Deck 13: Disability Discrimination

Question 1

Kay Poplin was employed as a dental hygienist for Dr.Clark Smith.Dr.Smith rubbed up against her body during working hours and asked for sex.Dr.Smith called her home at all hours of the night making lewd sexual comments.He would drop by her home unannounced 3 to 4 times a week,exposing himself and asking for sex when she opened the door.Kay quit her job.

A)Kay has a cause of action for violation of the Privacy Act.
B)Kay has a cause of action for intrusion into seclusion.
C)Kay does not have a cause of action because she did not call the police.
D)Kay does not have a cause of action because the outrageous conduct took place outside the workplace.

Answer 1

B

Question 2

Melissa is fired for stealing from her employer,LaMont and Co.She is convicted of the theft,but gets probation instead of jail time.Some time later,a prospective employer calls LaMont for a reference,and is told that the reason for Melissa's termination was that she had committed theft of employer property.Melissa does not get the new job.LaMont has defamed Melissa.

Answer 2

False

Question 3

Tanya has told a number of coworkers about her intimate liaisons with clients of the firm.Her supervisor has heard some of these stories secondhand.In Tanya's next performance review,her supervisor notes these in the review as potential dangers to the company.Tanya believes that the performance review,which will be viewed by higher-ups in the company,makes her appear to be a woman of loose morals.Her employer is probably safe from liability arising out of the tort of publication in a false light.

Answer 3

True

Question 4

Colleen is employed by Total World Fitness Club as a secretary.Recently,due to stress in her life,she has been binging on chocolate ice cream.As a result,Colleen has gained 14 lbs.Her employer has counseled her about the problem and advised her that she must lose the weight in order to conform to company standards of fitness.Colleen fails to lose the weight and is fired.

A)Colleen has a cause of action for discrimination based on the American with Disabilities Act (ADA).
B)Colleen does not have a cause of action for discrimination under the ADA because her weight does not substantially affect a major life activity.
C)Colleen has a cause of action based on her right to privacy because her employer fired her for the off-work activity of eating.
D)None of the choices are correct.

Question 5

The Privacy Act of 1974,originally enacted to apply to government employees only,was extended to cover private sector employees in 1991.

Question 6

Private sector employees can sue their employers based on state tort law as well as for violation of their constitutional right to be free from unreasonable search and seizure.

Question 7

Roger Greenberg was fired after being accused of misappropriation of company funds,a charge which he vehemently denied.When he applied for another job,he had to explain to the prospective employer why he was fired.After being turned down for several jobs,Roger can file an action against his former employer for

A)publication in a false light.
B)compelled self-disclosure defamation.
C)public disclosure of private facts.
D)Roger has no cause of action against his former employer.

Question 8

Andrew was employed by the Emerald City in the accounting department.David,the head of the department,stormed into Andrew's office demanding to search the files and all records of payments made by Emerald City to Holland Construction.David accused Andrew of getting "kick backs" from Holland Construction.Andrew attempted to leave the office during the search and David closed the door and told him to stay until all of the files had been reviewed.

A)Andrew's 4thAmendment rights have been violated because the search was per se unreasonable.
B)Andrew has a claim for defamation.
C)Andrew has a cause of action for false imprisonment.
D)Andrew has no recourse because the search was reasonable.

Question 9

In most states,it is illegal for an employer to prohibit dating among co-workers and terminate violators of this rule.

Question 10

The HR director for Hope Industries forbids the office staff from turning the computers off at the end of the day because he believes that this will save electricity.He has instructed them to turn the monitor off only.Cassandra,a member of the housekeeping staff,inadvertently discovered that the computers were on and now routinely sits at the computers during her break,reading the computerized personnel files of her co-workers.During one of these breaks,she discovers that her supervisor,Truman,has HIV.Cassandra tells all of her co-workers.

A)Truman does not have a cause of action against his employer because the HR department did not intentionally disseminate the information.
B)Truman does not have a cause of action against his employer because Cassandra was not an agent of the company authorized to use the computers.
C)Truman has a cause of action against his employer for violation of the Privacy Act.
D)Truman has a cause of action against his employer for invasion of privacy.

Question 11

It is a violation of the Electronic Communications Privacy Act (ECPA)for an employer to open personal email sent to its employees on the company's system because the courts have held that employees have an expectation of privacy in their personal email.

Question 12

The Wiretap Act,generally known as "Title III," makes the interception of electronic communication legal if done by law enforcement officers conducting criminal investigations.

Question 13

Surveillance by design occurs when all information that is sent through a system is caught and cataloged.

Question 14

A search can include bodily intrusions,but does not include the collection of bodily fluids such as blood samples or urinalysis.

Question 15

Greg invites his supervisor (Leslie)and two other colleagues (Wanda and Eileen)to go fishing on his boat.While fishing,they have some beers.Eileen gets so drunk that she falls overboard.Greg,Leslie and Wanda rescue Eileen with the help of the harbor police.Leslie reports the incident to management of the company,which opens an investigation.Greg refuses to cooperate and is disciplined.

A)Greg has a privacy right to keep silent because the incident happened at a social occasion and away from the work place.
B)Greg has a 5^th Amendment right not to cooperate because the information that he provides might be used against him by the company in a disciplinary proceeding.
C)Greg's rights have not been violated because the company has legitimate business reasons for seeking information about the fishing incident.
D)Although Greg's right to privacy has been violated,the company can discipline him based on the information that it gets from Leslie,Wanda and Eileen.

Question 16

A waiver by an employee of any claim he may have against his employer for invasion of privacy due to a workplace search is enforceable by the court:

A)only if the waiver is given prior to the offer of a job.
B)if the waiver is knowingly and voluntarily given.
C)even if there is no consideration given by the employer.
D)only if the waiver is not in writing.

Question 17

Pursuant to the USA PATRIOT Act,the government can request confidential information from employers about their employees.The employer can

A)refuse because the Act gives employers the right to maintain employee privacy.
B)refuse by asserting the employee's constitutional right to privacy.
C)refuse and ask to receive a subpoena,a search warrant or a FISA order before releasing employee confidential information.
D)refuse after receiving a FISA order and demand a hearing before a federal judge.

Question 18

As noted in Griswold v.Connecticut,a citizen's right to privacy is explicitly guaranteed in the U.S.Constitution.

Question 19

The Health Insurance Portability and Accountability Act (HIPAA)protects employers from liability for dissemination or use of an employee's medical records as the basis for an employment decision.

Question 20

Sean was employed by Office World as a manager.He was fired for sexually harassing his secretary.A prospective employer called for a reference and was told why Sean was terminated.

A)Sean has a cause of action for defamation.
B)Office World is not liable because the statement was true and was made in good faith.
C)Sean has a cause of action for invasion of privacy.
D)Office World is liable for public disclosure of private facts.

Question 21

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.Some time later,he is subjected to a search.If Charles seeks legal redress on the grounds that the search violated his privacy rights,his employer:

A)will be unable to successfully assert the waiver as a defense because it was not given voluntarily.
B)will be unable to successfully assert the waiver as a defense because Charles did not grant it intentionally
C)will be unable to successfully assert the waiver as a defense because it was not given in exchange for any valuable consideration.
D)will be able to successfully assert the waiver as a defense because it was given in exchange for valuable consideration.

Question 22

Someone claiming to be an employee of the employer for whom Bernie works has been handing out flyers denigrating the employer at a local shopping mall.Bernie's employer had its security force search all of the employees' lockers to see if they had any of the flyers. Bernie can file an action against his employer under the 4^th amendment if
I)His employer is a private company that has a government contract.
II)His employer is a state or local government.
III)His employer is the federal government.
IV)His employer is a non-profit organization.

A)I,II and IV.
B)I,III and IV
C)II and III.
D)III and IV.

Question 23

An employer does not have a legitimate interest to monitor employee email when the purpose is to

A)ensure that the e-mail is not being used in ways that offend others,to harm morale,or for disruptive purposes.
B)in connection with a reasonable investigation of possible employee misconduct.
C)protect against the maintain disclosure of sensitive data by disloyal or careless employees.
D)compile a book for employers on the topic of anecdotes about Internet usage .

Question 24

An employee unreasonably detained during a search by a private employer may have a viable cause of action against the employer for

A)defamation.
B)false imprisonment.
C)assault.
D)battery.

Question 25

For which of the following does Josh,an employee,generally have the greatest expectation of privacy?

A)Josh's desk drawers in his office.
B)Josh's briefcase that he carries to and from the office and home.
C)Josh's business use company car.
D)Josh's locker at work.

Question 26

Jackson was employed by the police department.His brother,Jared,was running for mayor against incumbent,Mallory Jacobs.Jackson used the police department's wiretapping equipment to intercept Mallory's telephone calls.He gave information from the intercept to Jared for use in the debate between the candidates.Mallory received an anonymous tip concerning Jackson's conduct,and Jackson was fired for unauthorized wiretapping.

A)Jackson may have a claim for wrongful termination if the wiretapping was done as part of an investigation of a crime.
B)Jackson's rights under the Privacy Act have been violated.
C)Jackson has a claim for wrongful termination because he was trying to help his brother and he didn't make a public disclosure of the information.
D)None of the choices are correct.

Question 27

For a state to infringe on a right not deemed to be a fundamental interest,the state must show:

A)a valid state interest.
B)a compelling state interest.
C)a reasonable state interest.
D)a fundamental state interest.

Question 28

Under the Privacy Act of 1974:

A)an employee can seek both civil and criminal remedies for violations of the act by private sector employers only.
B)an employee can seek both civil and criminal remedies for violations of the act by private sector employers and federal government employers.
C)an employee can seek both civil and criminal remedies for violations of the act by federal government employers.
D)an employee is barred from legal remedies unless they can demonstrate interference with the orderly functioning of the government.

Question 29

Title II of the Omnibus Crime Control and Safe Streets Act of 1968,as amended,permits employers to monitor telephone calls without a court order when I.one of the parties to the communications has given prior consent.
II)where the equipment used is what is used in the ordinary course of business.
III)the employee is using a cell phone but not when the employee is using a land line

A)I only
B)I,II and III
C)I and II
D)None of the choices is correct.

Question 30

The USA PATRIOT Act

A)gives the federal government the power to monitor internet usage by any American citizen if the information sought is relevant to an ongoing criminal investigation.
B)expanded the government's authority to intercept wire,oral and electronic communications relating to terrorism.
C)allows nationwide seizure of voice mail messages pursuant to warrants.
D)All of the choices are correct.

Question 31

Rosalie is an employee of High & Mighty.She uses her company computer to check her personal email.In particular,Rosalie reads email from her sister,who is a stay at home mom who takes care of Rosalie's two children in addition to her own.Rosalie and her sister communicate social messages such as when Rosalie will pick up her children.Rosalie gets an email from her sister.She opens it and finds 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.

A)Rosalie can maintain an action against High & Mighty for intrusion upon seclusion.
B)Rosalie has no cause of action against High & Mighty because she has no reasonable expectation of privacy regarding her personal email when she uses the Company's computer.
C)Rosalie can maintain an action for violation of the Electronic Communications Privacy Act (ECPA)
D)Rosalie has no cause of action against High & Mighty because she was conducting personal business at work instead of performing the duties of her job.

Question 32

Based on the categorization by Colin

A) glitch.
B) design.
C)default.
D)possession

Question 33

Samantha is well built and proud of it.She works as a sales representative for First Mate Boat Brokers.She and her sales manager,Carl,are good friends.He dares her to pose topless on one of their top of the line boats,saying that he will keep the photographs private and that they will inspire his efforts to sell the boat.She poses and he takes pictures.Later Carl sends an email,with the pictures attached,to Ralph,another salesman at First Mate.The email tells Ralph that Samantha asked Carl to take the pictures so that they could be published in the magazine "Boating Babes." Samantha finds out about Carl's email and tells him to destroy the pictures and not to send them to anyone else,especially not to the magazine.Carl sends the email to other employees at First Mate and to the magazine.

A)Samantha may have a cause of action against Carl and First Mate for intrusion into seclusion.
B)Samantha may have a cause of action against Carl and First Mate for publication in a false light.
C)Samantha has no cause of action because she posed for the photographs willingly.
D)Samantha has no cause of action because she has no reasonable expectation of privacy at work.

Question 34

John was Brad's supervisor.He was angry with Brad,so he posted a copy of Brad's criminal record on the wall in the break room.Brad has a case for

A)public disclosure of private facts.
B)intrusion into seclusion.
C)publication in a false light.
D)None of the choices is correct.

Question 35

In the workplace of the private sector employer:

A)employee rights under the Privacy Protection Act of 1974 are stronger than the rights of the employer under the Act.
B)employees have no legitimate expectation to any privacy rights.
C)employees have limited rights to privacy in the workplace.
D)employees have an absolute right to privacy in the workplace.

Question 36

Lane was employed by the county as the public assistance coordinator.She was fired after her office was searched by her supervisor.Her supervisor claimed that she searched the office looking for evidence that Lane was engaged in food stamp fraud.

A)Lane's 4thAmendment rights have been violated because the search was per se unreasonable.
B)Lane has no recourse because her employer had reasonable grounds to suspect the search would reveal that she was engaged in food stamp fraud.
C)Lane can file an action based on the Privacy Act.
D)Lane can file a claim based invasion of privacy.

Question 37

Connor was employed by Tabor City Bank.He left the company voluntarily after he ended a personal relationship with Laura,the branch manager,who was his boss.When a prospective employer contacted the bank for a reference,Laura told him that Connor had been fired for misconduct and was not eligible for re-hire.Connor did not get the job.

A)Connor has a cause of action for publication in a false light.
B)Connor has a cause of action for defamation.
C)Connor has a cause of action for public disclosure of private facts.
D)None of the choices are correct.

Question 38

A private employer's regulation of off-work activities may be limited by

A)common law privacy protections.
B)the Privacy Act of 1974.
C)the Fourth Amendment.
D)a complaint to the Privacy Protection Study Commission.

Question 39

An employer cannot be held liable to an employee for the tort of intrusion into seclusion unless,among other things:

A)the employee was entitled to privacy in the area into which the employer is alleged to have improperly intruded.
B)the employee failed to waive his privacy interest.
C)the employee waived his privacy interest.
D)the employee can demonstrate that the seclusion was rationally related to a legitimate employer interest.

Question 40

Suzy is employed as a secretary for a federal government agency.Her supervisor has insinuated that there are copies of email with negative references in her personnel file.Suzy has demanded to see her personnel file and her supervisor has refused.Her supervisor has violated

A)the 4^th Amendment.
B)Electronic Communications Privacy Act (ECPA)
C)the Privacy Act of 1974.
D)All of the choices are correct.

Question 41

Beauregard is a high level employee of the Department of State.Recently,he has been using official travel for trips to a number of locations around the world,where,coincidentally,there are beautiful beaches,including Rio de Janeiro,Tahiti,St.Tropez,Maui and Ibiza.A number of requests have been made for his travel records.Absent an applicable routine use,the Privacy Act will lead to a denial of the request from

A)a journalist who is writing a story about misuse of travel by federal employees.
B)the Comptroller General of the United States for a GAO study of federal employee travel.
C)a subcommittee of Congress with jurisdiction over budget of the Department of State.
D)the Inspector General of the Department of State who is investigating Beauregard's activities.

Question 42

The Barton & Nightingale Hospital chain has informed all of its employees that due to the health risks of smoking and the high cost of health insurance premiums,it will prohibit the off-duty use of tobacco by al employees starting in one year from the date of the announcement.Smoking cessation programs will be made available to those who need them.Barton & Nightingale will

A)be liable for the tort of intrusion into seclusion if it attempts to enforce the policy.
B)be unable to enforce the policy in at least 29 states and the District of Columbia which prohibit abstention from smoking as a condition of employment
C)be unable to enforce the policy because the U.S.Supreme Court has held that the constitutional guarantee of personal liberty protects fundamental personal rights.
D)banning smoking discriminates against smokers as a particular group and thus violates the equal protection clause of the U.S.constitution.

Question 43

List and discuss different ways employers can avoid liability for invasion of privacy.

Question 44

Cedric is an employee of Zeus Electronic Consulting.Zeus provided Cedric with a laptop computer for use at work and while he was traveling on company business.Cedric usually kept the computer at home when he was not using it at work.Zeus has an announced policy of monitoring employees' use of computers,including their accessing the Internet.Upon hiring,each Zeus employee was informed of the company's monitoring efforts through training and an employment manual.They were also reminded that the computers were company-owned and not to be used for illegal activities.While monitoring Internet usage,Zeus discovered that Cedric had been using the computer to access child pornography.The IT department at Zeus notified the FBI about Cedric's activities.At the request of the FBI,Zeus retrieved the computer from Cedric and turned it over to the FBI.

A)Cedric's 4^th Amendment rights have been violated because the FBI received evidence from his computer without his consent and without a warrant.
B)Cedric's 4^th Amendment rights have been violated because he had a reasonable expectation of privacy because he usually kept the computer at home.
C)Cedric's 4^th amendment rights have not been violated because permission to search was obtained from Zeus,a third party who possessed common authority over the computer.
D)Cedric's 14^th Amendment rights have been violated because the FBI received evidence from his computer without due process.

Question 45

How do the 5th and 14th Amendments protect a government employee's right to privacy? How do the courts determine what privacy rights are to be protected under the Constitution?

Question 46

In order to bring a claim of defamation,an employee must show false and defamatory words were issued concerning the employee and they were negligently or intentionally communicated to a third party

A)with the employee's consent.
B)without the employee's consent,but only if the words relate to off-work conduct.
C)without the employee's consent,but only if the publication was in writing.
D)without the employee's consent.

Question 47

Margo works for a religious bookstore.Seventeen years ago,in a distant state and as an unmarried juvenile,Margo had an abortion.Coworker "A" discovers this fact from a chance meeting with one of Margo's former high school classmates.Coworker "A" purposely reveals it to other coworkers,who find the fact that she had extramarital sex and an abortion to be deeply offensive.Thereafter,Margo is ostracized at work.Does Margo have any legal recourse against the coworker who made this revelation? Explain.

Question 48

The regulation of personal data privacy varies depending on where you are located in the world.Some countries have omnibus data protection laws that regulate all data about identifiable people.One country that has comprehensive data protection laws is

A)France
B)the United States of America
C)China
D)India

Question 49

What is the justification for monitoring employee internet use?

Question 50

The U.S.Bureau of the Mint,a federal agency,produces collectible item such as commemorative coins and medals.Due to prior incidents of theft,a video surveillance was conducted on the production line of the Mint.It what appears to be Herb,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,Mint officials search Herb's locker and find the stolen medals.Can Herb have the search invalidated on the grounds that it was unjustified? Explain your answer.

Question 51

With regard to employee privacy rights,what is the difference between public sector employees and private sector employees?

Question 52

A flight attendant,who had a blog called "Queen of Sky:Diary of a Flight Attendant," was fired after she posted pictures of herself in her uniform on an empty airplane because her employer deemed the photos and comments posted on her blog to be inappropriate.She is one of several bloggers who have been fired for writing about work,colleagues and/or customers on their blog.The expression that is used to refer to this phenomenon is

A)googled
B)requeled
C)punked
D)dooced