Quiz 13: Privacy and Recent Developments in Employment Regulation

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

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

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

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

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

All employers are covered under the EPPA.

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

The truth is proof against defamation.

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

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

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

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

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

Employers have even applied video surveillance to off the job.

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..

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

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.

Employers may base an employment decision on genetic information.

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

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

Which is not a category of employee privacy protection discussed in the text? A)Public disclosure of employee information B)Constitutional rights to privacy C)Invasion of privacy D)Defamation

Many individuals do not understand that their constitutional protections are: A)all encompassing and employers cannot invade privacy at work. B)only valid if the employee reports a violation within a week of the occurrence. C)limited only to intrusion into their privacy by governments. D)limited to being at home and that they are null in a work setting.

Which of the following enacted laws specifically protects individual privacy rights in the private sector? A)California B)Michigan C)both states have enacted this type of law D)neither state has enacted this type of law

Employees in the public sector enjoy far greater privacy protection than their private sector counterparts because their employers are: A)small corporations that cannot afford surveillance B)large corporations that can afford better benefits C)nongovernmental entities D)governmental entities

What is the legal term for oral comments that challenge an employee's reputation in the community? A)libel B)slander C)negligent D)absolute privilege

Most employment records, which may include personal records, are kept on file for: A)a period of days B)a period of weeks C)a period of months D)a period of years

The legal term for a wrong or injury that is actionable in court. A)tort B)clause C)act D) statute.

Which of the following is an example of a tort that covers an individual's right to privacy? A)Misappropriation of another's name or likeness B)The Privacy Act of 1974 C)Michigan Preservation of Personal Privacy Act D)B & C

Employers should take particular precautions regarding the disclosure of employee medical information because of penalties contained in which two federal statutes? A)ADA and EPPA B)HIPAA and ADA C)COBRA and EPPA D)ADA and ERISA

The __________ makes it unlawful for most private sector employers to require applicants to submit to a lie detector test as a condition for employment. A)ADA B)HIPAA C)EPPA D)GINA

Which of the following employers would not be exempted under the Employee Polygraph Protection Act? A)local government B)pharmaceutical company C)banking institution D)university

__________ is an injury to an employee's reputation by an employer by disclosing highly personal information. A)Defamation B)Negligence C)Privacy D)None of the above

When confronted with a defamation charge, the employer would have __________ general defenses on which to rely. A)two B)three C)four D)five

Which of the following is not a defense against defamation? A)qualified privilege B)absolute privilege C)statistical validation D)the truth

Qualified privilege is also called: A)absolute privilege B)conditional privilege C)constitutional privilege D)constructive privilege

In the instance of qualified privilege, immunity is based on the fact that the statement was made in the performance of some: A)social duty B)personal duty C)judicial duty D)any of the above

__________ of privilege can occur when the information in question is accessible through excessive publication of the defamatory information. A)Reinstatement B)Retracting C)Abuse D)Loss

Employers may monitor employees on the job through: A)video surveillance B)email C)text messages D)all of the above

An employee's written permission giving an employer the right to disclose personal information affords the employer: A)validation B)absolute privilege C)conciliation D)immunity

Employers may use video surveillance in the workplace for: A)pilferage reduction B)performance monitoring C)security D)all of the above

Generally, ______ are legitimate locations for a video surveillance camera? A)restrooms B)employee lounges C)cubicle spaces D)locker rooms

Private sector employers enjoy __________ latitude in conducting searches and surveillance of their workplaces than government employers. A)far less B)far greater C)slightly less D)equal

Employers may require random drug testing of employees provided that __________ are subjected to the random testing. A)only newly hired employees B)only employees suspected of formerly using drugs C)all employees D)none of the above

Which of the following is not a requirement under the Drug-Free Workplace Act? A)Disseminate the drug-free policy B)Require drug tests of all employees C)Establish a drug-free awareness program D)Make a good faith effort to maintain a drug-free workplace

In a state with smoker protection laws or smoker's rights laws, which of the following employers' actions is likely to be unlawful? A)Terminating an employee for smoking on company property B)Terminating an employee for smoking in his yard. C)Requiring an employee to attend a smoker cessation clinic or pay higher ehalth insurance premiums. D)none of the above are unlawful

The purpose of __________ is to prohibit the use of genetic information in either health insurance eligibility issues or employment. A)HIPAA B)GINA C)EPPA D)COBRA

Under which circumstance listed below is an employer not authorized to disclose genetic information? A)an employee's spouse requests the information B)the employee requests the information C)in response to a court order D)an occupational or other health researcher requests the information

In order to collect genetic information, the employer must have the written consent of: A)the state court B)the local court C)the employee D)a medical professional

Which of the following is (are) true about employer dress codes and grooming policies: A)They are important for maintaining a company's public image. B)They may not place an undue burden on one class of employees over the others. C)There may be exceptions for certain employees. D)all of the above.

What is (are) the most common challenges made by employees against employer dress codes and grooming policies? A)sex discrimination B)religious accommodation C)national origin discrimination D)A and B

Elaborate on what the aggrieved party must demonstrate in a defamation claim.

What are an employer's obligations under the Drug-Free Workforce Act? List five legitimate reasons to require drug testing at work.

Discuss the Genetic Information Nondiscrimination Act.When is an employer allowed to disclose genetic information?

The Complaining Party (CP) in this case is a Caucasian male who was a room service waiter for a Casino Hotel in Atlantic City, New Jersey.The CP has had long hair throughout most of his employment with the Hotel, which he has worn in a ponytail that is tucked "neatly" into a bun at the back of his head.Between April of 2011 and April of 2015 the CP received no indication from the Defendants that his hairstyle violated any grooming policies, standards, or guidelines.Then, on April 11, 2015, the CP attended a meeting for room service employees.Each of the employees received a copy of the Hotel's new grooming policy, which stated, in pertinent part, that "ponytails on men must be clipped and tucked neatly inside a shirt collar." The CP signed a statement acknowledging that he received and understood the policy.