Chapter 7: Workplace Privacy

Question 1

FCRA relation to Workplace Privacy

Answer 1

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

Question 2

CFPB Sterling Infosystems enforcement

Answer 2

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

Question 3

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

Answer 3

Department of Labor

Question 4

EPPA

Answer 4

Employee Polygraph Protection Act

Question 5

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?

Answer 5

EEOC

Question 6

What does NLRB control?

Answer 6

Relationship between unions and employees
Workers rights

Question 7

OSHA (Agency)

Answer 7

Handles workplace safety and complaints.

Question 8

Who can request permitted disclosures of worker health information?

Answer 8

OSHA

Question 9

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

Answer 9

SEC

Question 10

Title VII protects jobs seekers based on… (7)

Answer 10

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

Question 11

Examples of reasonable accommodation… (4)

Answer 11

Modified workstations
Adaptive technology
Modified policies
Making facilities accessible

Question 12

Examples of public accommodations and services…

Answer 12

Public transportation
Wheelchair access
Elevator availability
Telephones
Public buildings

Question 13

ADA Undue Hardship

Answer 13

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

Question 14

ADA hiring discrimination

Answer 14

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

Question 15

Information about disabilities that an employer possesses must…

Answer 15

Be kept in a separate confidential file

Question 16

Genetic Information Nondiscrimination Act (GINA) (2)

Answer 16

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…

Question 17

GINA: If genetic info is encountered…

Answer 17

It is stored separately and kept confidential

Question 18

Does FCRA apply to consumer reports used for employment purposes?

Answer 18

Yes

Question 19

Background screening requirements for employers

Answer 19

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

Question 20

Investigative report

Answer 20

Consumer report that includes interviews with contacts

Question 21

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

Answer 21

No

Question 22

Personality or behavior tests

Answer 22

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.

Question 23

Polygraph testing for employment

Answer 23

Not permitted directly or indirectly. (not even suggested)

Question 24

Law covering polygraph testing in the workplace…

Answer 24

EPPA

Question 25

EPPA exemptions (4)

Answer 25

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

Question 26

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

Answer 26

No

Question 27

Can identity groups be targeted for drug or alcohol testing?

Answer 27

No

Question 28

Types of jobs that are required to drug test...

Answer 28

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

Question 29

Employer social media checks

Answer 29

Must not use information related to protected class in hiring

Question 30

States with laws covering biometric workplace data (3)

Answer 30

Illinois Texas Washington

Question 31

Wellness programs

Answer 31

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.

Question 32

How do employers manage ECPA wiretapping/monitoring concerns?

Answer 32

Notice and consent in an employee handbook

Question 33

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

Answer 33

Policies, notice, and consent

Question 34

Can companies open employee snail mail?

Answer 34

Yes

Question 35

Monitoring union employees

Answer 35

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

Question 36

Which law created a FCRA exception for employee investigations?

Answer 36

FACTA

Question 37

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

Answer 37

Showing the purpose of the investigation is employee misconduct

Question 38

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

Answer 38

Copy of the report

Question 39

Transition management

Answer 39

Steps taken to protect privacy when an employee terminates

Question 40

Why is record retention important in employment cases?

Answer 40

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

Question 41

Service letter acts

Answer 41

Laws requiring companies to confirm employment