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Chapter 04: Employee Privacy Rights in the 21st Century
True / False
1. The Fourth Amendment of the U.S. Constitution provides protection to public employees.
a. True
b. False
2. Monitoring of behavior from a distance by means of electronic equipment or other means of technology is known as
surveillance.
a. True
b. False
3. Surveillance and eavesdropping are techniques commonly associated with police, spies and military intelligence.
a. True
b. False
4. Neither private nor public sector employers have rights to monitor the use of employer-owned computers.
a. True
b. False
5. The knowledge or reckless disregard of the falsity of a communication is known as slander.
a. True
b. False
6. Malice implies animosity towards somebody in the generic sense.
a. True
b. False
7. FCRA stands for Financial Credit Reporting Agency.
a. True
b. False
8. Background checks are usually an easy task for most employers and labor unions.
a. True
b. False
9. Protected Health Information (PHI) policy aims at preventing the unauthorized use or disclosure of health and medical
information.
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Chapter 04: Employee Privacy Rights in the 21st Century
a. True
b. False
10. Genetic testing is not considered a serious intrusion into the privacy of the employees by an employer.
a. True
b. False
11. The greatest amount of litigation is in drug testing, which has been instigated due to internal investigation.
a. True
b. False
12. Alcohol and drug abuse during working hours are reasons for suspicion of substance abuse.
a. True
b. False
13. Employees who test positive for substance abuse are referred to the Employee Opportunities Corporation.
a. True
b. False
14. Drug testing does not require a specific reason and can be random.
a. True
b. False
15. Human Resource Departments do not maintain employee files since these are considered confidential.
a. True
Multiple Choice
16. What is the unifying element of the four separate privacy torts?
a. The right to be left alone
b. The right to do personal activities while at work
c. The right to talk about co–workers and bosses in a negative manner without repercussion
d. The right to be hired/promoted without regard to gender, race, national origin, or sex
17. Privacy rights in the employment area are important Constitutional rights extended to State and municipal employees
with the due process clause of the:
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Chapter 04: Employee Privacy Rights in the 21st Century
a. Fourth Amendment.
b. Eighth Amendment.
c. Fifth Amendment.
d. Fourteenth Amendment.
18. The most common way employers invade their employees’ privacy is to:
a. intrude on their seclusion, solitude or private affairs.
b. probe into their personal lives and medical history.
c. monitor their relationships with individuals at the workplace.
d. request for irrelevant information and past records.
19. The term “surveillance” is used to describe all of the following except:
a. postal interception.
b. observation with binoculars.
c. eavesdropping.
d. direct observation.
20. Malice in the context of defamation and invasion of privacy means:
a. animosity toward somebody.
b. a physical altercation must have taken place.
c. knowledge that a statement is false or a reckless disregard of its truth or falsity.
d. None of these answers.
21. The Supreme Court for the first time expressly acknowledged a right of privacy implicit in the Constitution in the case
of:
a. Quon v. Arch Wireless Operating Co., Inc.
b. Williams v. City of Tulsa.
c. Griswold v. Connecticut.
d. Massey v. Roth.
22. Privacy is violated under common law by:
a. appropriating the plaintiff’s identity for the defendant’s benefit.
b. placing the plaintiff in a false light in the public eye.
c. publicly disclosing private facts about the plaintiff.
d. All of these answers.
23. Employees of private corporations have common law and statutory privacy protections against:
a. surveillance.
b. eavesdropping.
c. requests for medical information.
d. All of these answers.
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Chapter 04: Employee Privacy Rights in the 21st Century
24. In Koeppel v. Speirs, an electronic invasion occurs under the intrusion on solitude or seclusion component of the tort
of:
a. liability.
b. defamation.
c. libel.
d. invasion of privacy.
25. Public employers, unquestionably, are state actors for the purposes of the ______ and ______ Amendments’
restrictions.
a. Fifth; Fourth
b. Fourth; Fourteenth
c. Fourteenth; Fifth
d. Fifth; Ninth
26. Both private and public sector employers can monitor employees’ use of employer-owned computers:
a. with an appropriate notice.
b. through a written warrant.
c. with the permission of state authorities.
d. with or without prior notice.
27. Employee privacy rights for unionized employees are covered under:
a. the First and Fourteenth Amendments of the Constitution.
b. criminal invasion of privacy.
c. the tort of invasion of privacy.
d. collective bargaining agreement.
28. Requests for medical information and conducting internal investigations are examples of:
a. placing the plaintiff in a false light in the public eye.
b. violating the Fifth Amendment.
c. intellectual property theft.
d. intrusion upon employees’ privacy.
29. Communications between employers regarding a former/prospective employee typically are protected by:
a. statutory rule.
b. malice.
c. absolute privilege.
d. state rule.
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Chapter 04: Employee Privacy Rights in the 21st Century
30. Privacy concerns arise in the context of third-party information requests primarily:
a. after an employee exits a company.
b. at the hiring stage.
c. during collective bargaining.
d. over employees’ Internet usage.
31. If a former employer withholds relevant information about an employee from his or her new employer, this may
actually expose the former employer to:
a. criminal liability.
b. tort liability.
c. civil liability.
d. absolute liability.
32. HIPAA stands for:
a. Health Insurance Protection and Accountability Act.
b. Health Insurance Portability and Accountability Act.
c. Health Insurance Prevention and Accountability Act.
d. Health Insurance Provision and Accountability Act.
33. Employers who are under the HIPAA umbrella are subject to the regulations of the Act and must certify in writing that
they will comply with:
a. selected HIPAA regulations.
b. all HIPAA regulations.
c. amended HIPAA regulations.
d. HIPAA non disclosure policies.
34. In which year was the federal Health Insurance Portability and Accountability Act (HIPAA) enacted?
a. 1889
b. 1899
c. 1998
d. 1999
35. One of the express purposes of HIPAA’s privacy provisions is to:
a. prevent employers from using PHI for personnel decisions.
b. prevent employers from creating a “firewall” between employees who administer health insurance plans and all
other employees.
c. protect employees and applicants who may suffer from physical and mental disabilities.
d. remove many thousands of private employers from HIPAA and its implementing regulations.
36. George, an employee of a private sector organization, was put through a genetic test in accordance with the company
policies. The company:
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Chapter 04: Employee Privacy Rights in the 21st Century
a. can choose to inform him about the test.
b. has to receive a written consent from George.
c. needs to submit a written copy to the court regarding the test.
d. cannot request for a genetic test under any circumstance.
37. In which famous case did Jurist Oliver Wendell Homes declare Virginia’s compulsory-sterilization law constitutional
and infamously write, “Three generations of imbeciles are enough”?
a. Buck v. Well
b. Buck v. Dell
c. Buck v. Bell
d. Bach v. Dell
38. The testing of human blood and/or urine for the presence of controlled/illegal substances is known as:
a. drug testing.
b. genetic testing.
c. reasonable suspicion.
d. mandatory testing.
39. Drug testing is mandatory under the Drug-Free Workplace Act for employers who work in:
a. the legal department of private sectors.
b. chemical factories.
c. educational institutes.
d. public sector organizations.
40. Reasonable suspicion for substance abuse:
a. has not been linked to decrease in productivity at work.
b. could be a result of racial discrimination.
c. is a violation of HIPAA regulations.
d. is usually linked to apparent physical state of impairment.
41. Which of the following is not part of a typical pre-employment drug testing policy?
a. Applicants will be required to voluntarily submit to a urinalysis test at a laboratory chosen by the company.
b. Any applicant with positive test results will be denied employment at that time.
c. The company will not entertain applications from candidates with a history of drug or alcohol abuse.
d. All job applicants need to undergo screening for the presence of illegal drugs or alcohol as a condition for
employment.
42. Justifiably suspecting a person, based on facts or circumstances, of inappropriate or criminal activities is termed:
a. a tort.
b. surveillance.
c. reasonable suspicion.
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Chapter 04: Employee Privacy Rights in the 21st Century
d. as a misdemeanor.
43. In legal parlance, EAP stands for:
a. Employee Assistance Program.
b. Employee Assessment Program.
c. Employee Agreement Program.
d. Employee Arraignment Program.
44. Pre-employment drug testing is typically considered:
a. contractual.
b. mandatory.
c. illegal.
d. a company policy.
45. Ruth, an employee of a private sector company, was found violating company policy which strictly prohibited
employees from using drugs or alcohol within company premises. Ruth was referred to the Employee Assistance
Program, which she deliberately refused. This act most likely resulted in:
a. demotion.
b. termination.
c. litigation.
d. suspension pending drug test results.
46. In Cockram v. Genesco, an employee sued for:
a. defamation and false light invasion of privacy.
b. slander.
c. unreasonable suspicion.
d. genetic testing.
47. Health records usually are maintained in separate HR files, as is appropriate under:
a. Employee Assistance Program (EAP).
b. The Federal Health Insurance Portability and Accountability Act (HIPAA).
c. Drug-Free Workplace Act.
d. The Department of Health and Human Services’ Office of Civil Rights 2002 Guidelines.
48. The Human Resource (HR) department of a company maintains employee personal files. Bradley, an employee of a
leather manufacturing company was terminated by his supervisor on the basis of facts that were found in the file.
Considering this scenario, who else, apart from the HR department and supervisors, are allowed access to employee
personal files?
a. Private entities
b. Co-workers
c. Legal department
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Chapter 04: Employee Privacy Rights in the 21st Century
d. General public
49. Increases in incidents of workplace violence and concomitant increases in ______ lawsuits, by customers and co–
workers of violent employees, have added urgency to the effort of checking employees’ background.
a. malice
b. academic freedom
c. negligent hiring
d. substance abuse
50. In Marken v. Santa Monica-Malibu Unified School Dist., the court found that the district’s planned disclosure of
personnel files:
a. did not violate the teacher’s right to privacy under state constitution.
b. did violate the teacher’s right to privacy under state constitution.
c. was unconstitutional.
d. was false light invasion of privacy.
Subjective Short Answer
51. What is the most common way in which employers intrude upon their employee’s privacy?
52. What does surveillance and eavesdropping mean?
53. Who are system administrators?
54. What tort is committed when the privacy rights of private employees disregarded?
55. Describe malice in the context of defamation and invasion of privacy.
56. What is a background screening policy?
57. What is HIPAA?
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Chapter 04: Employee Privacy Rights in the 21st Century
58. Identify the entities covered under HIPPA.
59. What serious intrusion of employees’ privacy has severe ethical implications?
60. Can employers mandate the policy of genetic testing?
Essay
61. Discuss the origin of Employee Privacy Rights.
62. Describe privacy concerns in the context of third-party information request.
63. Discuss why genetic testing is one of the most pressing ethical dilemma employers are facing today.
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Chapter 04: Employee Privacy Rights in the 21st Century
64. Which aspect of internal investigation has instigated the highest amount of litigation? Discuss.
65. Elaborate on the policy regarding employee personal files.