ECPA wiretapping/monitoring concerns?

A

Notice and consent in an employee handbook

33
Q

How do companies deal with privacy of worker stored communications (ECPA)?

A

Policies, notice, and consent

34
Q

Can companies open employee snail mail?

A

Yes

35
Q

Monitoring union employees

A

Cannot explicitly monitor union activity or give the impression of doing so.

36
Q

Which law created a FCRA exception for employee investigations?

A

FACTA

37
Q

What must be provided to allow an investigative report on an employee?

A

Showing the purpose of the investigation is employee misconduct

38
Q

What must be provided to an employee if a report impacts a decision from an investigation?

A

Copy of the report

39
Q

Transition management

A

Steps taken to protect privacy when an employee terminates

40
Q

Why is record retention important in employment cases?

A

Protects the company from accusations and risks of records mismanagement in eDiscovery.

41
Q

Service letter acts

A

Laws requiring companies to confirm employment

CIPP/US 2021 (13 decks)

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