Question 1

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

Accepted Answer

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

Question 2

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

Accepted Answer

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. C

Question 3

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

Accepted Answer

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. A

Question 4

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?

Accepted Answer

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 5

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

Accepted Answer

The answer of Briefly describe what Alan Westin believes are...

Question 6

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.

Accepted Answer

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

Question 7

The Electronic Communications Privacy Act of 1986 (ECPA):

Accepted Answer

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.

Question 8

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.

Accepted Answer

The answer of Under the Genetic Information Nondiscrimination Act of...

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

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 11

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.

Accepted Answer

A) True 
 B)False

Question 12

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.

Accepted Answer

The answer of The term "privacy" does not appear anywhere...

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

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

Question 15

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

Accepted Answer

The answer of Discuss the employee claims that counter businesses'...

Question 16

Discuss the privacy expectations of millennial employees.

Accepted Answer

The answer of Discuss the privacy expectations of millennial employees....

Question 17

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.

Accepted Answer

The answer of Discuss Lewis Maltby's proposition that employers should...

Question 18

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:

Accepted Answer

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 19

Privacy rights are triggered under the Fourth Amendment:

Accepted Answer

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

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

Accepted Answer

The answer of Name the two main factors that most...

Exam 3: Privacy and Technology

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

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

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?

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

The Electronic Communications Privacy Act of 1986 (ECPA) :

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.

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

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

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.

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.

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

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

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

Discuss the privacy expectations of millennial employees.

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.

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:

Privacy rights are triggered under the Fourth Amendment:

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