Question 1

In Hernandez v.Hillsides,Inc.,the court found that the employer intruded upon the employees' reasonable privacy expectations,and the intrusion was:

Accepted Answer

The court found that while there was an intrusion upon the employees' privacy, it was not sufficiently offensive or serious to warrant liability.

Question 2

One of the express purposes of HIPAA's privacy provisions is to:

Accepted Answer

A

Question 3

The most common way employers invade their employees' privacy is to:

Accepted Answer

Intruding on an employee's seclusion, solitude, or private affairs is the most common way employers invade their employees' privacy, often through methods like surveillance or monitoring personal communications without consent.

Question 4

The term "surveillance" is used to describe all of the following except:

Accepted Answer

The answer of The term "surveillance" is used to describe...

Question 5

The Supreme Court for the first time expressly acknowledged a right of privacy implicit in the Constitution in the case of:

Accepted Answer

The Supreme Court explicitly recognized a right to privacy in the Constitution in the case of Griswold v. Connecticut in 1965. The case involved a challenge to a Connecticut statute that criminalized the use of contraceptives, even by married couples. The Court held that the statute violated a fundamental right to privacy and that the right was rooted in various provisions of the Constitution, including the First, Third, Fourth, and Ninth Amendments.

Question 6

Public employers,unquestionably,are state actors for the purposes of the __________ and ___________ Amendments' restrictions.

Accepted Answer

The Fourth and Fourteenth Amendments' restrictions apply to public employers, and they are considered state actors. The Fourth Amendment protects against unreasonable searches and seizures, while the Fourteenth Amendment guarantees due process and equal protection of the laws.

Question 7

In Sitton v.Print Direction,Inc.,the court found that Stanton's use of Sitton's computer was:

Accepted Answer

The court found that Stanton's use of Sitton's computer was not "without authority," meaning that it was not unauthorized or illegal under the circumstances presented in the case.

Question 8

Requests for medical information and conducting internal investigations are examples of:

Accepted Answer

Requests for medical information and conducting internal investigations may involve accessing personal or sensitive information about employees, which can be considered an intrusion upon their privacy.

Question 9

What is the unifying element of the four separate privacy torts?

Accepted Answer

The unifying element of the four separate privacy torts (intrusion upon seclusion, appropriation of name or likeness, publication of private facts, and false light) is the right to be left alone. This right is based on an individual's interest in controlling the extent to which personal information is shared or made public.

Question 10

Both private and public sector employers can monitor employees' use of employer-owned computers:

Accepted Answer

Both private and public sector employers are allowed to monitor the use of employer-owned computers, but they must provide an appropriate notice to their employees prior to doing so. This notice should inform employees about what information is being collected, how it will be used, and what steps employees can take to protect their privacy. Without such notice, employee monitoring could potentially violate their right to privacy. Therefore, choice letter A is the best answer.

Question 11

Employee privacy rights for unionized employees are covered under:

Accepted Answer

Unionized employees' privacy rights are typically negotiated and outlined in the collective bargaining agreement between their union and the employer. This agreement is enforceable under labor laws and provides a framework for how the employer can collect, use, and disclose employee information. Therefore, the best option is D - collective bargaining agreement.

Question 12

If a former employer withholds relevant information about an employee from his or her new employer,this may actually expose the former employer to:

Accepted Answer

The answer of If a former employer withholds relevant information...

Question 13

In which year was the federal Health Insurance Portability and Accountability Act (HIPAA) enacted?

Accepted Answer

The Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996, not 1998. However, given the options provided and the context of the question, it appears there might be a mistake in the question or the options. The correct year, 1996, is not listed. Therefore, based on the options given, none are correct.

Question 14

Employers who are under the HIPAA umbrella are subject to the regulations of the Act and must certify in writing that they will comply with:

Accepted Answer

Employers who are considered as covered entities under HIPAA are required to comply with all regulations under the Act. Selecting only certain regulations to comply with is not sufficient. Additionally, there are no "amended" HIPAA regulations, as any changes to the regulations would be updated versions of the original regulations. Finally, while HIPAA includes policies related to non-disclosure, compliance with these policies is only a subset of overall compliance with the Act.

Question 15

Privacy rights in the employment area are important Constitutional rights extended to State and municipal employees with the due process clause of the:

Accepted Answer

Privacy rights in the employment area are protected under the due process clause of the Fourteenth Amendment, which applies to State and municipal employees. The Fourth and Eighth Amendments protect against unreasonable searches and cruel and unusual punishment, respectively, but do not specifically address privacy in employment. The Fifth Amendment also contains a due process clause, but it applies to the federal government, not state and municipal employees.

Question 16

Privacy concerns arise in the context of third-party information requests primarily:

Accepted Answer

The answer of Privacy concerns arise in the context of...

Question 17

HIPAA stands for:

Accepted Answer

HIPAA stands for Health Insurance Portability and Accountability Act. This law was enacted in 1996 to protect the privacy and security of individuals' health information and to provide guidelines for the use and disclosure of such information by healthcare providers, insurers, and other entities covered by the law. It also ensures the portability of health insurance coverage for individuals who change jobs or lose their jobs, among other provisions.

Question 18

Malice in the context of defamation and invasion of privacy means:

Accepted Answer

Malice, in the context of defamation and invasion of privacy, refers to the knowledge that a statement is false or a reckless disregard of its truth or falsity. It is a conscious disregard for the truth or falsity of a statement, made with the intention of causing harm to the subject. Animosity or a physical altercation is not necessary for malice to exist.

Question 19

In Koeppel v.Speirs,an electronic invasion occurs under the intrusion on solitude or seclusion component of the tort of:

Accepted Answer

The electronic invasion in Koeppel v. Speirs falls under the intrusion on solitude or seclusion component of the tort of invasion of privacy. This component involves the unauthorized and intentional intrusion into someone's private space or affairs, which causes them offense or humiliation.

Question 20

Communications between employers regarding a former/prospective employee typically are protected by:

Accepted Answer

Communications between employers regarding a former/prospective employee are typically protected by absolute privilege, which means that the parties involved have immunity from being sued for defamation or other similar claims. This protection encourages open and honest communication between employers without fear of legal repercussions.

Quiz 4: Employee Privacy Rights In The 21st Century