Deck 3: Privacy and Technology

Question 1

Discuss Lewis Maltby's proposition that employers should not do drug testing (or other testing related to off-work conduct) but should instead focus on impairment testing when an employee is entering the workplace.

Answer 1

Maltby points out that impairment can be caused by many other things than drug use including being sleep-deprived, ill or under stress (i.e. in the middle of a divorce). Whatever the reason, the test will determine if you shouldn't undertake certain activities (such as flying a plane).

Question 2

The Electronic Communications Privacy Act of 1986 (ECPA):

A) supplements the Omnibus Federal Employee Workplace Privacy Rights Law of 2008.
B) has been an effective law because employee privacy intrusions are less common and steadily declining since 2000.
C) restricts employer access to public chat room interactions.
D) fails to protect employees in most situations involving e-mail monitoring by public and private employers.

Answer 2

D

Question 3

It is illegal to increase a specific employee's health insurance premiums based on the employee's lifestyle.

Answer 3

False

Question 4

It is perfectly legal for employers to secretly and intrusively spy on their employees.

Question 5

According to the article, Can They Do That? By Lew Maltby:

A) A job candidate who has been arrested will probably not be disqualified unless the candidate was found guilty.
B) Psychological tests are a good way to determine a job candidate's honesty.
C) Employees who are being treated unfairly can protect themselves by joining a union.
D) Credit score can keep you from getting a job, even if it doesn't involve handling money.

Question 6

A majority of states have enacted off-the-job privacy protection laws. What is the LEAST effective argument by an employer to regulate off-the-clock activities in a state that has not enacted such lifestyle rights legislation?

A) It will provide a healthy work force.
B) Unregulated employees are less productive.
C) There is no invasion of privacy since the employee is "at will."
D) It will prevent higher health care and insurance costs.

Question 7

Discuss the privacy expectations of millennial employees.

Question 8

Since a corporation is a "person" in the eyes of the law, a corporation's constitutional right to privacy is identical to a natural person's rights.

Question 9

Briefly describe what Alan Westin believes are the "functions of privacy."

Question 10

When it comes to employment and social media:
I) Every U.S. law dealing with employee privacy grants significant deference to an employer's legitimate business interest.
II) U.S employers may legally canvass social media sites for information on employees and potential employees and act upon the information found.
III) When an employer finds and uses social media information to reprimand or fire an employee, the employer is obligated to disclose the method of gaining that information to the employee.
IV) Statutes that specially govern the intersection of social media and workplace privacy were enacted in 2013.

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

Question 11

According to the article excerpted in the text entitled, The Functions of Privacy, by Alan Westin, privacy has several functions in today's society. These include:

A) Total freedom in the private life with no consequences to the work life.
B) The ability to vent anger at authority without being held responsible.
C) The ability to post critical information on the Internet without consequences at work.
D) The ability to spend time quietly analyzing the actions and reactions of other people.

Question 12

Under the Genetic Information Nondiscrimination Act of 2008 (GINA) it is unlawful for an employer to request, require or purchase genetic information related to employees of their families. List at least three exceptions to this rule.

Question 13

Which of the following is NOT one of the three privacy rights created by the Supreme Court through its interpretation of various constitutional amendments?

A) The government cannot interfere with the choices adults make about their private family and sexual life.
B) An individual's medical history cannot be publicized by the government.
C) Individuals are protected against unwarranted invasion of privacy by private corporations.
D) Corporations are protected against unreasonable government searches or seizures.

Question 14

Discuss the employee claims that counter businesses' justification of electronic surveillance.

Question 15

In considering the legality of employer interception of employee e-mails at work, pick the correct statement.
I) Employees have complete expectation of privacy since they can select their password for in-house and remote access of e-mails.
II) A subpoena is required by the employer to read any e-mail that is clearly marked "confidential" by the employee.
III) No expectation of privacy exists over an employer-owned computer system at work.
IV) Statement by the employer that e-mails are confidential and privileged cannot be later used by an employer to defeat an employee's claim of privacy

A) I only
B) II only
C) III only
D) I and IV

Question 16

Name the two main factors that most courts use in determining whether or not electronic monitoring of employees is an invasion of privacy.

Question 17

The 2004 Heath Information and Portability and Accountability Act (HIPPA):

A) requires consent for medical information to be accessed and shared.
B) prohibits discriminatory use of pre-employment medical tests.
C) prohibits employers from requesting genetic information as part of a post-offer medical exam.
D) All of these statements are true.

Question 18

The term "privacy" does not appear anywhere in the Constitution of the United States. Discuss (meaning share your opinion and support it with anecdotes or evidence) whether or not the Supreme Court was correct in "finding" privacy in the Constitution.

Question 19

Privacy rights are triggered under the Fourth Amendment:

A) when a corporation has authorized an agent with direct authority to perform an electronic search of an employee's e-mail account.
B) upon issuance of a subpoena duces tecum to bring electronic data (e-mails, files, etc.) including electronic metadata such as headers, directional information, and other such useful tracking data.
C) when the government is conducting a search.
D) during an archival search of e-mails on a corporation's server.

Question 20

Which of the following are ways businesses justify electronic surveillance of employees?
I) It measures and encourages efficiency.
II) It uncovers employee disloyalty.
III) It enhances the fairness of personnel evaluations.
IV) It prevents employees from sending personal emails on company time

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