Topic 11: Privacy and Information in Employment

Question 1

Appropriation of Image or Likeness

Answer 1

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.

Question 2

Consumer Reporting Agency (CRA)

Answer 2

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

Question 3

Drug Free Workplace Act

Answer 3

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

Question 4

Drug Testing

Answer 4

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

Question 5

Electronic Communications Privacy Act (ECPA)

Answer 5

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

Question 6

Employee Polygraph Protection Act

Answer 6

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

Question 7

Fair Credit Reporting Act

Answer 7

Enacted in 1970, it regulates reporting agencies’ collection, correction, dissemination, and use of consumer credit information .

Question 8

Fair Credit Reporting Act (FCRA)

Answer 8

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

Question 9

False Light

Answer 9

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

Question 10

Intrusion Upon Seclusion

Answer 10

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

Question 11

Medical Testing

Answer 11

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

Question 12

Omnibus Transportation Employee Testing Act (Omnibus Act)

Answer 12

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

Question 13

Polygraph Testing

Answer 13

A method of testing for an employer to measure an employee’s heart, respiratory, and skin reactions while he or she is asked a serious of questions in order to determine if he or she is lying.

Question 14

Pre-adverse Action

Answer 14

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

Question 15

Privacy

Answer 15

The right of an individual to be left alone.

Question 16

Privacy Act

Answer 16

Enacted in 1973, it governs the release of private information about public employees to federal agencies.

Question 17

Public Disclosure of Private Facts

Answer 17

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