Deck 7: Ethical Decision Making: Technology and Privacy in the Workplace

Question 1

Identify a true statement about hypernorms.

A)They are values that are determined within free moral space.
B)They are values that are fundamental across culture and theory.
C)They determine who maintains control over tangibles and intangibles.
D)They are limited to an individual's property rights.

Answer 1

B
Explanation: Ethicists Thomas Donaldson and Thomas Dunfee have developed an approach to ethical analysis that seeks to differentiate between those values that are fundamental across culture and theory hypernorms and those values that are determined within moral free space and that are not hypernorms.

Question 2

The concept of property rights excludes personal information.

Answer 2

False
Explanation: The concept of property rights involves a determination of who maintains control over tangibles and intangibles,including,therefore,personal information.

Question 3

Identify a true statement about privacy.

A)The right to privacy is not restricted by any social contract.
B)Privacy is not related to liberty and autonomy.
C)Privacy can be legally protected by the constitution.
D)The right to privacy is provided only for certain sections of society.

Answer 3

C
Explanation: Privacy can be legally protected in three ways: by the constitution (federal or state),by federal and/or state statutes,and by the common law.

Question 4

According to ethicists Thomas Donaldson and Thomas Dunfee,the right to _____ is an example of a hypernorm.

A)armed protest
B)public information
C)intelligence gathering
D)physical movement

Question 5

Monitoring allows a manager to ensure effective,productive performance by preventing the loss of productivity to inappropriate technology use.

Question 6

According to Donaldson and Dunfee,the right to personal freedom is an example of a hypernorm.

Question 7

Privacy is important because it serves to define one's individuality.

Question 8

Employers in all parts of the United States are prohibited from making employment decisions on the basis of weight,even if they are not in violation of the Americans with Disabilities Act (ADA).

Question 9

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

Question 10

The European Union's Directive on Personal Data Protection does not in any way prohibit EU firms from transferring personal information to a non-EU country.

Question 11

A study completed in 2014 by PricewaterhouseCoopers predicted that data monitoring of employees will decrease over the next decade as Generation Y is absorbed into the workforce.

Question 12

According to the "Hawthorne Effect," merely knowing one is being studied might make one a better worker.

Question 13

The "invasion of privacy" claim developed through case law called intrusion into seclusion.

Question 14

The value of privacy to civilized society is as great as the value of hypernorms to civilized existence.

Question 15

A social contract restricts the right to privacy by preventing people from infringing on someone else's right to his or her personal autonomy.

Question 16

Two general and connected understandings of privacy have been identified: privacy as a right to be "left alone" within a personal zone of solitude,and privacy as the:

A)right to understand one's emotions.
B)right to understand others' emotions.
C)right to control information about others.
D)right to control information about oneself.

Question 17

Discrimination laws do not necessarily protect workers against adverse action based on the identity of the person they married.

Question 18

Which of the following is at the core of many of the examples of hypernorms?

A)Moral free space
B)Public information
C)Individual privacy
D)Transparency

Question 19

Values that are fundamental across culture and theory are not hypernorms.

Question 20

The Constitution's Fourth Amendment protection against an unreasonable search and seizure governs only the private-sector workplace.

Question 21

Which of the following statements is true of monitoring?

A)Monitoring enables employers to legally access confidential medical information about their employees.
B)Monitoring tends to create a friendly workplace without any suspicions.
C)Monitoring allows workers to control their environment.
D)Monitoring ensures effective performance by preventing the loss of productivity to inappropriate technology use.

Question 22

In the context of the Electronic Communications Privacy Act (ECPA)of 1986,interception applies only:

A)to employees who work part time.
B)when monitoring is done without consent.
C)when employees resign from a company.
D)to messages in transit.

Question 23

The utilitarian view holds that individual rights to privacy or right to control information about oneself may be outweighed in cases where:

A)public safety is at risk.
B)an employee has prior notice on possible privacy invasion.
C)an employee has access to his or her employer's money.
D)employee productivity is low.

Question 24

Identify a true statement about the Genetic Information Non-Discrimination Act (GINA)of 2009.

A)It allows employers to collect genetic information from employees in order to monitor the biological effects of toxic substances in the workplace.
B)It excludes family medical history from one's genetic information.
C)It prevents employers from collecting genetic information in order to comply with the Family Medical Leave Act.
D)It prevents employers from releasing genetic information about an employee to a public health agency.

Question 25

Which of the following statements is true regarding the laws on employer monitoring?

A)Increasingly,states in the United States are enacting laws to limit employer monitoring powers.
B)All states in the United States require employers to notify workers when they are being monitored.
C)The U.S.Supreme Court has prohibited employers from monitoring their employees.
D)The U.S.Supreme Court has prohibited employers from reviewing employees' Internet use.

Question 26

Which of the following acts stipulates that employers cannot use "protected health information" in making employment decisions without prior consent?

A)The Personal Information Protection and Electronic Documents Act
B)The Federal Information Security Management Act
C)The Personal Information and Health Documents Act
D)The Health Insurance Portability and Accountability Act

Question 27

Which of the following prohibits the "interception" or unauthorized access of stored communications?

A)The Electronic Communications Privacy Act of 1986
B)The Computer Security Act of 1987
C)The Privacy Act of 1974
D)The Computer Fraud and Abuse Act of 1986

Question 28

Identify a true statement about the Genetic Information Non-Discrimination Act (GINA)of 2008.

A)It mandates all employees to disclose their genetic information to their employers.
B)It does not include the family medical history of a person.
C)It prevents employers from monitoring their employees.
D)It prohibits discriminatory treatment in employment based on genetic information.

Question 29

The desire to place workers in appropriate positions,to ensure compliance with affirmative action requirements,or to administer workplace benefits is sufficient reason for employers to undertake employee _____.

A)training
B)orientation
C)monitoring
D)drug testing

Question 30

Which of the following statements about the Electronic Communications Privacy Act of 1986 is true?

A)Courts have ruled that the "interception" of stored communications applies only to messages that have actually reached company computers.
B)A firm that secures employee consent to monitoring at the time of hire is immune from ECPA liability.
C)The impact of the ECPA is to punish electronic monitoring only by employers.
D)The ECPA does not allow interception even when consent has been granteD.

Question 31

_____ refers to the body of law comprised of the decisions handed down by courts,rather than specified in any particular statutes or regulations.

A)Statutory law
B)Common law
C)Civil law
D)Constitutional law

Question 32

One of the attributes of technology and its usage is that it:

A)prohibits access to any information that was once easily accessible.
B)ensures that the lines between people's personal lives and professional lives are not blurred.
C)keeps employees within the boundaries of their workplace even in the outside world.
D)reduces the privacy concerns of individuals.

Question 33

The U.S.Department of Commerce negotiated a Safe Harbor exception with the European Union:

A)because the United States would not qualify as having adequate data protection.
B)so that the European Union could get access to personal information.
C)so that each European country could maintain its own standard of information gathering and protection while trading with the United States.
D)because the law required that all imports from the European Union meet the Safe Harbor standards.

Question 34

According to economist Antonio Argandona,which of the following elements would include issues relating to company secrets,espionage,and intelligence gathering?

A)Truthfulness and accuracy
B)Respect for property and safety rights
C)Respect for privacy
D)Accountability

Question 35

Which of the following statements is true of drug testing?

A)Drug testing allows employees to control their environment.
B)Drug testing tends to provide a productivity benefit for companies.
C)There are no laws prohibiting employers from inquiring about an employee's use of prescription drugs.
D)There are no legal issues relating to monitoring employees through drug testing.

Question 36

When we do not get to know someone because we do not have to see that person in order to do our business,we often do not take into account the impact of our decisions on him or her.This is a challenge posed by the:

A)facelessness that results from the use of new technology accessible in the workplace.
B)knowledge gap that exists between people who understand the technology and others who do not understand it.
C)lack of clear boundaries between people's personal and professional lives.
D)assumption by users of technology that the Internet is safe.

Question 37

Identify a legal violation that occurs when someone intentionally interferes in the private affairs of another when the interference would be "highly offensive to a reasonable person."

A)Battery
B)Conflict of interest
C)Intrusion into seclusion
D)Defamation

Question 38

Which of the following is true about the European Union's Directive on Personal Data Protection?

A)It prohibits EU firms from transferring personal information to a non-EU country unless that country maintains "adequate protections" of its own.
B)It is also known as the European Union Safe Harbor Act.
C)It encourages member countries to maintain myriad standards for information gathering and protection.
D)It states that United States is the only non-member country that maintains "adequate protection" of personal data.

Question 39

If the basis for finding an invasion of privacy is often an employee's legitimate and reasonable expectation of privacy,then a situation where there is no real expectation of privacy occurs when the:

A)employee has actual notice.
B)work involves handling huge amounts of money.
C)work requires complete transparency from the employee.
D)employee belongs to a minority group.

Question 40

The Constitution's Fourth Amendment protection against an unreasonable search and seizure governs only the public sector workplace because:

A)unions exist only in public sector organizations.
B)the private sector does not cater to appeals of unreasonable search or seizure.
C)the Constitution applies only to state action.
D)only public sector organizations deal with classified information.

Question 41

According to philosopher Patricia Werhane,for an individual to expect respect for her or his personal autonomy,that individual has a _____ to respect the autonomy of others.

Question 42

Some companies have a(n)_____ policy under which an employer refuses to hire or terminates a worker on the basis of the spouse's working at the same firm.

A)antinepotism
B)conflict-of-interest
C)anti-fraternization
D)antitrust

Question 43

Which of the following acts grants access to sensitive data with only a court order rather than a judicial warrant and imposes or enhances civil and criminal penalties for knowingly or intentionally aiding terrorists?

A)The Federal Information Security Management Act
B)The USA Freedom Act
C)The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT)Act
D)The Personal Information Protection and Electronic Documents Act

Question 44

Which of the following statements about the regulation of off-work acts in the United States is true?

A)Many states ban discrimination on the basis of weight.
B)Laws that protect employees against discrimination based on marital status exist in just under half of the states.
C)Only a small minority of states protect employees against discrimination on the basis of political involvement.
D)Lifestyle discrimination tends to be lawful if the imposition of the rule treats one protected group differently than another.

Question 45

The advent of new technology challenges _____ in ways that people could never before imagine.

Question 46

Employees will be on their best behavior during phone calls if they know that those calls are being monitored.This can be attributed to the:

A)placebo effect.
B)observer-expectancy effect.
C)Hawthorne effect.
D)halo effect.

Question 47

With regard to medical information specifically,employers' decisions are not only governed by the Americans with Disabilities Act but also restricted by the _____ Act.

Question 48

If an employee's weight is evidence of or results from a disability,the employer must explore whether the worker is otherwise qualified for the position.Under the Americans with Disabilities Act (ADA),the individual is considered "otherwise qualified" if she or he:

A)has prior work experience relevant to the position,even if she or he is not able to perform the functions of the position due to the disability.
B)can perform normal daily activities like taking a bath and eating.
C)can perform the functions of the position with or without reasonable accommodations.
D)has a good academic record and good conduct.

Question 49

Identify a true statement about the "Hawthorne Effect."

A)It maintains that workers' productivity improves when they are singled out.
B)It holds that workers show poor performance when they know that they are being monitored.
C)It holds that managers should not monitor their employees in any situations.
D)It occurs only when the mechanisms used to monitor employees are unethical.

Question 50

The rise of social media and social networking use in recent years has given rise to the evolution of _____.

Question 51

The "invasion of privacy" claim developed through case law called "_____".

Question 52

Which of the following is true about the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT)Act?

A)The act does not grant access to sensitive data with only a court order.
B)The act expands states' rights with regard to Internet surveillance technology.
C)The act excludes provisions designed to combat money laundering activity.
D)The act does not enhance civil and criminal penalties for intentionally aiding terrorists.

Question 53

An employer can resolve the concerns related to the "Hawthorne Effect" through:

A)notified,random monitoring.
B)consented,selective monitoring.
C)selective,notified monitoring.
D)random,anonymous monitoring.

Question 54

Identify an act that expanded states' rights with regard to Internet surveillance technology,including workplace surveillance,and amended the Electronic Communications Privacy Act.

A)The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT)Act
B)The USA Freedom Act
C)The Federal Information Security Management Act
D)The Personal Information Protection and Electronic Documents Act

Question 55

Which of the following statements is true about monitoring?

A)It improves workers' right to control their work environment.
B)It has the potential to cause physical disorders such as carpal tunnel syndrome.
C)It improves the level of worker autonomy and respect.
D)It can lead to mental pressures,but health problems have not been reporteD.

Question 56

Identify a policy under which an employer refuses to hire or terminates a worker whose spouse works at a competing firm.

A)Anti-nepotism policy
B)Antitrust policy
C)Affirmative action policy
D)Conflict-of-interest policy

Question 57

The impact of ECPA is to punish electronic monitoring only by _____ and not by employers.

Question 58

Title II of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT)Act provides roving surveillance authority under the:

A)Federal Information Security Management Act to track website access of individuals.
B)Foreign Intelligence Surveillance Act to track individuals.
C)Electronic Communications Surveillance Act to track business transactions.
D)International Surveillance of Terrorists Act to track individuals in countries with diplomatic relations.

Question 59

Which of the following is a disadvantage of monitoring?

A)Monitoring tends to constrain effective performance since it can cause increased stress and pressure.
B)Monitoring prevents employers from managing their workplaces to place workers in appropriate positions.
C)Monitoring does not allow managers to ensure compliance with affirmative action requirements.
D)Monitoring cannot be utilized to prevent the loss of productivity due to inappropriate technology use.

Question 60

Most statutes or common law decisions provide for employer defenses for all of the following EXCEPT those rules that:

A)are reasonable and rationally related to the employment activities of a particular employee.
B)treat one group differently from another considering lifestyle practices.
C)are necessary to avoid a conflict of interest or the appearance of conflict of interest.
D)constitute a "bona fide occupational requirement."

Question 61

Summarize how the definition of privacy gives rise to two streams of thought about rights?

Question 62

Explain the implications of giving "notice" about monitoring.

Question 63

Briefly discuss the USA PATRIOT Act with regard to September 11,2001.
The events of September 11,2001,have a major impact on privacy within the United States and on the employment environment in particular.The federal government has implemented widespread modifications to its patchwork structure of privacy protections since the terror attacks of September 11,2001.In particular,proposals for the expansion of surveillance and information gathering authority were submitted and,to the chagrin of some civil rights attorneys and advocates,many were enacted.
The most public and publicized of these modifications was the adoption and implementation of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT)Act of 2001.The USA PATRIOT Act expanded states' rights with regard to Internet surveillance technology,including workplace surveillance,and amended the Electronic Communications Privacy Act.The act also grants access to sensitive data with only a court order rather than a judicial warrant and imposes or enhances civil and criminal penalties for knowingly or intentionally aiding terrorists.In addition,the new disclosure regime increased the sharing of personal information between government agencies in order to ensure the greatest level of protection.

Question 64

Describe "reciprocal obligation" as an ethical source of the right to privacy.

Question 65

Explain the concept of hypernorms,and moral free space.

Question 66

Summarize what economist Antonio Argandona says about information and data in the age of technology,and the moral requirements associated with that information.

Question 67

The _____ Act expanded states' rights with regard to Internet surveillance technology,including workplace surveillance,and amended the Electronic Communications Privacy Act.

Question 68

Philosopher William Parent conceives the right to privacy as the right to _____.

Question 69

Describe HIPAA.Discuss the use of genetic information as a form of monitoring.

Question 70

Discuss the nuances associated with drug testing,and outline the arguments for and against it.

Question 71

Briefly discuss the circumstances which violate an employee's privacy rights?

Question 72

How do privacy issues at the workplace raise ethical issues involving individual rights as well as those involving utilitarian consequences?

Question 73

Why do firms monitor technology usage?

Question 74

New York's _____ statute prohibits employment decisions or actions based on four categories of off-duty activity.

Question 75

Briefly outline the challenges of technology discussed in the text.

Question 76

Discuss the facts pertaining to laws against discrimination based on marital status.

Question 77

Explain the ethical source of privacy using the perspective of property rights.

Question 78

Most statutes or common law decisions provide for employer defenses for those rules that are necessary to avoid a _____.

Question 79

Outline the business reasons to limiting monitoring.

Question 80

Explain how privacy can be legally protected.Summarize the Electronic Communications Privacy Act of 1986 (ECPA).Discuss the "intrusion into seclusion" concept.