Question 1

Though federal law prohibits the disclosure of an employee's medical information, it affords little protection relating to other types of personal information.

Accepted Answer

Federal laws like HIPAA (Health Insurance Portability and Accountability Act) strictly regulate the disclosure of an individual's medical information, but there are fewer comprehensive federal protections for other types of personal information, relying instead on a patchwork of state laws and specific sector regulations.

Question 2

Employers must have an employee's written permission to collect his or her genetic information.

Accepted Answer

Under the Genetic Information Nondiscrimination Act (GINA) of 2008 in the United States, employers are generally prohibited from requesting, requiring, or purchasing genetic information about an employee or a family member of the employee, unless specific exceptions apply. One such exception includes the employee providing written, voluntary authorization for the employer to obtain genetic information as part of a wellness program.

Question 3

Employees should have a reasonable expectation of privacy in e-mail communications made on an employer's equipment.

Accepted Answer

Employers often have policies that limit employees' expectation of privacy in e-mail communications made on the employer's equipment, allowing the employer to monitor or review e-mail content for various reasons, such as ensuring compliance with company policies or legal regulations.

Question 4

Many people are mistaken in believing that the terms "polygraph" and "lie detector" are interchangeable.

Accepted Answer

The terms "polygraph" and "lie detector" are often used interchangeably because a polygraph is a type of lie detector test that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while the subject is asked and answers a series of questions.

Question 5

Employees' right to privacy in the private sector workplace is governed by state tort law.

Accepted Answer

Employees' right to privacy in the private sector workplace is often governed by state tort law, which can vary by state and provides a legal framework for addressing privacy violations.

Question 6

If information is only disclosed orally, and not in writing, it could still be potentially libelous.

Accepted Answer

Libel refers specifically to defamatory statements made in a fixed medium, primarily written but also including broadcast, digital, and other permanent forms. Oral statements are considered slander, not libel.

Question 7

The simplest means to eliminate privacy issues arising from drug testing is to get employees to consent to drug testing and waive related statutory rights.

Accepted Answer

Drug testing without consent can violate employees' privacy rights. Consent and waiver of rights protect employers from legal challenges.

Question 8

Privacy torts focus on injury to the employee's reputation, while defamation is tied to the resulting emotional injury.

Accepted Answer

Privacy torts primarily concern the right to be left alone and the protection against unwarranted public disclosure of private facts, intrusion upon seclusion, false light, or appropriation of name or likeness, focusing on the violation of privacy itself rather than reputation. Defamation, on the other hand, specifically addresses harm to an individual's reputation through false statements.

Question 9

Technology permits managers to monitor employees' telephone conversations, but not text messaging and voicemail.

Accepted Answer

Technology does allow managers to monitor not only employees' telephone conversations but also text messaging and voicemail, subject to legal and ethical guidelines.

Question 10

In order to be actionable, a defamatory statement must be published, which can include making statements about the employee in question in public.

Accepted Answer

For a statement to be considered defamatory, it must be made to someone other than the person it's about; this is often referred to as "publication" of the statement. Making statements in public or to another individual can satisfy this requirement.

Question 11

Employers can require random drug testing, provided that all employees are subject to the random testing.

Accepted Answer

Employers can implement random drug testing policies as part of their workplace rules, provided they comply with applicable laws and regulations, and ensure that the testing is conducted uniformly among all employees to avoid discrimination.

Question 12

Privacy expectations of employees in both the public and private sectors have increased with the expansion of employee rights in the workplace.

Accepted Answer

The expansion of employee rights in the workplace, including laws and regulations related to privacy, has led to increased privacy expectations among employees in both the public and private sectors.

Question 13

It is unlawful for an employer to require its employees to report their weight, body fat, and glucose levels, even if the company pays for the doctor's visit to get the requested health information..

Accepted Answer

Employers can require health information if it is part of a voluntary wellness program and complies with laws like the ADA and GINA, ensuring no discrimination or misuse of the data.

Question 14

Employers have even applied video surveillance to off the job.

Accepted Answer

Employers have increasingly used video surveillance to monitor employees' activities outside of work, raising privacy concerns.

Question 15

Employers may base an employment decision on genetic information.

Accepted Answer

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers from using genetic information in hiring, firing, job placement, or promotion decisions.

Question 16

Some jurisdictions allow employers to terminate employees for smoking off the company premises.

Accepted Answer

Some jurisdictions do not have laws protecting the rights of employees to engage in legal activities, such as smoking, outside of work hours and premises, allowing employers to terminate employees for such activities if they choose.

Question 17

Unlike absolute privilege, qualified privilege may be lost or exceeded.

Accepted Answer

Qualified privilege offers protection against defamation claims under certain circumstances, but this protection can be lost if the privilege is abused, such as by acting with malice or publishing information beyond what is necessary.

Question 18

In the public sector, there are far fewer prohibitions on public disclosure of personnel records.

Accepted Answer

In the public sector, there are often more restrictions on the disclosure of personnel records due to privacy laws and regulations designed to protect employee information.

Question 19

The truth is proof against defamation.

Accepted Answer

Defamation law generally holds that statements which are true cannot be defamatory, as defamation involves the communication of false statements that harm someone's reputation.

Question 20

All employers are covered under the EPPA.

Accepted Answer

The Employee Polygraph Protection Act (EPPA) does not cover all employers; it primarily applies to private employers and exempts government agencies and certain security-related businesses.

Quiz 13: Privacy and Recent Developments in Employment Regulation