Question 1

Discuss Lewis Maltby's proposition that employers should not do drug testing (or other testing related to off-work conduct) but should instead focus on impairment testing when an employee is entering the workplace.

Accepted Answer

Maltby points out that impairment can be caused by many other things than drug use including being sleep-deprived, ill or under stress (i.e. in the middle of a divorce). Whatever the reason, the test will determine if you shouldn't undertake certain activities (such as flying a plane).

Question 2

The Electronic Communications Privacy Act of 1986 (ECPA):

Accepted Answer

The Electronic Communications Privacy Act of 1986 fails to protect employees in most situations involving e-mail monitoring by public and private employers. While it does provide some restrictions on interception and access to electronic communications, it has not kept up with the advancements in technology and does not offer sufficient protection to employees.

Question 3

It is illegal to increase a specific employee's health insurance premiums based on the employee's lifestyle.

Accepted Answer

False

Question 4

It is perfectly legal for employers to secretly and intrusively spy on their employees.

Accepted Answer

In most cases, it is legal for employers to monitor or track employee's activities during work hours, including emails, internet usage, and phone calls. However, there are exceptions and limitations to this, such as certain privacy laws and regulations that protect employees from unlawful surveillance. Employers should also notify their employees about their monitoring practices and obtain their consent in some cases.

Question 5

According to the article, Can They Do That? By Lew Maltby:

Accepted Answer

The answer of According to the article, Can They Do...

Question 6

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?

Accepted Answer

The argument that there is no invasion of privacy since the employee is "at will" is the least effective because it shows a lack of understanding of the legal concept of at-will employment, which refers to the ability of employers to terminate employees at any time, for any reason, as long as it is not illegal. It does not mean that employers have the right to control employees' off-the-clock activities. Furthermore, even in at-will employment states, employees still have a reasonable expectation of privacy in certain aspects of their personal lives.

Answer: A and D 
 The arguments that regulating off-the-clock activities will provide a healthy workforce and prevent higher health care and insurance costs are more effective because they relate to the employer's legitimate business interests. Employers may have a strong interest in promoting healthy behaviors among their employees, as healthier workers are generally more productive and less likely to miss work due to illness. Similarly, preventing higher health care and insurance costs is an important goal for many employers, and they may reasonably believe that regulating employee behavior outside of work can help achieve this goal. However, it is worth noting that these arguments may be subject to legal challenges if they are overly intrusive or discriminate against certain groups of employees.

Question 7

Discuss the privacy expectations of millennial employees.

Accepted Answer

The answer of Discuss the privacy expectations of millennial employees....

Question 8

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.

Accepted Answer

Corporations do not have the same constitutional right to privacy as natural persons. While they have some rights, such as protection against unreasonable searches and seizures, these rights are not identical to those of individuals.

Question 9

Briefly describe what Alan Westin believes are the "functions of privacy."

Accepted Answer

The answer of Briefly describe what Alan Westin believes are...

Question 10

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.

Accepted Answer

Option I is true because U.S. laws grant significant deference to employers' legitimate business interests when dealing with employee privacy concerns. Option II is also true. Employers may search social media profiles of employees and job candidates in the United States. Option III is false – Employers are not obligated to disclose the method of gaining information from social media if they use that information to reprimand or terminate an employee. Option IV is incorrect because there are no federal statutes specifically governing the intersection between social media and workplace privacy.

Question 11

According to the article excerpted in the text entitled, The Functions of Privacy, by Alan Westin, privacy has several functions in today's society. These include:

Accepted Answer

The answer of According to the article excerpted in the...

Question 12

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.

Accepted Answer

The answer of Under the Genetic Information Nondiscrimination Act of...

Question 13

Which of the following is NOT one of the three privacy rights created by the Supreme Court through its interpretation of various constitutional amendments?

Accepted Answer

The three privacy rights created by the Supreme Court are: the right to privacy in personal decisions regarding family and sexuality (A), the right to privacy in an individual's personal medical history (B), and the right to privacy from unwarranted government invasion (D). However, these rights do not extend to protection against invasion by private corporations as indicated in option C.

Question 14

Discuss the employee claims that counter businesses' justification of electronic surveillance.

Accepted Answer

The answer of Discuss the employee claims that counter businesses'...

Question 15

In considering the legality of employer interception of employee e-mails at work, pick the correct statement.
I. Employees have complete expectation of privacy since they can select their password for in-house and remote access of e-mails.
II. A subpoena is required by the employer to read any e-mail that is clearly marked "confidential" by the employee.
III. No expectation of privacy exists over an employer-owned computer system at work.
IV. Statement by the employer that e-mails are confidential and privileged cannot be later used by an employer to defeat an employee's claim of privacy

Accepted Answer

The correct statement is III. No expectation of privacy exists over an employer-owned computer system at work. This is because employers have the right to monitor employee communication on their own computer systems. Options I and IV are incorrect because the fact that employees can select their own password or that the employer labels emails as confidential does not automatically create an expectation of privacy. Option II is also incorrect because a subpoena is not always required for an employer to access employee emails, especially if they are sent using an employer-owned computer system.

Question 16

Name the two main factors that most courts use in determining whether or not electronic monitoring of employees is an invasion of privacy.

Accepted Answer

The answer of Name the two main factors that most...

Question 17

The 2004 Heath Information and Portability and Accountability Act (HIPPA):

Accepted Answer

HIPAA primarily focuses on protecting the privacy and security of individuals' medical information, requiring consent for accessing and sharing such information. The other options relate to different laws, such as the Genetic Information Nondiscrimination Act (GINA).

Question 18

The term "privacy" does not appear anywhere in the Constitution of the United States. Discuss (meaning share your opinion and support it with anecdotes or evidence) whether or not the Supreme Court was correct in "finding" privacy in the Constitution.

Accepted Answer

The answer of The term "privacy" does not appear anywhere...

Question 19

Privacy rights are triggered under the Fourth Amendment:

Accepted Answer

The Fourth Amendment specifically protects individuals from unreasonable searches and seizures by the government. Therefore, privacy rights are triggered under the Fourth Amendment only when the government is conducting a search. This means that private corporations or individuals do not necessarily have to abide by the Fourth Amendment when searching electronic data, unless they are acting as agents of the government.

Choice A is incorrect because a corporation's electronic search of an employee's e-mail account may violate the employee's contractual rights or company policies, but it does not implicate the Fourth Amendment.

Choice B is incorrect because a subpoena duces tecum can be issued by a variety of parties, not just the government, and the Fourth Amendment only applies to government searches.

Choice D is incorrect because, again, a private corporation's archival search of e-mails on its own server does not necessarily implicate the Fourth Amendment.

Question 20

Which of the following are ways businesses justify electronic surveillance of employees?
I. It measures and encourages efficiency.
II. It uncovers employee disloyalty.
III. It enhances the fairness of personnel evaluations.
IV. It prevents employees from sending personal emails on company time

Accepted Answer

I, II, and III are all ways businesses justify electronic surveillance of employees.

Quiz 3: Privacy and Technology