A majority of states have enacted off-the-job privacy protection laws. What is the
LEAST effective argument by an employer to regulate off-the-clock activities in a state
that has not enacted such lifestyle rights legislation?
a. It will provide a healthy work force.
b. Unregulated employees are less productive.
c. There is no invasion of privacy since the employee is ‘at will.’
d. It will prevent higher health care and insurance costs.
The term caveat emptor means:
a. ‘seller take care’
b. ’empty the cave of deceit’
c. ‘buyer beware’
d. ‘truth shall prevail’
The Workers Rights Consortium:
I. Combats sweatshops by monitoring and investigating working conditions in factories
around the world.
II. Is a U.S. government organization.
III. Covers contractors, subcontractors and manufacturers.
a. I. only
b. I and II only
c. I and III only
d. I, II, and III
According to Guy Mundlak and Issi Rosen-Zvi, hypotheses for the existence of CSR
reports include:
I. They have instrumental value to governments.
II. They are a focal point for persuading the corporate world that a new ethical
discourse is emerging.
III. They are created to persuade competitors to adopt similar measures and standards of
responsibility.
IV. They are created in an attempt to persuade managers and employees that they
should be proud of their workplace.
a. III and IV only
b. I, II and III only
c. II, III and IV only
d. I, II, III and IV
Absent provisions in the contract, which of the following types of damage can be
awarded to an injured party under a breach of contract?
a. General damages only
b. General and incidental damages only
c. General, incidental, and special damages only
d. General, incidental, special and punitive damages
When Qui Tam whistleblowers against the pharmaceutical industry were questioned
about their motivation, several reasons were mentioned. Which of the following was
NOT given as a reason?
a. Potential risk to public health.
b. Unfair employment practices.
c. Financial reward.
d. Self-preservation.
A mayor serving in a major metropolitan area receives an internal memorandum
indicating personnel at many police stations are single-race. At the time of the report,
thirty percent of the police force was black or Hispanic. She immediately calls a press
conference and orders transfers of police officers to achieve racial balance across the
city. The transferred police officers sue on constitutional grounds. Assuming just these
facts, what is the strongest argument that might be advanced by the transferred officers
based on constitutional grounds?
a. Executive action by the mayor is unconstitutional because there was no rational
relationship to a valid governmental purpose.
b. The action is ‘void for vagueness’ since transferred police officers must unnecessarily
guess at the underlying public policy of the transfer process.
c. The mayor’s policy used race as the basis for transfers, and assignments are subject to
strict scrutiny.
d. The transfer can be set aside based on intermediate or heightened level of scrutiny.
The Food and Drug Administration, the Consumer Product Safety Commission and the
National Highway Transportation Safety Association are
a. Cabinet departments within the Executive Branch
b. Subcommittees of the Senate and House of Representatives within the Legislative
Branch
c. Judicially created organizations to implement Supreme Court mandates related to
product safety.
d. Independent agencies that report to no branch of government.
When it comes to employment and social media:
I. Every U.S. law dealing with employee privacy grants significant deference to an
employer’s legitimate business interest.
II. U.S employers may legally canvass social media sites for information on employees
and potential employees and act upon the information found.
III. When an employer finds and uses social media information to reprimand or fire an
employee, the employer is obligated to disclose the method of gaining that information
to the employee.
IV. Statutes that specially govern the intersection of social media and workplace privacy
were enacted in 2013.
a. I and II only
b. I, II and III only.
c. I, II and IV only
d. I, II, III and IV
Trade secrets are registered just like trademarks.
a. True
b. False
The debate over advertising fast food and other ‘junk foods’ to kids is in effect settled,
since federal and state laws have put limits on that advertising.
a. True
b. False
The Constitution does not always protect free-speech rights for what public employees
say on the job. Which of the following is true?
a. When a citizen enters government service, the citizen need not accept certain
limitations on his or her freedom.
b. Public employees may speak out on matters of public concern and have First
Amendment protection but not when they speak out in the course of their official duties.
c. As public employees speak out and receive First Amendment protection, there is an
acceptable chilling of the speech of all potential whistleblowers.
d. None of the above
To establish a prima facie case of religious discrimination, the employee has to show all
of the following except which one:
a. That religion has been a significant part of the employee’s life for a significant
amount of time.
b. That the employee has a sincerely held religious belief.
c. That the employer was on notice that the religious belief was in conflict with the
employer’s request.
d. That there was a negative employment action based on a conflict between the
religious belief and the employment requirement.
Since a corporation is a ‘person’ in the eyes of the law, a corporation’s constitutional
right to privacy is identical to a natural person’s rights.
a. True
b. False
Which of the following is NOT one of the three privacy rights created by the Supreme
Court through its interpretation of various constitutional amendments?
a. The government cannot interfere with the choices adults make about their private
family and sexual life.
b. An individual’s medical history cannot be publicized by the government.
c. Individuals are protected against unwarranted invasion of privacy by private
corporations.
d. Corporations are protected against unreasonable government searches or seizures.
When an employee files a worker’s compensation claim:
a. The employee must prove the company was negligent.
b. The employer has the right to raise traditional defenses to negligence to defeat the
claim.
c. Both a. and b.
d. Neither a. not b.
Under the Genetic Information Nondiscrimination Act of 2008 (GINA) it is unlawful
for an employer to request, require or purchase genetic information related to
employees of their families. List at least three exceptions to this rule.
The Electronic Communications Privacy Act of 1986 (ECPA):
a. supplements the Omnibus Federal Employee Workplace Privacy Rights Law of 2008.
b. has been an effective law because employee privacy intrusions are less common and
steadily declining since 2000.
c. restricts employer access to public chat room interactions.
d. fails to protect employees in most situations involving e-mail monitoring by public
and private employers.
According to Dr. Michael Silverstein, what are the types of risks workers find on the
job today?
Discuss the employee claims that counter businesses’ justification of electronic
surveillance.
In the case of R.J. Reynolds Tobacco Company, et al. v. FDA, what was the majority
opinion regarding the First Amendment and the graphic warning requirements?
What must a plaintiff show to make a prima facie case of hostile environment sexual
harassment?
Describe the term heightened scrutiny. What do the courts use to determine which type
of scrutiny to use?