Deck 4: Employee Privacy Rights in the 21st Century

Question 1

HIPAA stands for:

A) Health Insurance Protection and Accountability Act.
B) Health Insurance Portability and Accountability Act.
C) Health Insurance Prevention and Accountability Act.
D) Health Insurance Provision and Accountability Act.

Answer 1

B

Question 2

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:

A) selected HIPAA regulations.
B) all HIPAA regulations.
C) amended HIPAA regulations.
D) HIPAA non disclosure policies.

Answer 2

B

Question 3

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

A) not sufficiently offensive or serious to give rise to liability.
B) sufficiently offensive or serious to give rise to liability.
C) malicious.
D) none of the above.

Answer 3

A

Question 4

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

A) Fourth Amendment.
B) Eighth Amendment.
C) Fifth Amendment.
D) Fourteenth Amendment.

Question 5

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

A) placing the plaintiff in a false light in the public eye.
B) violating the Fifth Amendment.
C) intellectual property theft.
D) intrusion upon employees' privacy.

Question 6

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

A) prevent employers from using PHI for personnel decisions.
B) prevent employers from creating a "firewall" between employees who administer health insurance plans and all other employees.
C) protect employees and applicants who may suffer from physical and mental disabilities.
D) remove many thousands of private employers from HIPAA and its implementing regulations.

Question 7

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

A) postal interception.
B) observation with binoculars.
C) eavesdropping.
D) direct observation.

Question 8

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

A) with an appropriate notice.
B) through a written warrant.
C) with the permission of state authorities.
D) with or without prior notice.

Question 9

Employee privacy rights for unionized employees are covered under:

A) the First and Fourteenth Amendments of the Constitution.
B) criminal invasion of privacy.
C) the tort of invasion of privacy.
D) collective bargaining agreement.

Question 10

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

A) criminal liability.
B) tort liability.
C) civil liability.
D) absolute liability.

Question 11

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

A) Quon v. Arch Wireless Operating Co., Inc.
B) Williams v. City of Tulsa.
C) Griswold v. Connecticut.
D) Massey v. Roth.

Question 12

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

A) 1889
B) 1899
C) 1998
D) 1999

Question 13

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

A) intrude on their seclusion, solitude or private affairs.
B) probe into their personal lives and medical history.
C) monitor their relationships with individuals at the workplace.
D) request for irrelevant information and past records.

Question 14

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

A) after an employee exits a company.
B) at the hiring stage.
C) during collective bargaining.
D) over employees' Internet usage.

Question 15

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

A) liability.
B) defamation.
C) libel.
D) invasion of privacy.

Question 16

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

A) statutory rule.
B) malice.
C) absolute privilege.
D) state rule.

Question 17

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

A) Fifth, Fourth
B) Fourth, Fourteenth
C) Fourteenth, Fifth
D) Fifth, Ninth

Question 18

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

A) animosity toward somebody.
B) a physical altercation must have taken place.
C) knowledge that a statement is false or a reckless disregard of its truth or falsity.
D) none of the above.

Question 19

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

A) not lawful.
B) computer theft.
C) computer trespass.
D) not "without authority."

Question 20

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

A) the right to be left alone
B) the right to do personal activities while at work
C) the right to talk about co-workers and bosses in a negative manner without repercussion
D) the right to be hired/promoted without regard to gender, race, national origin, or sex

Question 21

Describe malice in the context of defamation and invasion of privacy.

Question 22

Increases in incidents of workplace violence and concomitant increases in ____________ lawsuits, by customers and co-workers of violent employees, have added urgency to the effort of checking employees' background.

A) malice
B) academic freedom
C) negligent hiring
D) substance abuse

Question 23

Pre-employment drug testing is typically considered:

A) contractual.
B) mandatory.
C) illegal.
D) a company policy.

Question 24

What does surveillance and eavesdropping mean?

Question 25

In Cockram v. Genesco, an employee sued for:

A) defamation and false light invasion of privacy.
B) slander.
C) unreasonable suspicion.
D) genetic testing.

Question 26

Ruth, an employee of a private sector company, was found violating company policy which strictly prohibited employees from using drugs or alcohol within company premises. Ruth was referred to the Employee Assistance Program, which she deliberately refused. This act most likely resulted in:

A) demotion.
B) termination.
C) litigation.
D) suspension pending drug test results.

Question 27

What is the most common way in which employers intrude upon their employee's privacy?

Question 28

The testing of human blood and/or urine for the presence of controlled/illegal substances is known as:

A) drug testing.
B) genetic testing.
C) reasonable suspicion.
D) mandatory testing.

Question 29

George, an employee of a private sector organization, was put through a genetic test in accordance with the company policies. The company:

A) can choose to inform him about the test.
B) has to receive a written consent from George.
C) needs to submit a written copy to the court regarding the test.
D) cannot request for a genetic test under any circumstance.

Question 30

Who are system administrators?

Question 31

What tort is committed when the privacy rights of private employees disregarded?

Question 32

Which of the following is not part of a typical pre-employment drug testing policy?

A) Applicants will be required to voluntarily submit to a urinalysis test at a laboratory chosen by the company.
B) Any applicant with positive test results will be denied employment at that time.
C) The company will not entertain applications from candidates with a history of drug or alcohol abuse.
D) All job applicants need to undergo screening for the presence of illegal drugs or alcohol as a condition for employment.

Question 33

Drug testing is mandatory under the Drug-Free Workplace Act for employers who work in:

A) the legal department of private sectors.
B) chemical factories.
C) educational institutes.
D) public sector organizations.

Question 34

In which famous case did Jurist Oliver Wendell Homes declare Virginia's compulsory-sterilization law constitutional and infamously write, "Three generations of imbeciles are enough."

A) Buck v. Well
B) Buck v. Dell
C) Buck v. Bell
D) Bach v. Dell

Question 35

In Marken v. Santa Monica-Malibu Unified School Dist., the court found that the district's planned disclosure of personnel files:

A) did not violate the teacher's right to privacy under state constitution.
B) did violate the teacher's right to privacy under state constitution.
C) was unconstitutional.
D) was false light invasion of privacy.

Question 36

Health records usually are maintained in separate HR files, as is appropriate under:

A) Employee Assistance Program (EAP).
B) The Federal Health Insurance Portability and Accountability Act (HIPAA).
C) Drug-Free Workplace Act.
D) The Department of Health and Human Services' Office of Civil Rights 2002 Guidelines.

Question 37

Justifiably suspecting a person, based on facts or circumstances, of inappropriate or criminal activities is termed:

A) a tort.
B) surveillance.
C) reasonable suspicion.
D) as a misdemeanor.

Question 38

The Human Resource (HR) department of a company maintains employee personal files. Bradley, an employee of a leather manufacturing company was terminated by his supervisor on the basis of facts that were found in the file. Considering this scenario, who else, apart from the HR department and supervisors, are allowed access to employee personal files?

A) private entities
B) co-workers
C) legal department
D) general public

Question 39

In legal parlance, EAP stands for:

A) Employee Assistance Program.
B) Employee Assessment Program.
C) Employee Agreement Program.
D) Employee Arraignment Program.

Question 40

Reasonable suspicion for substance abuse:

A) has not been linked to decrease in productivity at work.
B) could be a result of racial discrimination.
C) is a violation of HIPAA regulations.
D) is usually linked to apparent physical state of impairment.

Question 41

Discuss why genetic testing is one of the most pressing ethical dilemma employers are facing today.

Question 42

Discuss the origin of Employee Privacy Rights.

Question 43

Describe privacy concerns in the context of third-party information request.

Question 44

What is HIPAA?

Question 45

What is a background screening policy?

Question 46

Elaborate on the policy regarding employee personal files.

Question 47

What serious intrusion of employees' privacy has severe ethical implications?

Question 48

Can employers mandate the policy of genetic testing?

Question 49

Which aspect of internal investigation has instigated the highest amount of litigation? Discuss.

Question 50

Identify the entities covered under HIPPA.