Exam 13: Privacy and Recent Developments in Employment Regulation

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Employers may base an employment decision on genetic information.

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Employees in the public sector enjoy far greater privacy protection than their private sector counterparts because their employers are:

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D

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

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a.A statement was made concerning the individual.In the case of performance information, these statements could involve whether the employee adequately performed assigned tasks, failed to follow instructions, missed deadlines, etc.
b.The statement was presented as fact and is substantially false.This may be very susceptible to the reliability and validity of the performance appraisal instrument.If the instrument is flawed, a strong argument could be made that its inferences about an employee's work performance are false.
c.The statement impugned the employee's character or abilities and caused actual injury to his or her reputation.For example, a poor evaluation of an employee that is publicized could effect his or her reputation.
d.In order to be actionable, the defamatory statement must be "published." Making statements about the employee in question in public is an example.

Employers may use video surveillance in the workplace for:

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The purpose of __________ is to prohibit the use of genetic information in either health insurance eligibility issues or employment.

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

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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.

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Qualified privilege is also called:

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Which of the following is an example of a tort that covers an individual's right to privacy?

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Employers may monitor employees on the job through:

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What is (are) the most common challenges made by employees against employer dress codes and grooming policies?

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In the instance of qualified privilege, immunity is based on the fact that the statement was made in the performance of some:

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Which of the following is not a defense against defamation?

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Private sector employers enjoy __________ latitude in conducting searches and surveillance of their workplaces than government employers.

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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.

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

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

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All employers are covered under the EPPA.

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__________ is an injury to an employee's reputation by an employer by disclosing highly personal information.

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The truth is proof against defamation.

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