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

Where the state attempts to infringe on anything that has been determined to be a fundamental right,that infringement or restriction must be justified by a compelling state interest for the restriction to be allowed.

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

Tanya openly talks to her co-workers about her intimate liaisons with certain clients of her firm.Tanya's supervisor,John,comes to know about this.During her performance review,he mentions that her behavior can harm the reputation of the company.Tanya believes that when senior officials view the performance review,it will project her as a woman of questionable morals.In this case,John has not committed the tort of publication in false light.

As a condition of being allowed to apply for a job with Good Hands Industries,Charles 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 Charles seeks legal redress on the grounds that the search violated his privacy rights,his employer:

Gerard is a high-level employee at the U.S.Department of State.He found out that the department leaked confidential information about him without his consent.In this case,Gerard can sue the Department of State as his rights have been violated according to the _____.

Employment-at-will means that the employee serves at the will of the employer.

Josh left an employee's private medical files on his desk.These files fell on the floor,and the entire office learned that the employee had AIDS.The employee did not want anyone to know about his medical condition.In this case,which of the following torts has Josh committed?

The Privacy Act of 1974,originally enacted to apply only to government employees,was extended to cover private sector employees in 1977.

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

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

What must exist for the Fourth Amendment's protection against unreasonable search and seizure to be applicable to a given situation?

In the context of the right to privacy,an employer's legitimate interests are given priority over the employer's responsibility to protect employees' and customers' personal information.

Which of the following statements is true of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act?

Fliers are handed out at a local shopping mall denigrating an employer.The employer had its security force search all of its employees' lockers to see whether they had any of the fliers.Bernie,one of the employees,is infuriated by his employer's action.In this case,Bernie can file an action against his employer under the Fourth Amendment if his employer is a:

Samantha finds that Carl,her friend and supervisor,keeps in his desk drawer photos of her in a revealing bikini that she wore when they hung out at Carl's backyard pool one weekend.She asks Carl to return the pictures,and instead Carl emails the pictures to other supervisors and employees.Which of the following statements is most likely to be true in this situation?

Which of the following is a guideline to be considered in formulating an accountable process for employee monitoring as suggested by Kevin Conlon,district counsel for the Communication Workers of America?

It is unlawful under the Electronic Communications Privacy Act for an employer to authorize an interception even when the equipment used is what is used in the ordinary course of business.

Rosalie is an employee of HG Mighty Inc.She uses her office computer to check her personal email.Rosalie opens one of her emails to find a link to a joke with a pornographic picture embedded in the message.Rosalie is called into her supervisor's office and reprimanded for violating the company's policy against accessing pornography.Which of the following statements is most likely to be true in this scenario?

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

Under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act,a judicial warrant is required to grant access to sensitive data.