Topic 11 Flashcards
The right of an individual to be left alone.
Privacy
The American Civil Liberties Union receives more complaints about this than any other issue:
Workplace privacy problems
Employers listening to personal phone calls
Employers reading emails
Employers installing cameras
Employee privacy complaints
Most employees do not understand that the fundamental privacy protections implied by the Constitution __________ to governmental intrusion and ________ to employer action.
Do apply : do not apply
What major event happened in 2013 that sharply focused the national and international debate on privacy?
The NSA had recorded details of virtually every telephone call, email, and text made by Americans
Federal statutes
The common law
Reference to the Constitution
How privacy is protected in the workplace
In the public employer realm, ___________ and _______________ govern how employers may monitor employees.
The Constitution : federal privacy laws
Limited in execution
Limited in scope
Justified at the start
Qualifiers for a “reasonable search”
The Privacy Act places a duty to ensure privacy and accuracy of the records on:
The custodian of the records
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.
11
If the privacy of an employee is violated by unlawful disclosure of information in a federal employee personnel file:
The employee may seek civil and even criminal action against the offending federal agency
The commission of a civil wrong which causes someone to suffer loss or harm, resulting in legal liability.
Tort
A type of tort in which an employer intrudes upon an employee’s private information.
Intrusion Upon Seclusion
A type of tort in which an employer negligently or intentionally discloses an employee’s private information.
Public Disclosure of Private Facts
A type of tort in which an employer publishes statements about an employee that are untrue and hurt the employee’s reputation.
False Light
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.
Appropriation of Image or Likeness
In the private employer realm, there is no constitutional protection against invasion of privacy, as no governmental action is involved. (T/F)
True
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.
Collection : dissemination
A method of testing for an employer to prevent the use of drugs among its employees.
Drug Testing
Enacted in 1988, it requires federal contractors to enforce drug-free policies.
Drug Free Workplace Act
Enacted in 1988, it prevents employers from using polygraph tests for recruiting or retention purposes.
Employee Polygraph Protection Act
Enacted in 1991, it authorizes and regulates the drug testing of employees in the airline, railroad, trucking, and public transportation sectors.
Omnibus Transportation Employee Testing Act (Omnibus Act)
A method of testing for an employer to discover information about its employee’s impairments or health.
Medical Testing
In order to drug test federal employees, the governmental agent must have _________ that an employee is engaged in illegal drug use.
A reasonable suspicion
Enacted in 1986, it prohibits employers from intercepting or accessing employee communications.
Electronic Communications Privacy Act (ECPA)
It is estimated that over half of large firms monitor employee:
Courts have upheld the rights of employers to video record employees when there is a business need and:
Employees are given notice about the filming
If investigating an employee’s disability claim, the employer has the right to collect footage of the employee:
In public places
Information placed on social media by an employee is no longer considered private and may be obtained by the employer. (T/F)
True
Many states have enacted laws to protect the privacy of employees and applicants on social media. Which of the following is protected?
Employees expressing political views
Online employee statements relevant to the conditions of employment and union organizing activities are protected activity under the:
NLRA
Several states, including Nevada, California, and Utah, have passed legislation prohibiting an employer from requiring an employee or applicant to:
Disclose user names or passwords to personal online social media accounts as a condition of employment
An entity that collects and provides information about persons for use in credit and/or employment evaluation.
Consumer Reporting Agency (CRA)
A statement issued to an applicant from an employer that discloses negative information found and information about his or her rights.
Pre-adverse Action
Requires employers take specific steps prior to requesting or using a consumer report (disclosure, written permission, notice of adverse action, right to dispute).
Fair Credit Reporting Act (FCRA)
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:
A consumer report
If an employee or applicant consents to having a background check, the employer must provide to the CRA certification that it has complied with:
The notice and authorization requirements of the FCRA
The American Civil Liberties Union is:
A civil rights watchdog organization
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?
Employees will have a lack of trust for the employer
What does the fourth amendment prohibit?
Unreasonable governmental searches into private affairs of employees
In which of the following may an employee not have a reasonable expectation of privacy?
Company-owned computer
Invasion by an employer into the private affairs of an employee may be the ______ of invasion of privacy.
Tort
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
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
In an appropriation of likeness or image tort:
Drug testing law is the same for both public and private sectors. (T/F)
False
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.
$100,000
What governs drug testing of private employees?
State law
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, stored electronic communications
Which of the following is not an area or situation in which employers may set up surveillance?
During a union meeting
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
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
