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

Question 1

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

Answer 1

A

Question 2

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

Answer 2

B

Question 3

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

Answer 3

B

Question 4

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 5

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 6

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

Question 7

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 8

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 9

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

Question 10

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

Question 11

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

Question 12

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

Question 13

1.Why is each of the following good legal advice
Employers should adopt workplace privacy policies

Question 14

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 15

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 16

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.

Question 17

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 18

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 19

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 20

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 21

1.Why is each of the following good legal advice
Searches should be no more extensive or intrusive than necessary

Question 22

1.Why is each of the following good legal advice
Information about employee misconduct derived from investigations should be treated as confidential and shared only with those who have a legitimate need to know

Question 23

1.Why is each of the following good legal advice
Employers should generally allow employees access to their personnel files and obtain their consent before disclosing information about employees.

Question 24

1.Why is each of the following good legal advice
Employers should carefully consider whether or how to use third parties in workplace investigations

Question 25

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?

Question 26

1.Why is each of the following good legal advice
Interrogations of employees suspected of wrongdoing should be kept as brief as possible