Topic 11

Question 1

The right of an individual to be left alone.

Answer 1

Privacy

Question 2

The American Civil Liberties Union receives more complaints about this than any other issue:

Answer 2

Workplace privacy problems

Question 3

Employers listening to personal phone calls
Employers reading emails
Employers installing cameras

Answer 3

Employee privacy complaints

Question 4

Most employees do not understand that the fundamental privacy protections implied by the Constitution __________ to governmental intrusion and ________ to employer action.

Answer 4

Do apply : do not apply

Question 5

What major event happened in 2013 that sharply focused the national and international debate on privacy?

Answer 5

The NSA had recorded details of virtually every telephone call, email, and text made by Americans

Question 6

Federal statutes
The common law
Reference to the Constitution

Answer 6

How privacy is protected in the workplace

Question 7

In the public employer realm, ___________ and _______________ govern how employers may monitor employees.

Answer 7

The Constitution : federal privacy laws

Question 8

Limited in execution
Limited in scope
Justified at the start

Answer 8

Qualifiers for a “reasonable search”

Question 9

The Privacy Act places a duty to ensure privacy and accuracy of the records on:

Answer 9

The custodian of the records

Question 10

The Privacy Act has carved out ___ exceptions to its policy which provide for a common sense approach to revealing information which is necessary for the functioning of government, in response to a court order, or for national security.

Answer 10

11

Question 11

If the privacy of an employee is violated by unlawful disclosure of information in a federal employee personnel file:

Answer 11

The employee may seek civil and even criminal action against the offending federal agency

Question 12

The commission of a civil wrong which causes someone to suffer loss or harm, resulting in legal liability.

Answer 12

Tort

Question 13

A type of tort in which an employer intrudes upon an employee’s private information.

Answer 13

Intrusion Upon Seclusion

Question 14

A type of tort in which an employer negligently or intentionally discloses an employee’s private information.

Answer 14

Public Disclosure of Private Facts

Question 15

A type of tort in which an employer publishes statements about an employee that are untrue and hurt the employee’s reputation.

Answer 15

False Light

Question 16

A type of tort in which an employer uses the name, image, or likeness of an employee for commercial purposes in a way that is not described in the job description.

Answer 16

Appropriation of Image or Likeness

Question 17

In the private employer realm, there is no constitutional protection against invasion of privacy, as no governmental action is involved. (T/F)

Answer 17

True

Question 18

The intrusion upon seclusion tort deals with the _____________ of information about an individual, rather than the _____________ of that information, and can involve a physical or electronic invasion.

Answer 18

Collection : dissemination

Question 19

A method of testing for an employer to prevent the use of drugs among its employees.

Answer 19

Drug Testing

Question 20

Enacted in 1988, it requires federal contractors to enforce drug-free policies.

Answer 20

Drug Free Workplace Act

Question 21

Enacted in 1988, it prevents employers from using polygraph tests for recruiting or retention purposes.

Answer 21

Employee Polygraph Protection Act

Question 22

Enacted in 1991, it authorizes and regulates the drug testing of employees in the airline, railroad, trucking, and public transportation sectors.

Answer 22

Omnibus Transportation Employee Testing Act (Omnibus Act)

Question 23

A method of testing for an employer to discover information about its employee’s impairments or health.

Answer 23

Medical Testing

Question 24

In order to drug test federal employees, the governmental agent must have _________ that an employee is engaged in illegal drug use.

Answer 24

A reasonable suspicion

Question 25

Enacted in 1986, it prohibits employers from intercepting or accessing employee communications.

Answer 25

Electronic Communications Privacy Act (ECPA)

Question 26

It is estimated that over half of large firms monitor employee:

Answer 26

Email

Question 27

Courts have upheld the rights of employers to video record employees when there is a business need and:

Answer 27

Employees are given notice about the filming

Question 28

If investigating an employee’s disability claim, the employer has the right to collect footage of the employee:

Answer 28

In public places

Question 29

Information placed on social media by an employee is no longer considered private and may be obtained by the employer. (T/F)

Answer 29

True

Question 30

Many states have enacted laws to protect the privacy of employees and applicants on social media. Which of the following is protected?

Answer 30

Employees expressing political views

Question 31

Online employee statements relevant to the conditions of employment and union organizing activities are protected activity under the:

Answer 31

NLRA

Question 32

Several states, including Nevada, California, and Utah, have passed legislation prohibiting an employer from requiring an employee or applicant to:

Answer 32

Disclose user names or passwords to personal online social media accounts as a condition of employment

Question 33

An entity that collects and provides information about persons for use in credit and/or employment evaluation.

Answer 33

Consumer Reporting Agency (CRA)

Question 34

A statement issued to an applicant from an employer that discloses negative information found and information about his or her rights.

Answer 34

Pre-adverse Action

Question 35

Requires employers take specific steps prior to requesting or using a consumer report (disclosure, written permission, notice of adverse action, right to dispute).

Answer 35

Fair Credit Reporting Act (FCRA)

Question 36

Any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used, or expected to be used, or collected in whole, or in part, for the purpose of serving as a factor in establishing the consumer’s eligibility for… employment purposes… is known as:

Answer 36

A consumer report

Question 37

If an employee or applicant consents to having a background check, the employer must provide to the CRA certification that it has complied with:

Answer 37

The notice and authorization requirements of the FCRA

Question 38

The American Civil Liberties Union is:

Answer 38

A civil rights watchdog organization

Question 39

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 over monitoring?

Answer 39

Employees will have a lack of trust for the employer

Question 40

What does the fourth amendment prohibit?

Answer 40

Unreasonable governmental searches into private affairs of employees

Question 41

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

Answer 41

Company-owned computer

Question 42

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

Answer 42

Tort

Question 43

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:

Answer 43

The intrusion caused anguish and suffering

Question 44

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

Answer 44

In an appropriation of likeness or image tort:

Question 45

Drug testing law is the same for both public and private sectors. (T/F)

Answer 45

False

Question 46

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.

Answer 46

$100,000

Question 47

What governs drug testing of private employees?

Answer 47

State law

Question 48

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

Answer 48

Accessing, without permission, stored electronic communications

Question 49

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

Answer 49

During a union meeting

Question 50

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

Answer 50

Nothing, the employer cannot retaliate

Question 51

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?

Answer 51

Written consent from the applicant