Question 1

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

Accepted Answer

The Health Insurance Portability and Accountability Act (HIPAA) stipulates that employers cannot use "protected health information" in making employment decisions without prior consent. Protected health information includes all medical records or other individually identifiable health information.

Question 2

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

Accepted Answer

A firm that secures employee consent to monitoring at the time of hire is immune from ECPA liability.

Question 3

Which of the following is an advantage of monitoring?

Accepted Answer

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

Question 4

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

Accepted Answer

Where public safety is at risk, there is arguably a compelling public interest claim from a utilitarian perspective that may be sufficiently persuasive to outweigh any one individual's right to privacy or right to control information about oneself.

Question 5

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

Accepted Answer

Only two states in the U.S., Connecticut and Delaware, require employers to notify workers when they are being monitored.

Question 6

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

Accepted Answer

The European Union's Directive on Personal Data Protection prohibits EU firms from transferring personal information to a non-EU country unless that country maintains "adequate protections" of its own; in other words, protections equivalent to those the directive guarantees in EU countries.

Question 7

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

Accepted Answer

The Electronic Communications Privacy Act of 1986 (ECPA) prohibits the "interception" or unauthorized access of stored communications.

Question 8

Which of the following is an advantage of drug testing?

Accepted Answer

In a poll, about one-fifth of the responding companies reported an increase in employee productivity after implementing drug testing.

Question 9

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:

Accepted Answer

A challenge posed by the new technology accessible in the workplace is the facelessness that results from its use. 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.

Question 10

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

Accepted Answer

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

Question 11

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:

Accepted Answer

Since the basis for finding an invasion of privacy is often the employee's legitimate and reasonable expectation of privacy, if an employee has actual notice, then there truly is no real expectation of privacy.

Question 12

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 ____.

Accepted Answer

Monitoring allows employers to manage their workplaces to place workers in appropriate positions, to ensure compliance with affirmative action requirements, or to administer workplace benefits.

Question 13

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

Accepted Answer

Because the United States would not qualify as having adequate protection, the U.S. Department of Commerce negotiated a Safe Harbor exception for firms that maintain a certain level of protection of information.

Question 14

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:

Accepted Answer

The Electronic Communications Privacy Act of 1986 (ECPA) prohibits the "interception" or unauthorized access of stored communications. However, courts have ruled that "interception" applies only to messages in transit and not to messages that have actually reached company computers. Therefore, the impact of the ECPA is to punish electronic monitoring only by third parties and not by employers.

Question 15

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."

Accepted Answer

The "invasion of privacy" claim with which most people are familiar is one that developed through case law called intrusion into seclusion. This legal violation occurs when someone intentionally intrudes on the private affairs of another when the intrusion would be "highly offensive to a reasonable person."

Question 16

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

Accepted Answer

The Constitution's Fourth Amendment protection against an unreasonable search and seizure governs only the public sector workplace because the Constitution applies only to state action.

Question 17

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

Accepted Answer

The Genetic Information Non-Discrimination Act 2008 (GINA) became effective in November 2009 and prohibits discriminatory treatment in employment based on genetic information.

Question 18

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

Accepted Answer

A challenge posed by the new technology accessible in the workplace is the facelessness that results from its use.

Question 19

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

Accepted Answer

Under GINA, an employer can collect genetic information in order to comply with the Family Medical Leave Act or to monitor the biological effects of toxic substances in the workplace.

Question 20

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

Accepted Answer

According to economist Antonio Argandona, respect for privacy would include issues relating to company secrets, espionage, and intelligence gathering.

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