CHAPTER 17
PRIVACY ON THE JOB: INFORMATION,
MONITORING AND INVESTIGATIONS
Test Bank Questions, 5e
MULTIPLE CHOICE QUESTIONS
1. A department store clerk learns that her employer has placed a hidden video camera in
the employee changing room. If she sues, the claim would most likely be for:
a. violation of her 4th Amendment right to be free from unreasonable search or
seizure
b. intrusion upon seclusion
c. public disclosure of private facts
d. false imprisonment
e. appropriation of a name or likeness
2. Regarding surveillance and video monitoring of employees, it is correct to say all of the
following EXCEPT:
a. before surveillance or video monitoring of employees can take place, a search
warrant must be obtained
b. surveillance and video monitoring of employees can take place in all places open
to public view, without the need for a search warrant
c. all employees, public and private, have some reasonable expectation of privacy at
work
d. none of these is true
3. Which of the following is an element of an intrusion upon seclusion privacy tort claim?
a. one party intentionally pries into the private affairs of another
b. the broad disclosure of private information to others
c. the use of private information by others for their own benefit
d. all of the above
e. none of the above
4. Conduct that is “outrageous” is required to establish:
a. a privacy tort claim
b. infliction of emotional distress
c. false imprisonment
d. malicious prosecution
e. none of the above
5. The Privacy Act requires:
a. that covered employers adopt written workplace privacy policies
b. that employees be informed if they are subject to monitoring or surveillance in the
workplace
c. that medical records must be kept confidential and separate from personnel files
d. all of the above
e. none of the above
6. In Dietz v. Finlay Fine Jewelry, a store clerk who gave an unauthorized discount to a
customer was interrogated by security personnel. The court held that:
a. her false imprisonment claim was properly dismissed because the employer had
proof that she gave the unauthorized discount
b. she could go to trial on her defamation claim because false, damaging accusations
were made in the presence of others
c. she could go to trial on her malicious prosecution claim because the employer
pressed criminal charges against her
d. she could go to trial on her infliction of emotional distress claim because she was
very upset by the interrogator’s questioning of her
e. none of the above
7. Regarding the right to privacy:
a. employees have a 4th amendment right to be free from unreasonable searches and
seizures of their workplaces
b. common law privacy protections apply to public, but not private employees
c. whether an employee has a reasonable expectation of privacy is determined on a
case-by-case basis
d. constitutional rights to privacy apply to private, but not public employees
8. Employers may conduct hidden video surveillance of employees:
a. in bathrooms and locker rooms if the employer suspects drug use or other illegal
activities
b. in private offices because the office is part of the employer’s property
c. in the company parking lot
d. all of the above
e. none of the above
9 Amanda is an employee at a high end department store in the HR department and has
been in her office all day. After a pair of diamond earrings are found missing from the
jewelry department, Mike, the store manager has every employee in the store brought
together pursuant to an investigation. Which of the following is true?
a. because the missing items are extremely small, Mike can order Amanda into a
room to be strip searched by Hilda, the head of security
b. Mike can go through the contents of Amanda’s purse as long as he doesn’t touch
her physically
c. Mike can search Amanda’s desk
d. all of the above
e. none of the above
10. Under the Employee Polygraph Protection Act:
a. employees have a right to review all questions before the test begins
b. employees can be disciplined or discharged for refusal to submit to a polygraph
c. employees cannot terminate a polygraph exam once it has begun if they have
voluntarily consented to the exam
d. all of the above
e. none of the above
11. The Electronic Communications Privacy Act:
a. prohibits the intentional interception of electronic communications
b. prohibits the monitoring of computer use by employers
c. prohibits the accessing of stored e-mail messages by employers
d. all of the above
e. none of the above
12. Regarding workplace privacy, which of the following statements is NOT true?
a. under the 4th Amendment to the U.S. Constitution, federal government employees
enjoy protection from unreasonable searches and seizures while at work
b. under the 4th Amendment to the U.S. Constitution, private employees enjoy
protection from unreasonable searches and seizures while at work if their
employers are federal contractors
c. searches of a private employee’s work area must be reasonable in scope
d. to assert privacy rights, employees must be able to demonstrate a reasonable
expectation of privacy
13. Which of the following torts has as a required element of proof, an intent to harm.
a. intrusion upon seclusion
b. public disclosure of private facts
c. placement in a false light
d. intentional infliction of emotional distress
14. Which of the following torts has as a required element of proof, the matter is not of
legitimate concern to the public.
a. intrusion upon seclusion
b. public disclosure of private facts
c. placement in a false light
d. intentional infliction of emotional distress
15. Which of the following laws mandates that medical information obtained from current
employees must be job-related and consistent with business necessity?
a. The Privacy Act
b. The Americans with Disabilities Act
c. The National Labor Relations Act
d. The Occupational Safety and Health Act
16. Under the OSH Act, records of an employee’s exposure to toxins must be kept for:
a. 5 years
b. 10 years
c. 20 years
d. 30 years
17. HIPAA applies primarily to:
a. health care providers
b. hospitals receiving Medicare payments
c. self-insured companies
d. all firms contracting with the federal government
e. a and c
f. none of these
18. Regarding the monitoring and surveillance of employees, an employer could legally place
video cameras in which of the following locations?
a. employee rest rooms
b. at an employee’s computer workstation
c. at the front entry to the office
d. none of these
19. Your boss has told you that he suspects that his wife (whose desk is next to yours) is
cheating on him, and having an affair with another man. Because your desk is next to
hers, he has asked you to check her computer for evidence of this when she steps away
from her desk, which she frequently must do. In the past, she has asked you to watch for
urgent emails from customers and others while she was gone, and to page her, which you
have done. So even if she came back unexpectedly and found you at her computer, it
would probably not arouse her suspicion. Although you are reluctant to do this, he is
your boss, and could make things difficult for you. What should you do?
a. Do it even though you’re reluctant to do so. You have nothing to lose and
everything to gain. If it turns out she is having an affair, he needs to know, and if
there’s no evidence of it, he will be relieved – and grateful.
b. Don’t do it, even though your boss will may not understand. Tell him that if the
situation were reversed, that is, if she was asking you to spy on him, you wouldn’t
do that, either. Tell him that this is a private matter, between him and her. Hope
that he understands.
20. Regarding employer searches of employees at the workplace, which of the following is
true?
a. generally, employers may conduct searches of employee workplaces, although
obtaining consent is best
b. all such searches should be conducted in a reasonable manner
c. evidence obtained through searches must be handled carefully
d. all of these are true
ESSAY QUESTIONS
1. Why is each of the following good legal advice?
a. Employers should adopt workplace privacy policies
b. Employers should generally allow employees access to their personnel files and obtain
their consent before disclosing information about employees.
c. Searches should be no more extensive or intrusive than necessary
d. Interrogations of employees suspected of wrongdoing should be kept as brief as possible
e. Employers should carefully consider whether or how to use third parties in workplace
investigations
f. Information about employee misconduct derived from investigations should be treated as
confidential and shared only with those who have a legitimate need to know
2. Jordan has just graduated and has started a new job as an investment banker. After her
conditional offer of employment, she took a company required medical exam and then
when she applied for company life insurance coverage, she was required to take a second
medical exam. Although she is currently an avid cyclist and very healthy, in the past she
had experienced certain problems. In her freshman year, she suffered through a problem
pregnancy and a resultant still birth. As a result, she underwent an involuntary
hysterectomy to save her life. She was devastated that at 19 years old she would never be
able to have a child and suffered from depression. She underwent intensive
psychological counseling for six months and is currently very well adjusted and other
than some regret, she has accepted her fate. Both her demeanor and appearance are both
normal and fit. She is however, a very private person and is concerned that her personal
information could become public. What would you tell her about the laws that protect
her?
