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

Question 1

Abby works for JennyJo Boutique,which is owned by Jenny.One day,Jenny escorts Abby to a back room,where she is given a polygraph test related to recent inventory losses.It is determined that Abby had nothing to do with the theft.In this case,Abby has: A.no legal recourse against JennyJo because she is an at-will employee.
B)a legal recourse against JennyJo for intrusion into seclusion.
C)a legal recourse against JennyJo because private employers have a higher duty to protect the privacy of employees than public employers.
D)no legal recourse against JennyJo because the use of the polygraph was reasonable and related to a justified business purpose.

Answer 1

D
Explanation:In this case, Abby likely has no legal recourse against JennyJo based on intrusion into seclusion because the polygraph was a reasonable way of gathering information about a justified business purpose (finding out who was stealing inventory from the store). Polygraphs and other tests may constitute a wrongful invasion that is objectionable to a reasonable person. On the other hand, if the employer can articulate a justifiable business purpose for the inquiry/invasion, the conduct may be deemed acceptable.

Question 2

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.

Answer 2

False
Explanation:The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act grants access to sensitive data with only a court order rather than a judicial warrant, among other changes, and imposes or enhances civil and criminal penalties for knowingly or intentionally aiding terrorists. It expanded states' rights with regard to Internet surveillance technology, including workplace surveillance and amending the Electronic Communications Privacy Act.
Multiple Choice Questions

Question 3

The Privacy Act of 1974,originally enacted to apply only to government employees,was extended to cover private sector employees in 1977.

Answer 3

False
Explanation:The Privacy Act of 1974 regulates the release of personal information about federal employees by federal agencies. In 1977, the Privacy Protection Study Commission concluded that the Privacy Act should not be extended to private employers but that private sector employees should be given many new privacy protections.

Question 4

Leslie's supervisor,Greg,asks her about her living arrangements and with whom she lives.She refuses to answer Greg,and Greg fires her.Which of the following statements is most likely to be true in this case? A.Leslie will win a privacy suit under the Privacy Act against Greg for asking her about her living arrangements.
B)Greg does not have the right to ask Leslie about her living arrangements as it violates her Fifth Amendment rights.
C)Leslie's rights are not violated because it is legal for employers to ask their employees about their living arrangements.
D)Leslie is justified in denying the information about her living arrangements to Greg because it would have led to a public disclosure of private facts.

Question 5

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.

Question 6

Andrew works for the Department of Health and Human Services in the accounting department.David,the head of the department,storms into Andrew's office demanding to search the files and all records of payments made by the department to BT Holland Construction Corp.Andrew attempts to leave the office during the search,but David blocks the way and asks him to stay until the review of all the files is complete.Which of the following statements is most likely to be true in this scenario? A.Andrew's rights have been violated because the search was per se unreasonable under the Fourth Amendment.
B)Andrew has a claim for defamation.
C)Andrew has a claim for false imprisonment.
D)Andrew has no recourse because the search was justified by a legitimate business reason.

Question 7

Which of the following statements is true of the reliefs granted by the Privacy Act for employees? A.Employees can seek both civil and criminal remedies for violations of the act by private sector employers only.
B)Employees cannot seek damages and injunctive relief.
C)Employees can seek both criminal penalties and civil remedies.
D)Employees are barred from legal remedies unless they can demonstrate interference with the orderly functioning of the government.

Question 8

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? A.Jackson has a claim for wrongful termination as his act of wiretapping was not intended to cause harm.
B)Jackson's rights under the Privacy Act have been violated.
C)Jackson has a claim for wrongful termination because he didn't make a public disclosure of the information.
D)Jackson has violated the law as it is illegal to intercept messages related to political views.

Question 9

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.

Question 10

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 _____. A.Fourth Amendment
B)Electronic Communications Privacy Act
C)Privacy Act
D)Fourteenth Amendment

Question 11

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 _____. A.Privacy Act
B)Electronic Communications Privacy Act
C)Federal Wiretap Act
D)Freedom of Information Act

Question 12

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.

Question 13

No comprehensive federal workplace privacy legislation exists.

Question 14

The Supreme Court,in Griswold v.Connecticut,held that restricting a married couple's use of birth control devices is constitutional.

Question 15

Lane worked as the public assistance coordinator for the county.Her supervisor,Herald,received information that Lane was engaged in food stamp fraud.She was fired after Herald searched her office and found evidence against her.Which of the following statements is most likely to be true in this case? A.Lane's rights have been violated because she was an at-will employee and the search was per se unreasonable under the Fourth Amendment.
B)Lane has no recourse because Herald had reasonable grounds to suspect that the search would reveal she was engaged in food stamp fraud.
C)Lane has a legal recourse under the Privacy Act.
D)Lane has a legal claim for invasion of privacy.

Question 16

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

Question 17

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

Question 18

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.

Question 19

Ling was fired by MTM Mart because she stole from the cash register.A police report was filed.A prospective employer called MTM Mart for a reference and was told that Ling was fired for stealing.In this case,MTM Mart has illegally defamed Ling.

Question 20

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.

Question 21

_____ refers to defamation in a written document. A.Libel
B)Waiver
C)Slander
D)Breach

Question 22

To state a prima facie case for the tort of intrusion into seclusion,a plaintiff employee must show that,among other things,_____. A.an employee was entitled to privacy in the area into which an employer is alleged to have intentionally intruded
B)a defendant employer failed to waive his privacy interest
C)there were false and defamatory words concerning the employee
D)there was an intentional or negligent public disclosure of sensitive or confidential information about the employee by an employer

Question 23

Sean was employed by HGB Inc.as a manager.He was fired for sexually harassing his secretary.A prospective employer called HGB for a reference and was told that Sean was terminated on charges of sexual harassment.Which of the following statements is most likely to be true in this case? A.Sean has a cause for action against HGB for defamation.
B)HGB is not liable for defamation because the statement was true and made in good faith.
C)Sean has a cause for action for invasion of privacy.
D)HGB is liable for public disclosure of private facts because it is illegal to make defamatory statements about an ex-employee.

Question 24

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? A.Intrusion into seclusion
B)Public disclosure of private facts
C)Publication in a false light
D)Breach of contract

Question 25

Though a worker might be protected based on marital status,she or he is not necessarily protected against adverse action based on: A.the identity of the person to whom she or he is married.
B)the number of years for which the person is married.
C)the nature of the relationship with the person to whom she or he is married.
D)the number of privacy violations made by the person to whom she or he is married.

Question 26

Who among the following has committed the tort of libel? A.A manager who requests an employee's unlisted number
B)A manager who gives false,defamatory information about a former employee through an email
C)A manager who gives defamatory information about an employee to the management on a telephone call
D)A manager who searches an employee's desk drawer

Question 27

An employer has a legitimate interest in monitoring employee email when the purpose is to: A.ensure that the email system is not being used in ways that offend others.
B)gather marketing data for third parties.
C)gather information related to political and social views sent through emails.
D)review email in connection with an unreasonable investigation of possible employee misconduct.

Question 28

John was upset with Brad,his supervisor,for giving him a poor review during his performance appraisal.In a fit of anger,John posted a copy of Brad's criminal record on the employee notice board in the cafeteria.In this case,Brad: A.does not have a case for intrusion into seclusion as his criminal record is a product of his own doing.
B)has a case for intrusion into seclusion as John has forced Brad into seclusion by revealing his criminal activities.
C)has a case for libel as John has disclosed information without Brad's consent to the public.
D)does not have a case for public disclosure of private facts as criminal records are public information.

Question 29

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? A.Rosalie can file an action against HG Mighty for intrusion upon seclusion.
B)Rosalie has no cause for action against HG 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.
D)Rosalie has no cause for action against HG Mighty because she was conducting personal business at work instead of performing the duties of her job.

Question 30

Which of the following is an example of the tort of intrusion into seclusion? A.A manager asking for an employee's unlisted phone number from another employee
B)A manager exposing the fact that his employee has AIDS
C)A manager exposing the fact that his employee has a criminal record
D)A manager asking an employee about whom he or she lives with

Question 31

Who among the following has committed the tort of slander? A.A manager who searchers an employee's office without consent
B)A manager who gives false,defamatory information about a former employee through a conference call
C)A manager who negligently reveals private information about an employee to another employee
D)A manager who monitors an employee's private email

Question 32

Cassandra and Luke are co-workers.Cassandra happens to overhear Luke's telephone conversation and learns that he has leukemia.Cassandra conveys this information to her other co-workers.Which of the following torts has Cassandra committed in this case? A.Breach of contract
B)Publication in a false light
C)Intrusion into seclusion
D)Public disclosure of private facts

Question 33

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: A.private company that has a government contract.
B)state or local government.
C)private company that does not have a privacy waiver.
D)nonprofit private organization.

Question 34

Roger was accused of misappropriation of company funds,a charge which he vehemently denied.The company fired him without having any proof.When he applied for other jobs,he had to explain to the prospective employers the reason he was fired.In this case,Roger can file an action against his former employer for _____. A.publication in a false light
B)compelled self-publication
C)public disclosure of private facts
D)intrusion into seclusion

Question 35

Colleen is employed by Total World Fitness Club as a gym instructor at one of its New York locations.Recently,due to stress in her life,she has been binging on chocolate in the evenings when she gets home and has gained 14 pounds.Her employer has counseled her about the problem and advised her that she must lose the weight in order to perform her job.Colleen fails to lose the weight and is fired.Which of the following statements is most likely to be true in this case? A.Colleen has a claim under the state's lifestyle discrimination statute.
B)Colleen does not have a claim because she is an at-will employee and can be fired for any reason.
C)Colleen has a cause for action based on intrusion of seclusion by her employer.
D)Colleen does not have a cause for action because employers may regulate the off-work activities of employees.

Question 36

A flight attendant was fired after she posted pictures of herself in uniform and wrote undesirable comments about her employer on her blog because her employer deemed the photos and comments posted on her blog to be inappropriate.She is one of several bloggers who has been fired for writing about work,colleagues,and customers on a blog.In this case,the flight attendant is getting _____. A.googled
B)requeled
C)punked
D)dooced

Question 37

The Barton & Nightingale Hospital chain has informed all employees that due to the health risks of smoking and the high cost of health insurance premiums,it will prohibit off-duty use of tobacco by employees beginning 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 some states that 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)be in violation of the equal protection clause of the U.S.Constitution as banning smoking discriminates against smokers as a particular group.

Question 38

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? A.Samantha has a cause for action for public disclosure of private facts.
B)Samantha has a cause for action for publication in a false light.
C)Samantha has no cause for action because she posed for the photographs willingly.
D)Samantha has no cause for action because she has no reasonable expectation of privacy at work.

Question 39

Which of the following is an example of a violation of the Privacy Act? A.An employment policy that denies employees access to their own personnel files
B)An employment policy that allows an employee to correct or amend an inaccurate record
C)A private sector company that searches the desks of its employees after giving a prior written notice of the intent to search without their consent
D)A private sector company that monitors the emails of its employees after giving a prior written notice of the intent to monitor without their consent

Question 40

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.Connor did not get the job.In this case,Connor has a cause of action for _____. A.publication in a false light
B)defamation
C)public disclosure of private facts
D)intrusion into seclusion

Question 41

Provide a justification for electronic surveillance conducted by employers.

Question 42

Which of the following statements is true of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act? A.It 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)It makes it illegal for the government to intercept oral communications relating to terrorism as this would infringe upon the Privacy Act of 1974.
C)It allows employers to collect and sell employee data to third parties as long as it is for the purpose of market research.
D)It grants access to sensitive data with only a judicial warrant rather than a court order.

Question 43

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: 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 given by Charles prior to his job offer.
D)will be able to successfully assert the waiver as a defense because it was given in exchange for valuable consideration.

Question 44

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? A.Employees should not have access to the information gathered through monitoring.
B)Continuous monitoring is allowed only when it results in the attainment of some business interest.
C)Monitoring should be limited to the workplace.
D)Secret monitoring is allowed only when an employee is under suspicion of not working.

Question 45

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.

Question 46

The U.S.Bureau of Artifacts,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 Sean,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 searched Sean's locker and found the stolen medals.Can Sean have the search invalidated on the grounds that it was unjustified? Explain your answer.

Question 47

An employer's social media policy should: A.include a reminder for employees to respect copyright law.
B)exclude any type of a warning.
C)exclude any rules regarding sharing opinions through social media.
D)include a waiver that relinquishes employees' right to privacy.

Question 48

Pursuant to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act,when the government requests confidential information from employers about their employees,the employer can choose not to cooperate:

A)in order to avoid committing the tort of publication in a false light.
B)in order to avoid committing the tort of public disclosure of private facts.
C)and ask instead for permission to seek employee authorization to release the requested information.
D)and advise the employees that it is not mandatory under law to provide confidential information.

Question 49

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

Question 50

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