Privacy in workplace

Question 1

2 conditions that make search of personal space at work permissible

Answer 1

Justified at start

Limited in scope in its execution

Question 2

common law 4 torts under invasion of privacy umbrella

Answer 2

Intrusion upon seclusion
Public disclosure of private facts
Placement in false light
Appropriation of image or likeness

Question 3

Common law definition of a tort

Answer 3

commission of civil wrong that causes someone to suffer loss or harm, resulting in legal liability

Question 4

elements of intrusion upon seclusion

Answer 4

1.unauthorized intrusion
2.highly offensive
3.private matter
4.caused anguish/suffering
deals with collection of info, not dissemination
unreasonable surveillance without notice is intrusion

Question 5

pre employment tests should only be used in this case

Answer 5

link exists between test and its predictive behavior for success in a job function

Question 6

valid pre employment test types

Answer 6

skill
language
aptitude
stamina
intelligence
social skills
personality tests

Question 7

actions to increase defensibility of drug testing

Answer 7

clear policy defining purpose and business reason
when (pre employment, random, post accident)
state procedure for those using medication
stipulate consequence

Question 8

Omnibus Transportation Employee Testing Act

Answer 8

Omnibus Act
authorizes regulates drug testing of employees in airline, rail, trucking, public transportation
requires pre hire testing, random
sets procedures for accuracy, chain of custody, discipline

Question 9

drug testing for public employees

Answer 9

4th amendment

drug test is govt search per Supreme Court

Question 10

Drug Free Workplace Act of 1988

Answer 10

federal contractors doing $100k+ with feds must ensure drug free workplace through education and enforcement
testing not mandated

Question 11

medical testing governed by

Answer 11

ADA
pre employment medical testing prohibited
allowed after conditional offer of employment is made
authorized only if given to all applicants
voluntary exams are authorized
post hire tests restricted in scope

Question 12

Employee Polygraph Protection Act of 1988

Answer 12

prevents employers using polygraph test for recruiting and retention
excludes federal, state, local government employers
addl exemptions for defense, security, FBI, pharmaceutical
allowed with reasonable suspicion of unlawful acts
not allowed for suspicion of drug use, theft from coworker, accidents, shortages
refusal cannot be sole basis for termination
$10k fine

Question 13

ECPA

Answer 13

Electronic Communications Privacy Act

Question 14

what does ECPA prevent employers from doing

Answer 14

intercepting any employee wire, oral, electronic communication
accessing stored electronic communications without permission

Question 15

FCRA

Answer 15

Fair Credit Reporting Act

regulates how CRAs collect, correct, disseminate and use consumer credit info

Question 16

type of info covered by FCRA

Answer 16

medical records/payments
residential/tenant history
check writing history
employment history
insurance claims

Question 17

pre adverse condition

Answer 17

statement issued to applicant about negative information found and their rights

Question 18

test content validity

Answer 18

job analysis data measures job related skill for pre employment test