Exam 14: The Employees Right to Privacy and Management of Personal Information

Though a worker might be protected based on marital status,she or he is not necessarily protected against adverse action based on:

Employees of private employers are protected from unauthorized disclosure of personal information by various means including all of the following except:

Which information below is NOT legally protected (i.e.,it can be legally accessed by the employer)under U.S.privacy law?

Pursuant to the USA PATRIOT Act,when the government requests confidential information from employers about their employees,the employer can choose not to cooperate:

Candy was fired by Quik2Stop because she stole from the cash register.A police report was filed.A prospective employer called Quik2Stop to ask for a reference and was told that Candy was fired for stealing.In this case,Quik2Stop illegally defamed Candy.

Which of the following is true about constitutional protections available to public employees and/or private employees for inappropriate disclosure of personal information by their employer?

Mariel works for a religious bookstore.She had an abortion when she was 16.Abby,a co-worker,discovers this fact from a chance meeting with one of Mariel's former high school classmates.Abby reveals this to her co-workers,who find the notion that Mariel had extramarital sex and an abortion to be deeply offensive.Thereafter,Mariel is ostracized at work.Does Mariel have any legal recourse against the co-worker who made this revelation? Explain.

AJ was employed by the police department.His brother,Nicholas,was running for mayor.AJ conducted wiretapping to find out the political views of the people in the city to help Nicholas with his political campaign.When the police department learned about this,AJ was fired for unauthorized wiretapping.Which of the following statements is most likely to be true in this situation?

The Health Insurance Portability and Accountability Act permits employers to use protected health information in making employment decisions without prior consent.

Savannah is employed as a secretary for a federal government agency.Her supervisor insinuates that there are copies of her e-mails with negative references in her personnel file.Savannah demands to see her personnel file,but her supervisor refuses to grant her access to her files.In this case,her supervisor violates the ________.

Raul lives in New York.Raul's employer,Samantha,supports the Republican Party,whereas Raul supports the Democratic Party.Samantha subtly hints that Raul would get a raise if he votes for the Republicans,but Raul votes for the Democrats instead.When she finds out,Samantha demotes Raul.In this situation,Samantha's action is illegal.

What steps can an employer take to ensure respect of employee information and privacy while also maintaining a balanced management of its workforce?

As a condition of being allowed to apply for a job with Able Industries,Colton is asked to waive his right to object to workplace searches.After signing the waiver,he is offered a job,and he accepts it.Sometime later,he is subjected to a search.If Colton seeks legal redress on the grounds that the search violated his privacy rights,his employer:

There is no comprehensive federal workplace privacy legislation.

A federal agency produces collectible items such as commemorative coins and medals.Due to prior incidents of theft,a video surveillance was conducted on the production line.The video surveillance caught Steve,a line employee,dropping medals on the floor and later picking them up and putting them in his pocket while sweeping the workplace.Based on the tape,officials searched Steve's locker and found the stolen medals.Can Steve have the search invalidated on the grounds that it was unjustified? Explain your answer.

Employment-at-will means:

To encourage its employees to be healthier,RayCo Industries revamped its health insurance programs,and added certain provisions relating to weight and smoking status.Effective in the new plan year,employees who smoke are required to pay a $300 premium surcharge if they or their spouse smoke.In addition,employees who do not meet certain weight,blood pressure and cholesterol criteria must pay additional premiums of up to $1,500 per month for health insurance coverage.These surcharges are designed to cover the additional costs that these employees and/or families are expected to incur based on their unhealthy behaviors.Weight loss and smoking cessation programs were made available to employees and families.In addition,deductibles and copays were reduced for medical services related to smoking cessation and weight loss,as well as certain preventative testing.If an employee fails to quit smoking or lose weight in compliance with the new program,what might be the result?

Who among the following has committed the tort of slander?

The USA PATRIOT Act requires an employer to obtain a judicial warrant to grant access to sensitive data.A court order is not sufficient.

Describe what constitutes a "search" under the Fourth Amendment's protection against unreasonable search and seizure.