Deck 15: The Employers Rights Versus the Employees Right to Privacy

Question 1

Spoofing is the construction of an electronic mail communication so that it appears to be from
someone else.

Answer 1

True

Question 2

The Employee Polygraph Protection Act bars most private-sector employers from requiring,
requesting, or suggesting that a job applicant or employee submit to a polygraph or lie detector
test, and from using or accepting the results of such tests.

Answer 2

True

Question 3

Matching
a. Employee Polygraph Protection Act of 1988
b. postaccident testing
c. statutes
d. personal surveillance
e. defamation
f. ECPA
g. Federal Privacy Act
h. Drug-Free Workplace Act of 1988
i. 48 hours
j. Federal Fair Credit Reporting Act
Testing in the context of jobs involving transportation or safety-sensitive positions, where acci-
dents pose real risks to the health, safety, and welfare of others.

Answer 3

b

Question 4

Subject to compliance with applicable laws, employers have the right to require employees and
applicants to cooperate in and pass tests for alcohol and drug use.

Question 5

Postaccident testing has been considered only in the context of jobs involving transportation or safety-
sensitive positions, where accidents pose real risks to the health, safety, and welfare of others.

Question 6

The United States Constitution is the original source of privacy rights in the United States.

Question 7

Matching
a. Employee Polygraph Protection Act of 1988
b. postaccident testing
c. statutes
d. personal surveillance
e. defamation
f. ECPA
g. Federal Privacy Act
h. Drug-Free Workplace Act of 1988
i. 48 hours
j. Federal Fair Credit Reporting Act
The period of notice time that must be given prior to administering a polygraph test to an
employee.

Question 8

Video monitoring does not violate an employee's privacy rights.

Question 9

Matching
a. Employee Polygraph Protection Act of 1988
b. postaccident testing
c. statutes
d. personal surveillance
e. defamation
f. ECPA
g. Federal Privacy Act
h. Drug-Free Workplace Act of 1988
i. 48 hours
j. Federal Fair Credit Reporting Act
An Act that gives grants to organizations so that those organizations can help small businesses
set up drug-free workplace programs.

Question 10

Matching
a. Employee Polygraph Protection Act of 1988
b. postaccident testing
c. statutes
d. personal surveillance
e. defamation
f. ECPA
g. Federal Privacy Act
h. Drug-Free Workplace Act of 1988
i. 48 hours
j. Federal Fair Credit Reporting Act
A source of an employee's right to privacy.

Question 11

An employee is protected from false or misleading public statements about the employee.

Question 12

Matching
a. Employee Polygraph Protection Act of 1988
b. postaccident testing
c. statutes
d. personal surveillance
e. defamation
f. ECPA
g. Federal Privacy Act
h. Drug-Free Workplace Act of 1988
i. 48 hours
j. Federal Fair Credit Reporting Act
The Act that prohibits federal agencies from disclosing personnel records without first obtaining
written consent.

Question 13

Matching
a. Employee Polygraph Protection Act of 1988
b. postaccident testing
c. statutes
d. personal surveillance
e. defamation
f. ECPA
g. Federal Privacy Act
h. Drug-Free Workplace Act of 1988
i. 48 hours
j. Federal Fair Credit Reporting Act
The Act that bars most private-sector employers from requiring, requesting, or suggesting that
a job applicant or employee submit to a polygraph or lie detector test, and from using or accept-
ing the results of such tests.

Question 14

Employers are not permitted to monitor employees' electronic communications under any cir-
cumstances.

Question 15

Matching
a. Employee Polygraph Protection Act of 1988
b. postaccident testing
c. statutes
d. personal surveillance
e. defamation
f. ECPA
g. Federal Privacy Act
h. Drug-Free Workplace Act of 1988
i. 48 hours
j. Federal Fair Credit Reporting Act
The only federal law governing the electronic monitoring of employees.

Question 16

Matching
a. Employee Polygraph Protection Act of 1988
b. postaccident testing
c. statutes
d. personal surveillance
e. defamation
f. ECPA
g. Federal Privacy Act
h. Drug-Free Workplace Act of 1988
i. 48 hours
j. Federal Fair Credit Reporting Act
An Act that imposes new limitations on the use of consumer credit reports in making employ-
ment decisions.

Question 17

Federal courts have approved random drug testing of broad categories of employees.

Question 18

The employer must balance the employee's right to privacy against the employer 's need to eval- uate or investigate.

Question 19

Matching
a. Employee Polygraph Protection Act of 1988
b. postaccident testing
c. statutes
d. personal surveillance
e. defamation
f. ECPA
g. Federal Privacy Act
h. Drug-Free Workplace Act of 1988
i. 48 hours
j. Federal Fair Credit Reporting Act
The act of observing or listening to employees without mechanical aids.

Question 20

Matching
a. Employee Polygraph Protection Act of 1988
b. postaccident testing
c. statutes
d. personal surveillance
e. defamation
f. ECPA
g. Federal Privacy Act
h. Drug-Free Workplace Act of 1988
i. 48 hours
j. Federal Fair Credit Reporting Act
Any false communication, either oral or written, which has a tendency to injure a person in his
or her occupation.