Deck 17: Privacy on the Job: Information, Monitoring and Investigations

Question 1

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.

Answer 1

B

Question 2

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 4 th 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

Answer 2

B

Question 3

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

Answer 3

E

Question 4

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

Question 5

Regarding the right to privacy:

A) employees have a 4 th 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

Question 6

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

Question 7

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

Question 8

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

Question 9

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

Question 10

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

Question 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

Question 12

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

Question 13

In Stengart v Loving Care Agency , the employee used a company laptop to communicate with her lawyer by means of a web-based, password-protected personal email program. She left the firm, returned the laptop, and sued for discrimination. Forensic experts recovered her emails from the laptop for the company, and its attorneys used the emails in discovery, telling no one what they had found. Plaintiff s attorney discovered this, and demanded that these privileged communications be returned, which was refused. The trial court found that Plaintiff had waived her attorney-client privilege. The appellate court reversed, finding that the employer s lawyers were guilty of misconduct. The Supreme court ruled:

A) for the employer, because the employee had waived her right to attorney-client privilege because of the company s privacy policy, and the use of the company laptop
B) for the employer because the employee was not permitted to send personal emails on company time
C) for the employee, because the company s attorneys had acted improperly
D) for the employee, because she had not waived her right to attorney-client privilege, and the company privacy policy did not address the use of personal web-based email programs

Question 14

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

Question 15

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

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

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