Deck 7: Ethical Decision Making: Technology and Privacy in the Workplace

Question 1

Values that are fundamental across culture and theory are not hypernorms.

Answer 1

False
Explanation: Ethicists Thomas Donaldson and Thomas Dunfee have developed an approach to ethical analysis that seeks to differentiate between those values that are fundamental across culture and theory hypernorms and those values that are determined within moral free space and that are not hypernorms.

Question 2

Monitoring allows the manager to ensure effective,productive performance by preventing the loss of productivity to inappropriate technology use.

Answer 2

True
Explanation: Monitoring allows the manager to ensure effective, productive performance by preventing the loss of productivity to inappropriate technology use.

Question 3

The concept of property rights excludes personal information.

Answer 3

False
Explanation: The concept of property rights involves a determination of who maintains control over tangibles and intangibles, including, therefore, personal information.

Question 4

Discrimination laws do not necessarily protect workers against adverse action based on the identity of the person they married.

Question 5

One of the problems associated with giving prior notice of monitoring is the "Hawthorne Effect."

Question 6

The value of privacy to civilized society is as great as the value of hypernorms to civilized existence.

Question 7

According to Donaldson and Dunfee,the right to personal freedom is an example of a hypernorm.

Question 8

Two general and connected understandings of privacy have been identified: privacy as a right to be 'left alone' within a personal zone of solitude,and privacy as the:

A) right to understand one's emotions.
B) right to understand others' emotions.
C) right to control information about others.
D) right to control information about oneself.

Question 9

The Constitution's Fourth Amendment protection against an unreasonable search and seizure governs only the private sector workplace.

Question 10

According to Donaldson and Dunfee,examples of hypernorms include the right to:

A) a safe workplace.
B) public information.
C) personal freedom.
D) vote.

Question 11

The right to privacy is restricted by a social contract in our culture that prevents us from infringing on someone else's right to her or his personal autonomy.

Question 12

According to Donaldson and Dunfee,the right to _____ is an example of a hypernorm.

A) a safe workplace
B) public information
C) vote
D) physical movement

Question 13

Values that are fundamental across culture and theory are called:

A) authentic norms.
B) hypernorms.
C) ethnocentric norms.
D) executive norms.

Question 14

Health Insurance Portability and Accountability Act (HIPAA)stipulates that employers can use "protected health information" in making employment decisions without prior consent.

Question 15

The "invasion of privacy" claim developed through case law called intrusion into seclusion.

Question 16

Internet use monitoring is evolving with the rise of social media and social networking use in recent years.

Question 17

Which of the following is true about privacy?

A) The right to privacy is not restricted by any social contract.
B) Privacy cannot be legally protected by common law.
C) Privacy can be legally protected by the constitution.
D) The right to privacy is unrelated to the universal right to autonomy.

Question 18

Employers in all parts of the U.S.A.are prohibited from making employment decisions on the basis of weight,even if they are not in violation of the Americans with Disabilities Act (ADA).

Question 19

The European Union's Directive on Personal Data Protection does not in any way prohibit
E.U. countries.
E.U. firms from transferring personal information to a non-E.U. country unless that country maintains "adequate protections" of its own; in other words, protections equivalent to those the directive guarantees in
E.U. firms from transferring personal information to a non-E.U. country.
The European Union's Directive on Personal Data Protection prohibits

Question 20

Privacy is important because it serves to define one's individuality.

Question 21

Which of the following states in the U.S.requires employers to notify workers when they are being monitored?

A) Ohio
B) Illinois
C) Michigan
D) Connecticut

Question 22

The U.S.Department of Commerce negotiated a Safe Harbor exception:

A) because the U.S. would not qualify as having adequate protection.
B) so that the European Union could get access to personal information.
C) so that each European country could maintain its own standard of information gathering and protection while trading with the U.S.
D) because the law required that all imports to the European Union meet the Safe Harbor standards.

Question 23

According to economist Antonio Argandona,which of the following elements would include issues relating to company secrets,espionage,and intelligence gathering?

A) Truthfulness and accuracy
B) Respect for property and safety rights
C) Respect for privacy
D) Accountability

Question 24

Which of the following is true about technology and its usage?

A) It prohibits access to any information that was once easily accessible.
B) It ensures that the lines between people's personal lives and professional lives are not blurred.
C) It tends to cause facelessness that is a challenge that has to be met.
D) It allows users to be much more careful with their communications.

Question 25

Which of the following is an advantage of monitoring?

A) Monitoring tends to promote effective performance since it reduces employees' stress and pressure.
B) Monitoring tends to create a friendly workplace without any suspicions.
C) Monitoring increases the level of worker autonomy and respect, as well as workers' right to control their environment.
D) Monitoring allows to ensure effective performance by preventing the loss of productivity to inappropriate technology use.

Question 26

The Constitution's Fourth Amendment protection against an unreasonable search and seizure governs only the public sector workplace because:

A) unions exist only in public sector organizations.
B) the private sector does not cater to appeals of unreasonable search or seizure.
C) the Constitution applies only to state action.
D) only public sector organizations deal with classified information.

Question 27

Which of the following statements about the Electronic Communications Privacy Act of 1986 is true?

A) Courts have ruled that the "interception" of stored communications applies only to messages that have actually reached company computers.
B) A firm that secures employee consent to monitoring at the time of hire is immune from ECPA liability.
C) The impact of the ECPA is to punish electronic monitoring only by employers.
D) The ECPA does not allow interception even when consent has been granted.

Question 28

When we do not get to know someone because we do not have to see that person in order to do our business,we often do not take into account the impact of our decisions on him or her.This is the challenge posed by the:

A) facelessness that results from the use of new technology accessible in the workplace.
B) knowledge gap that exists between people who understand the technology and others who do not understand it.
C) lack of clear boundaries between people's personal and professional lives.
D) assumption by users of technology that the Internet is safe.

Question 29

_____ refers to the body of law comprised of the decisions handed down by courts,rather than specified in any particular statutes or regulations.

A) Statutory law
B) Common law
C) Civil law
D) Constitutional law

Question 30

Which of the following is true about the European Union's Directive on Personal Data Protection?

A) It prohibits EU firms from transferring personal information to a non-EU country unless that country maintains "adequate protections" of its own.
B) It is also known as the European Union Safe Harbor Act.
C) It encourages member countries to maintain myriad standards for information gathering and protection.
D) It states that United States in the only non-member country that maintains "adequate protection" of personal data.

Question 31

Which of the following is an advantage of drug testing?

A) Drug testing does not present any ethical challenges for employers.
B) Drug testing tends to provide a productivity benefit for companies.
C) There are no possibilities of incorrect presumptions in connection with drug testing.
D) There are no legal issues relating to monitoring employees through drug testing.

Question 32

Identify the situation prohibited by The Genetic Information Non-Discrimination Act of 2008 (GINA).

A) An employer releases genetic information about an employee in response to a court order.
B) An employer releases genetic information about an employee in connection with the employee's compliance to the certification provisions of the Family and Medical Leave Act.
C) An employer releases genetic information about an employee to a health researcher.
D) An employer releases genetic information about an employee to the human resource department differentiate among employees.

Question 33

If the basis for finding an invasion of privacy is often the employee's legitimate and reasonable expectation of privacy,then a situation where there is no real expectation of privacy occurs when the:

A) employee has actual notice.
B) employer is covered under the ECPA.
C) work requires transference of sensitive data.
D) employee belongs to a minority group.

Question 34

The desire to place workers in appropriate positions,to ensure compliance with affirmative action requirements,or to administer workplace benefits is sufficient reason for employers to undertake employee ____.

A) training
B) orientation
C) monitoring
D) drug testing

Question 35

Which of the following prohibits the "interception" or unauthorized access of stored communications?

A) The Electronic Communications Privacy Act of 1986
B) The Computer Security Act of 1987
C) The Privacy Act of 1974
D) The Computer Fraud and Abuse Act of 1986

Question 36

Which of the following acts stipulates that employers cannot use "protected health information" in making employment decisions without prior consent?

A) The Personal Information Protection and Electronic Documents Act
B) The Federal Information Security Management Act
C) The Personal Information and Health Documents Act
D) The Health Insurance Portability and Accountability Act

Question 37

The impact of the ECPA is to punish electronic monitoring only by third parties and not by employers because courts have ruled that "interception" applies only:

A) to access of messages by employers.
B) when monitoring is done without consent.
C) when employees file a case.
D) to messages in transit.

Question 38

Which of the following statements about the Genetic Information Non-Discrimination Act of 2009 (GINA)is true?

A) Under GINA, an employer can collect genetic information in order to monitor the biological effects of toxic substances in the workplace.
B) Under GINA, an employer is subject to the same conditions as under the Health Insurance Portability and Accountability Act (HIPAA).
C) Under GINA, an employer cannot collect genetic information in order to comply with the Family Medical Leave Act.
D) Under GINA, an employer cannot release genetic information about an employee to a public health agency.

Question 39

Name the legal violation that occurs when someone intentionally interferes on the private affairs of another when the interference would be "highly offensive to a reasonable person."

A) Calumny
B) Vilification
C) Intrusion into seclusion
D) Defamation

Question 40

From a utilitarian perspective,individual rights to privacy or right to control information about oneself may be outweighed in cases where:

A) public safety is at risk.
B) the employee compensation package is very high.
C) the proposed benefit to the employer is high.
D) employee productivity depends directly on the number of hours they put in.

Question 41

Which of the following is true about the "Hawthorne Effect"?

A) According to the Hawthorne effect, workers' productivity improves when they are singled out.
B) According to the Hawthorne effect, workers show poor performance when they know that they are being monitored.
C) The Hawthorne effect allows managers to monitor their employees effectively.
D) The Hawthorne effect only occurs when the mechanisms used to monitor employees are unethical.

Question 42

Which of the following about the regulation of off-work acts in the U.S.is true?

A) Many states ban discrimination on the basis of weight.
B) Laws that protect employees against discrimination based on marital status exist in just under half of the states.
C) Only a small minority of states protect employees against discrimination on the basis of political involvement.
D) Lifestyle discrimination tends to be lawful if the imposition of the rule treats one protected group differently than another.

Question 43

"Invasion of privacy" claim developed through case law called " _____ ".

Question 44

An employer can resolve the concerns related to the "Hawthorne Effect" through:

A) notified, random monitoring.
B) consented, selective monitoring.
C) selective, notified monitoring.
D) random, anonymous monitoring.

Question 45

The rise of social media and social networking use in recent years has given rise to the evolution of _____ monitoring.

Question 46

Which of the following statements is true about monitoring?

A) It reduces workers' right to control their environment without reducing the level of worker autonomy and respect.
B) It has the potential to cause physical disorders such as carpal tunnel syndrome.
C) It does not have a negative impact on performance.
D) It can lead to mental pressures, but health problems have not been reported.

Question 47

Which of the following acts grants access to sensitive data with only a court order rather than a judicial warrant and imposes or enhances civil and criminal penalties for knowingly or intentionally aiding terrorists?

A) The Federal Information Security Management Act
B) The Sarbanes-Oxley Act
C) The USA PATRIOT Act
D) The Personal Information Protection and Electronic Documents Act

Question 48

If an employee's weight is evidence of or results from a disability,the employer must explore whether the worker is otherwise qualified for the position.Under the Americans with Disabilities Act (ADA),the individual is considered "otherwise qualified" if she or he:

A) has prior work experience relevant to the position, even if she or he is not able to perform the functions of the position due to the disability.
B) can perform normal daily activities like taking a bath and eating.
C) can perform the functions of the position with or without reasonable accommodations.
D) has a good academic record and good conduct.

Question 49

Title II of the USA PATRIOT Act provides roving surveillance authority under the:

A) Federal Information Security Management Act to track website access of individuals.
B) Foreign Intelligence Surveillance Act to track individuals.
C) Electronic Communications Surveillance Act to track business transactions.
D) International Surveillance of Terrorists Act to track individuals in countries with diplomatic relations.

Question 50

The advent of new _____ challenges privacy in ways that people could never before imagine.

Question 51

With regard to medical information specifically,employers' decisions are not only governed by the Americans with Disabilities Act but also restricted by the _____ Act.

Question 52

Employees will be on their best behavior during phone calls if they know that those calls are being monitored.Identify this effect of employee monitoring.

A) The placebo effect
B) The observer-expectancy effect
C) The Hawthorne effect
D) The halo effect

Question 53

Most statutes or common law decisions provide for employer defenses for all of the following EXCEPT:

A) those rules that are reasonable and rationally related to the employment activities of a particular employee.
B) those rules that treat one group differently from another considering lifestyle practices.
C) those rules that are necessary to avoid a conflict of interest or the appearance of conflict of interest.
D) those rules that constitute a "bona fide occupational requirement."

Question 54

Identify the act that expanded states' rights with regard to Internet surveillance technology,including workplace surveillance,and amended the Electronic Communications Privacy Act.

A) The USA PATRIOT Act
B) The Sarbanes-Oxley Act
C) The Federal Information Security Management Act
D) The Personal Information Protection and Electronic Documents Act

Question 55

Which of the following is true about the USA PATRIOT Act?

A) The act does not grant access to sensitive data with only a court order.
B) The act expands states' rights with regard to Internet surveillance technology.
C) The act excludes provisions designed to combat money laundering activity.
D) The act does not enhance civil and criminal penalties for intentionally aiding terrorists.

Question 56

Some companies have a(n)_____ policy under which an employer refuses to hire or terminates a worker on the basis of the spouse's working at the same firm.

A) anti-nepotism
B) conflict-of-interest
C) anti-fraternization
D) antitrust

Question 57

Identify the policy under which an employer refuses to hire or terminates a worker whose spouse works at a competing firm.

A) Anti-nepotism policy
B) Antitrust policy
C) Affirmative action policy
D) Conflict-of-interest policy

Question 58

The impact of ECPA is to punish electronic monitoring only by _____ and not by employers.

Question 59

According to philosopher Patricia Werhane,for an individual to expect respect for her or his personal autonomy,that individual has a _____ to respect the autonomy of others.

Question 60

Which of the following is a disadvantage of monitoring?

A) Monitoring tends to constrain effective performance since it can cause increased stress and pressure.
B) Monitoring prevents employers from managing their workplaces to place workers in appropriate positions.
C) Monitoring does not allow managers to ensure compliance with affirmative action requirements.
D) Monitoring cannot be utilized to prevent the loss of productivity due to inappropriate technology use.

Question 61

Philosopher William Parent conceives the right to privacy as the right to ____.

Question 62

Most statutes or common law decisions provide for employer defenses for those rules that are necessary to avoid a conflict of ____.

Question 63

New York's _____ statute prohibits employment decisions or actions based on four categories of off-duty activity.

Question 64

How do privacy issues at the workplace raise ethical issues involving individual rights as well as those involving utilitarian consequences?

Question 65

Discuss the facts pertaining to laws against discrimination based on marital status.

Question 66

Summarize how the definition of privacy gives rise to two streams of thought about rights?

Question 67

Outline the business reasons to limiting monitoring.

Question 68

Why do firms monitor technology usage?

Question 69

Discuss the nuances associated with drug testing,and outline the arguments for and against it.

Question 70

Explain the ethical source of privacy using the perspective of property rights.

Question 71

Briefly outline the challenges of technology discussed in the text.

Question 72

Summarize what economist Antonio Argandona says about information and data in the age of technology,and the moral requirements associated with that information.

Question 73

Briefly discuss the circumstances which violate an employee's privacy rights?

Question 74

Describe HIPAA.Discuss the use of genetic information as a form of monitoring.

Question 75

Explain how privacy can be legally protected.Summarize the Electronic Communications Privacy Act of 1986 (ECPA).Discuss the "intrusion into seclusion" concept.

Question 76

Describe "reciprocal obligation" as an ethical source of the right to privacy.

Question 77

Explain the concept of hypernorms,and moral free space.

Question 78

The _____ Act expanded states' rights with regard to Internet surveillance technology,including workplace surveillance,and amended the Electronic Communications Privacy Act.

Question 79

Explain the implications of giving 'notice' about monitoring.

Question 80

Briefly discuss the USA PATRIOT Act with regard to September 11,2001.