Topic 11: Privacy and Information in Employment Flashcards
What is the essence of privacy?
The essence of privacy is “the right to be left alone.” This concept has deep historical roots and remains an important consideration in social, political, and legal contexts.
How has internet technology impacted privacy?
Internet technology allows personal and private information to be recorded and distributed worldwide in seconds, which has led to growing concerns about privacy, especially in the workplace.
What are common workplace privacy concerns raised by employees?
Employees commonly complain about:
Employers listening to personal phone calls
Reading emails
Installing cameras
Tracking computer screens
Monitoring key strokes, eye movements, or chair “wiggles.”
Can employers monitor employees’ personal activities in the workplace?
Yes, but only if there is sufficient notice and an articulated legitimate business purpose. Privacy protections are generally weaker in the workplace compared to government actions.
How do employee privacy rules differ between public and private employment?
Privacy protections implied by the Constitution apply primarily to governmental intrusion, not private employers, giving private employers more leeway in monitoring employees.
Are there regulations for drug and alcohol testing in the workplace?
Yes, workplace drug and alcohol testing is regulated, and employers must follow legal guidelines for conducting such tests, balancing employee privacy with safety and performance concerns.
How should employers appropriately use the Fair Credit Reporting Act (FCRA) in the workplace?
Employers must ensure that credit checks are used only for legitimate business purposes (such as hiring or promotions) and must follow procedures for obtaining consent from employees or applicants.
What legal protections are available to ensure workplace privacy?
Workplace privacy is protected by:
The Constitution (for government employers)
Federal statutes
Common law (including wrongful intrusion and defamation protections).
The American Civil Liberties Union receives more complaints about this than any other issue:
Workplace privacy problems
Unequal pay among employees
Harassment
Affirmative action disputes
Workplace privacy problems
From the text, “The American Civil Liberties Union, a civil rights watchdog organization, reports that it receives more complaints about workplace privacy problems than any other claim.”
Which of the following are employee privacy complaints?
Employers listening to personal phone calls
Employers reading emails
Employers installing cameras
All of the above
All of the above
From the text, “Employee complaints chiefly surround employers listening to personal telephone calls, reading emails, installing cameras, recording key strokes, tracking computer screens, monitoring eye movements, and even calculating chair “wiggles.””
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
Do not apply : do apply
Do apply : do apply
Do not apply : do not apply
Do apply : do not apply
Which of the following is not a way that privacy is protected in the workplace?
Employee preferences
Federal statutes
Reference to the Constitution
The common law
Employee preferences
From the text, “Privacy is protected in the workplace by reference to the Constitution, federal statutes, and the common law.”
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
Wal-Mart was caught collecting private customer information to make targeted ads
The highest number of privacy complaints in U.S. history
Target superstores lost thousands of customers’ credit card information to hackers
The NSA had recorded details of virtually every telephone call, email, and text made by Americans
From the text, “The disclosure in 2013 that the [NSA] had recorded details of virtually every telephone call, email, and text made in America in the name of national security sharply focused the national and international debate over privacy.”
What governs employee privacy in the public employer sector?
The Constitution and federal privacy laws govern how public employers may monitor employees, including the Fourth Amendment, which prohibits unreasonable government searches.
What is a reasonable expectation of privacy for employees?
Reasonable expectations of privacy generally apply to personal spaces at work, like locked desk drawers, lockers, wallets, purses, and cell phones. However, personal space often has limited privacy expectations.
What was the ruling in O’Connor v. Ortega regarding employee privacy?
The Supreme Court ruled that an employer’s search may be reasonable if:
It is justified at the start
It is limited in scope
The case was sent back to trial court to determine if the search met these criteria.
What does the Privacy Act of 1974 guarantee federal employees?
The Privacy Act guarantees employees:
Access to their personnel files
Ability to correct erroneous information
Control over the release of personal information
It also mandates that records be kept accurate and confidential.
What are the exceptions to the Privacy Act?
The Privacy Act has 11 exceptions that allow information release for purposes like:
National security
Court orders
Government functioning
These exceptions provide a common-sense approach to disclosing necessary information.
What happens if a federal employee’s privacy is violated under the Privacy Act?
Employees whose privacy is violated can seek civil or criminal action. For example, Linda Tripp sued the federal government after her personal information was unlawfully disclosed, resulting in a settlement of nearly $600,000.
What is an example of a privacy violation in the workplace?
A privacy violation occurred when Linda Tripp’s personnel file was unlawfully released, revealing sensitive information. This led to a lawsuit and a settlement against the government.
In the public employer realm, ___________ and _______________ govern how employers may monitor employees.
Common law : federal privacy laws
The Constitution : federal privacy laws
Employer policy : common law
Employee preferences : the Constitution
The Constitution : federal privacy laws
From the text, “In the public employer realm, the Constitution and federal privacy laws govern how employers may monitor employees.”
Which of the following is not a qualifier for a “reasonable search” as defined by the Supreme Court?
Limited in execution
Limited in scope
Justified at the start
Approved by the person being searched
Approved by the person being searched
The Supreme Court found that a search may be reasonable if it is: 1) justified at the start; and 2) limited in scope in its execution.
The Privacy Act places a duty to ensure privacy and accuracy of the records on:
Both the employee and the custodian of the records
The site manager
The custodian of the records
The employee
The custodian of the records
From the text, “The Privacy Act places a duty on the custodian of a federal employee’s record to ensure privacy and accuracy 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
9
5
7
11
From the text, “The Privacy Act has carved out 11 exceptions to this policy that 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.”
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 employee won’t be able to do much about it
The employee may not seek civil action against the agency but may seek for criminal action to be taken against the offending individual
The employer may be shut down by the government
The employee may seek civil and even criminal action against the offending federal agency
From the text, “…the employee may seek civil and even criminal action against the offending federal agency.”
How is privacy protection different for private employees compared to public employees?
Private employees do not have constitutional privacy protections since no government action is involved. Instead, they are protected by federal & state laws and common law torts.
What are the four invasion-of-privacy torts under common law?
Intrusion upon seclusion – Unauthorized intrusion into private matters.
Public disclosure of private facts – Sharing private, objectionable information.
Placement in false light – Misrepresenting an employee’s actions or character.
Appropriation of image or likeness – Using an employee’s identity for commercial purposes.
What must an employee prove to claim intrusion upon seclusion?
Unauthorized employer intrusion into personal matters.
The intrusion was highly offensive to a reasonable person.
The matter intruded upon was private.
The intrusion caused anguish and suffering.
What are examples of intrusion upon seclusion by an employer?
Unreasonable surveillance without notice.
Requesting excessive personal information.
Asking coworkers for private details about an employee.
Unwarranted polygraphs or medical tests.
Searching personal items (purse, phone, wallet, locker).
What is public disclosure of private facts in the workplace?
When an employer negligently or intentionally shares private and personal information about an employee that is not publicly available.
What is an example of public disclosure of private facts?
An employee takes leave for a private medical issue after a confidential discussion with a supervisor, only to return and find that coworkers know about the condition.
What does placement in false light mean in employment?
When an employer publishes false statements about an employee that harm their reputation.
What does appropriation of image or likeness mean in the workplace?
An employer cannot use an employee’s name, likeness, or image for commercial purposes without their consent, unless it is part of their job.
True or False. True or False: In the private employer realm, there is no constitutional protection against invasion of privacy, as no governmental action is involved.
True
From the text, “In the private employer realm, there is no constitutional protection against invasion of privacy, as no governmental action is involved. Therefore, private employers are governed by a smattering of federal and state laws governing specific activity and by common law torts.”
What is the common law definition of a tort?
A claim for intrusion upon seclusion at work
The commission of a civil wrong which causes someone to suffer loss or harm, resulting in legal liability
A claim that can only be held within a district court and can only be overseen by a federal judge
A claim of discrimination within the sphere of a working environment
The commission of a civil wrong which causes someone to suffer loss or harm, resulting in legal liability
The common law definition of a tort is the “commission of a civil wrong which causes someone to suffer loss or harm, resulting in legal liability.”
Which of the following is not a tort under the invasion of privacy umbrella?
Placement in false light
Public disclosure of private facts
Intrusion upon inner expression
Intrusion upon seclusion
Intrusion upon inner expression
There are four separate torts under the invasion of privacy umbrella: 1) intrusion upon seclusion; 2) public disclosure of private facts; 3) placement in false light; and 4) appropriation of image or likeness.
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.
Dissemination : distribution
Dissemination : collection
Collection : dissemination
Distribution : collection
Collection : dissemination
From the text, “The tort deals with the collection of information about an individual, rather than the dissemination of that information, and can involve a physical or electronic invasion.”
In a false light tort claim:
An employer fires an employee based on false accusations
An employee is accused of breaking the rules of Title VII and is dismissed without a complete investigation
An employer uses an image or likeness of the employee without a written consent for permission
An employer broadly publishes statements about an employee that are not true and which hurts the employee’s reputation
An employer broadly publishes statements about an employee that are not true and which hurts the employee’s reputation
If an employer “broadly publishes statements about an employee that are not true and which hurts the employee’s reputation,” then it has committed a tort of placement in false light.
What are the two types of pre-employment tests?
Eligibility Tests – Assess skills needed for the job (e.g., skill, language, aptitude, intelligence, personality).
Ineligibility Tests – Determine exclusion (e.g., drug, medical, polygraph tests).
What is test content validity, and why is it important?
Test content validity ensures that a pre-employment test accurately measures the job-related skill required by business necessity. Without it, the test may have unlawful discriminatory impact.
Why do employers conduct drug testing?
To prevent workplace issues such as:
Increased accidents & absenteeism
Theft & misuse of leave
Decreased productivity
How do drug testing laws differ for public and private employees?
Public Employees – Protected by Fourth Amendment, requiring reasonable suspicion for drug tests.
Private Employees – Governed by state law, most states allow pre-employment and post-accident testing.
What are the two key federal laws governing drug testing?
Drug-Free Workplace Act (1988) – Requires federal contractors over $100,000 to enforce a drug-free policy but does not mandate drug testing.
Omnibus Transportation Employee Testing Act (1991) – Requires pre-hire & random drug testing in airline, railroad, trucking, and public transportation sectors.
When can an employer require a medical test under the ADA?
Pre-employment: Prohibited unless a conditional job offer is made.
Post-hire: Allowed if job-related and necessary for business.
Voluntary: Permitted (e.g., workplace wellness programs).
What law restricts polygraph testing in employment?
Employee Polygraph Protection Act (1988) – Prohibits most employers from using lie detector tests for hiring or employee retention.
Who is exempt from the Employee Polygraph Protection Act?
Government agencies (federal, state, local)
National defense & security contractors
Private security firms
Pharmaceutical firms
Suspected employees in theft, embezzlement, sabotage cases
What are the limits of polygraph testing in employment?
Cannot be used for drug use, theft from coworkers, or routine shortages.
Refusing a polygraph test cannot be the sole reason for termination.
Employers face fines up to $10,000 per violation for unlawful use.
Drug-abusing employees are more prone to:
Accidents
Absenteeism
Discipline issues
All of the above
All of the above
From the text, “Drug-abusing employees are more prone to workplace discipline, accidents, absenteeism, theft, and misuse of leave allowances.”
In order to drug test federal employees, the governmental agent must have _________ that an employee is engaged in illegal drug use.
A hunch
Irrefutable evidence
A reasonable suspicion
Indistinguishable proof
A reasonable suspicion
From the text, “In order to drug test federal employees, the governmental angent must have a reasonable suspicion that an employee is engaged in illegal drug use.”
Which of the following is not a “special need” job that requires drug testing?
Drug enforcement agent
Accountant
Public transit driver
Railway worker
Accountant
For certain jobs, “there exists a “special need” which outweighs the individual’s right to privacy. These include railway workers and drug enforcement agents.”
What is the purpose of the Omnibus Transportation Employee Testing Act?
It authorizes and regulates drug testing of employees in the airline, railroad, trucking, and public transportation sectors
It ensures public transit workers have the mental capacity to handle their daily requirements
It authorizes and regulates drug testing of employees in the airline, railroad, trucking, and private transportation sectors
It ensures private transit workers have the mental capacity to handle their daily requirements
It authorizes and regulates drug testing of employees in the airline, railroad, trucking, and public transportation sectors
From the text, “In 1991, Congress passed the Omnibus Transportation Employee Testing Act (Omnibus Act), which authorizes and regulates drug testing of employees in the airline, railroad, trucking, and public transportation sectors. The Omnibus Act requires pre-hire testing and post-hire random drug screens and sets procedures for ensuring drug test accuracy, chain of custody rules, and employee discipline procedures.”
What is the purpose of the Employment Polygraph Protection Act?
It allows employers to use polygraph tests for employment recruiting and retention purposes
It makes it legal for a potential employee to demand a polygraph of the future employer
It prevents employers from using polygraph tests for employment recruiting and retention purposes
It makes polygraph tests strictly illegal within the workplace for any and all reasons
It prevents employers from using polygraph tests for employment recruiting and retention purposes
From the text, “The polygraph test is another test that employers sometimes try to use to evaluate employees and the employment environment. The Employee Polygraph Protection Act of 1988 prevents employers from using polygraph tests for employment recruiting and retention purposes.”
What is the main purpose of employer surveillance in the workplace?
Employers monitor employees to prevent theft, misconduct, and productivity issues. Employees generally have little expectation of privacy at work.
What federal law governs electronic surveillance in the workplace?
The Electronic Communications Privacy Act (ECPA) prohibits employers from:
Intercepting employee wire, oral, or electronic communications.
Accessing stored electronic communications without permission.
However, employers providing the service (email, computers, phones, etc.) are exempt under Title II of the ECPA.
Can an employer read employee emails?
Yes, if the email system is employer-provided, emails can be monitored for business purposes. However, wide-ranging, non-business email reviews are generally not allowed.
When is employer email monitoring generally allowed?
Permitted if:
✅ Business-related reasons, such as investigating fraud, theft, or harassment.
✅ Employer has a clear policy stating employees have no expectation of privacy.
✅ Email is stored on employer-owned servers.
Not permitted if:
❌ Emails contain attorney-client privilege or union-organizing activity.
❌ Emails are from personal accounts (e.g., Gmail, Hotmail) unless there is a compelling business need.
Can an employer monitor employees with cameras?
Yes, if:
✅ Employees are notified about monitoring.
✅ It serves a legitimate business need (e.g., security, theft prevention).
No, if:
❌ Surveillance invades personal spaces (e.g., restrooms, dressing rooms).
❌ Cameras are used to monitor union organizing (violates NLRA).
Can an employer monitor employees in break rooms or rest areas?
Depends on state law. Some states prohibit video surveillance in break rooms or two-way mirrors in workplaces.
Can an employer secretly videotape an employee outside of work?
Yes, if:
✅ The employee is in a public place (e.g., to investigate worker’s compensation claims).
No, if:
❌ It involves trespassing on private property.
❌ It intrudes on the employee’s private life.
Which of the following is not a legitimate reason behind monitoring employees at work?
To investigate misconduct
To monitor employees’ work habits while on the job
To discover if they are looking for new employment
To prevent theft
To discover if they are looking for new employment
From the text, “Employers often have a legitimate business purpose behind monitoring employees at work, such as preventing theft, monitoring employee’s work habits while on the job, and investigating misconduct.”
It is estimated that over half of large firms monitor employee:
Phone conversations
Email
Social media
Web browsing
From the text, “It is estimated that over half of large firms monitor employee email, with many taking disciplinary action against employees for email misuse.”
Courts have upheld the rights of employers to video record employees when there is a business need and:
The video quality is not too detailed
Employees are given notice about the filming
Employees are not given a notice of the filming
The recorded images are not seen by anyone within the company
Employees are given notice about the filming
Employees must be aware that the recording is taking place in order for the employer to have clearance to video record them.
Which of the following is an area in which an employer could set up surveillance?
Cafeterias
Shower areas
Restroom stalls
Dressing rooms
Cafeterias
From the text, “In certain circumstances, the employer’s need to monitor would almost never overcome the employee’s expectation of privacy. These would include monitoring dressing rooms, restroom stalls, and shower areas.”
If investigating an employee’s disability claim, the employer has the right to collect footage of the employee:
In public places
Anywhere, as long as the employee has been notified beforehand
Anywhere at work
In privately-owned places
In public places
From the text, “The employer, or an investigator hired by the employer, is allowed to surreptitiously videotape an employee claimant and any activities the claimant undertakes in public places.” While the text mentions that video recording of employees in the workplace may be permitted, this does not apply anywhere - for example, not in bathrooms, dressing rooms, etc.
Can an employer monitor an employee’s social media activity?
Yes, information posted online is not considered private and may be reviewed by an employer. Employers often check blogs, social media pages, and online posts to protect company interests.
What are examples of employees being fired due to social media posts?
Heather Armstrong – Fired for telling funny stories about her boss on her blog.
Ellen Simonetti – Fired for posting photos of herself drinking alcohol on an aircraft after work.
Can an employer check a job applicant’s social media before hiring?
Yes, employers are free to review social media profiles of job applicants as part of the hiring process.
What legal protections exist for employees regarding social media?
Some state laws prohibit:
✅ Firing employees for off-duty behavior that does not harm the company.
✅ Retaliation for expressing political views.
✅ Punishing employees for whistleblowing or reporting harassment.
What are employees NOT protected from regarding social media posts?
Employees may face consequences if they:
❌ Disparage an employer online.
❌ Expose trade secrets or confidential company information.
❌ Violate copyright laws.
How does the National Labor Relations Board (NLRB) view employer actions against employee social media use?
Protected: Job-related social media posts about work conditions or union organizing (even if the company is non-union).
Not protected: A personal gripe that does not involve collective concerns.
What states have laws protecting employee social media privacy?
Nevada, California, and Utah prohibit employers from demanding usernames or passwords for personal social media accounts.
True or False. Information placed on social media by an employee is no longer considered private and may be obtained by the employer.
True
From the text, “Information an employee places online is no longer considered private and may be obtained by an employer.”
Many states have enacted laws to protect the privacy of employees and applicants on social media. Which of the following is protected?
Disparagement of the employer
Trade secrets
Employees expressing political views
Revealing of confidential employer information
Employees expressing political views
From the text, “Increasingly, states are enacting laws to protect online privacy for employees and applicants. These include prohibiting employers from firing employees for off-duty behavior which does not directly impinge on a firm’s reputation, protecting employees in expressing political views, creating a safe harbor for employees who seek to “whistleblow” on employer errant behavior, shielding employee online claims of discrimination, and harassment or retaliation.”
Which of the following is not a protected right pertaining to social media use?
Shielding employee online claims of discrimination, harassment, or retaliation
Exposing trade secrets
Prohibiting employers from firing employees for off-duty behavior which does not directly impinge on a firm’s reputation
Protecting employees in expressing political views
Exposing trade secrets
From the text, “An employee may not, without potential consequences, use the internet and its anonymity to disparage an employer, expose trade secrets, violate copyright, or reveal confidential employer information.”
Online employee statements relevant to the conditions of employment and union organizing activities are protected activity under the:
NBBC
NBAL
NLRA
ABBA
NLRA
From the text, “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:
Demand the employee remove all social media accounts
Sign a waiver verifying that he/she will never mention the company during his/her private social media use
Disclose user names or passwords to personal online social media accounts as a condition of employment
Take a social media etiquette test
Disclose user names or passwords to personal online social media accounts as a condition of employment
From the text, “Several states, including Nevada, California, and Utah, have passed legislation which prohibits 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.”
What is the Fair Credit Reporting Act (FCRA)?
The FCRA is a federal law passed in 1970 that regulates how consumer reporting agencies collect, correct, disseminate, and use consumer credit information, including for employment decisions.
What type of information is covered by the FCRA?
The FCRA covers medical records or payments, residential or tenant history, check writing history, employment history, and insurance claims.
What must an employer do before obtaining a consumer credit report on a job applicant?
The employer must obtain written consent from the applicant on a separate notice that informs them the report will be used for hiring or promotion decisions.
What happens if an applicant refuses to provide consent for a consumer credit report?
The employer does not have to consider the applicant for employment.
What must an employer provide if it intends to take adverse action based on a consumer credit report?
The employer must give a pre-adverse action disclosure, a copy of the negative information, and information about the applicant’s rights under the FCRA.
What is an investigative report under the FCRA?
An investigative report is an in-depth background check based on personal interviews concerning an applicant’s character, reputation, personal characteristics, and lifestyle.
What additional requirement exists if an employer uses an investigative report?
The employer must notify the applicant so they may request further disclosures regarding the scope and substance of the report.
An entity which collects and provides information about persons for use in credit evaluation and employment evaluation is known as a(n):
Consumer Reporting Agency
Fair Credit Report Agency
National Reporting Bureau
Environmental Credit Reporting Administration
Consumer Reporting Agency
From the text, “A consumer reporting agency (CRA) is an entity which collects and provides information about persons for use in credit evaluation and, for our purposes, employment evaluation.”
Which of the following is not information covered by the FCRA?
Residential or tenant history
Check writing history
Marital status
Medical records or payments
Marital status
The type of information covered by the FCRA includes the following: 1) medical records or payments; 2) residential or tenant history; 3) check writing history; 4) employment history; or 5) insurance claims.
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
A credit check
A background collection
A character witness
A consumer report
Section 1681 of FCRA provides that the term “consumer report” means “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….”
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 written permission by a federal judge to use the consumer credit report
The notice and authorization requirements of the FCRA
The notice and authorization requirements of the EPCA
All of the above
The notice and authorization requirements of the FCRA
From the text, “The employer must … provide the CRA with certification that it has complied with the notice and authorization requirements of the FCRA.”
If the information obtained is negative and the employer intends to rely on it to deny employment or advancement, the employer is required under the FCRA to provide the applicant with a(n) ____________ and a copy of both the negative information and the applicant’s rights under the FCRA.
Explanation of action disclosure
Formal letter of apology
Unemployment stipend
Pre-adverse action disclosure
Pre-adverse action disclosure
From the text, “If the information obtained is negative and the employer intends to rely on it to deny employment or advancement, the employer is required under the FCRA to provide the applicant with a pre-adverse action disclosure and a copy of both the negative information and the applicant’s rights under the FCRA.”
The American Civil Liberties Union is:
A national compensation and benefits organization
A civil rights watchdog organization
A sexual harassment enforcement agency
An agency devoted to helping disabled workers
A civil rights watchdog organization
From the text, “…the American Civil Liberties Union, a civil rights watchdog organization, reports that it receives more complaints about workplace privacy problems than any other claim.”
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 overmonitoring?
Employers will be unable to find the best workers
Employers won’t like their employees as much
Employees will have a lack of trust for the employer
Employee efficiency will drop
Employees will have a lack of trust for the employer
From the text, “High level intrusions, even if permitted by law, must be weighed by the employer to determine if the benefits outweigh the lack of trust they engender in employees.”
What is the essence of privacy?
The right to federal secrets
The right to make personal opinion public
The right to be left alone
The right to do whatever you want when alone
The right to be left alone
What does the fourth amendment prohibit?
A person having to make a statement in the court of law
Unreasonable governmental searches into private affairs of employees
The hiring or firing of an individual based on race
Employees divulging personal information at work
Unreasonable governmental searches into private affairs of employees
The Fourth Amendment prohibits unreasonable governmental searches into the private affairs of employees.
What does the Federal Privacy Act of 1974 govern?
Broadcasting media
The release of private information by federal agencies about public employees
Employees’ right to discuss company policies with the general public
Private sector employers’ intrusion on their employees
The release of private information by federal agencies about public employees
From the text, “Federal employers must … comply with the provisions of the Privacy Act of 1974, which governs the release of private information by federal agencies about public employees.”
In which of the following may an employee not have a reasonable expectation of privacy?
Lockers
Company-owned computer
Locked desk drawers
Personal space at work
Company-owned computer
From the text, “Reasonable expectations of privacy usually include personal space at work, like locked desk drawers, lockers, wallets, purses, and cell phones.”
Invasion by an employer into the private affairs of an employee may be the ______ of invasion of privacy.
Regulation
Act
Tort
Passage
Tort
From the text, “The common law definition of a tort is the commission of a civil wrong which causes someone to suffer loss or harm resulting in legal liability. Invasion by an employer into the private affairs of an employee may be the tort of invasion of privacy.”
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 annoyance and displacement
The intrusion was of a deviate nature
The intrusion caused anguish and suffering
The intrusion had monetary motivation
The intrusion caused anguish and suffering
The text lists that in order to establish a claim of intrusion upon seclusion at work, an employee must show that:
There was an unauthorized employer intrusion or prying into his or her seclusion
The employer intrusion was highly offensive to a reasonable person
The matter intruded upon was private
The intrusion caused anguish and suffering
In an appropriation of likeness or image tort:
An employee may not be hired for reasons of outside appearance alone if job qualifications do not align
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
An employer broadly publishes statements about an employee that is not true and which hurts the employee’s reputation
An employee cannot be terminated by reason of outside appearance
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
From the text, “In the appropriation of likeness or image tort, an employer may not use the name, likeness, or image of an employee for commercial purposes in a way which is not contemplated by the actual job the employee holds.”
True or False. Drug testing law is the same for both public and private sectors.
False
Public employees are protected by the Fourth Amendment.
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.
$150,000
$50,000
$100,000
$75,000
$100,000
The federal Drug Free Workplace Act of 1988 requires federal contractors doing more than $100,000 in business with the federal government to ensure a drug-free workplace through education and enforcement of drug-free policies.
What governs drug testing of private employees?
Common torts
Federal law
Common law
State law
State law
From the text, “For private employees, drug testing is governed primarily by state law, with most states allowing for pre-employment testing and requiring post-accident testing of employees.”
Which of the following is not a requirement of the Omnibus Transportation Employee Testing Act (Omnibus Act)?
Chain of custody rules
Employee discipline procedures
Procedures for ensuring drug test accuracy
Biannual scheduled drug tests
Biannual scheduled drug tests
From the text, “In 1991, Congress passed the Omnibus Transportation Employee Testing Act (Omnibus Act), which authorizes and regulates drug testing of employees in the airline, railroad, trucking, and public transportation sectors. The Omnibus Act requires pre-hire testing and post-hire random drug screens and sets procedures for ensuring drug test accuracy, chain of custody rules, and employee discipline procedures.”
The Electronic Communications Privacy Act (ECPA) prohibits employers from purposefully intercepting by electronic means any employee wire, oral, or electronic communications, as well as:
Taking disciplinary actions based on social media content
Firing an employee for posting on a non-work related website during working hours
Accessing, without permission, stored electronic communications
Accessing, without permission, personal working areas
Accessing, without permission, stored electronic communications
From the text, “The Electronic Communications Privacy Act (ECPA) prohibits employers from purposefully: 1) intercepting by electronic means any employee wire, oral or electronic communications; or, 2) accessing, without permission, stored electronic communications.”
Why is searching emails not prohibited by the EPCA?
It is sent with company equipment
Because if it is done during working hours, there is nothing private in an employee’s life
The internet is public domain, so search and seizure of email messages is okay
It is viewed after, not during, transit
It is viewed after, not during, transit
From the text, “Searching email is not prohibited by the EPCA because it is viewed after, not during, transit. Because email is a permanent record and is discoverable in court, employers have a strong interest in protecting themselves from errant emails. The general rule is that when the employer is providing the computer and email service, it is free to read employee email messages pursuant to a business purpose.”
Which of the following is not an area or situation in which employers may set up surveillance?
Parking lots
Fitness areas
Break rooms
During a union meeting
During a union meeting
Video surveillance of union organizing and meeting activities will run afoul of the NLRA.
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
Fire the employees
Demand them to cease and desist
Report them to the NLRA
Nothing, the employer cannot retaliate
If two employees engage in an online discussion about work conditions, the employer may not retaliate.
What is the purpose of the Fair Credit Reporting Act?
It prevents employees from using false credit information
It regulates employees fraudulently using credit card information of other employees
It prevents employers from viewing credit information under any circumstance
It regulates how consumer reporting agencies collect, correct, disseminate, and use consumer credit information
It regulates how consumer reporting agencies collect, correct, disseminate, and use consumer credit information
From the text, “In 1970, in response to the use of faulty consumer credit information to deny employment, terminate employees from jobs, and refuse mortgages and other opportunities, Congress passed the Fair Credit Reporting Act (FCRA), which regulates how consumer reporting agencies collect, correct, disseminate, and use consumer credit information.”
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?
Warrant from a judge
Written consent from the applicant
Written consent from the NSLR
Written consent from the ADA
Written consent from the applicant
From the text, “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 written consent from the applicant.”
True or False. The FCRA provides that if an employer uses an investigative report, it must give notice to the applicant so that he/she may request additional disclosures and a summary of the scope and substance of the report.
True
From the text, “The FCRA provides that if an employer uses an investigative report – a much more in-depth search based on personal interviews concerning an applicant’s character, general reputation, personal characteristics, and lifestyle - the employer must give notice to an applicant. This is so the applicant may request additional disclosures regarding the scope and substance of the investigative report.”
