Privacy And Recent Developments In Ch13 Complete Test Bank

Test Bank

Chapter 13

Privacy and Recent Developments in Employment Regulation

True/False

1. Privacy expectations of employees in both the public and private sectors have increased with the expansion of employee rights in the workplace.

2. In the public sector, there are far fewer prohibitions on public disclosure of personnel records.

3. If information is only disclosed orally, and not in writing, it could still be potentially libelous.

4. Employees’ right to privacy in the private sector workplace is governed by state tort law.

5. Many people are mistaken in believing that the terms “polygraph” and “lie detector” are interchangeable.

6. All employers are covered under the EPPA.

7. Privacy torts focus on injury to the employee’s reputation, while defamation is tied to the resulting emotional injury.

8. The truth is proof against defamation.

9. In order to be actionable, a defamatory statement must be published, which can include making statements about the employee in question in public.

10. Unlike absolute privilege, qualified privilege may be lost or exceeded.

11. Technology permits managers to monitor employees’ telephone conversations, but not text messaging and voicemail.

12. Some jurisdictions allow employers to terminate employees for smoking off the company premises.

13. Employees should have a reasonable expectation of privacy in e-mail communications made on an employer’s equipment.

14. Employers have even applied video surveillance to off the job.

15. It is unlawful for an employer to require its employees to report their weight, body fat, and glucose levels, even if the company pays for the doctor’s visit to get the requested health information..

16. Employers can require random drug testing, provided that all employees are subject to the random testing.

17. The simplest means to eliminate privacy issues arising from drug testing is to get employees to consent to drug testing and waive related statutory rights.

18. Employers may base an employment decision on genetic information.

19. Employers must have an employee’s written permission to collect his or her genetic information.

20. Though federal law prohibits the disclosure of an employee’s medical information, it affords little protection relating to other types of personal information.

Multiple Choice

1. Which is not a category of employee privacy protection discussed in the text?

A. Public disclosure of employee information

B. Constitutional rights to privacy

C. Invasion of privacy

D. Defamation

2. Many individuals do not understand that their constitutional protections are:

A. all encompassing and employers cannot invade privacy at work.

B. only valid if the employee reports a violation within a week of the occurrence.

C. limited only to intrusion into their privacy by governments.

D. limited to being at home and that they are null in a work setting.

3. Which of the following enacted laws specifically protects individual privacy rights in the private sector?

A. California

B. Michigan

C. both states have enacted this type of law

D. neither state has enacted this type of law

4. Employees in the public sector enjoy far greater privacy protection than their private sector counterparts because their employers are:

A. small corporations that cannot afford surveillance

B. large corporations that can afford better benefits

C. nongovernmental entities

D. governmental entities

5. What is the legal term for oral comments that challenge an employee’s reputation in the community?

A. libel

B. slander

C. negligent

D. absolute privilege

6. Most employment records, which may include personal records, are kept on file for:

A. a period of days

B. a period of weeks

C. a period of months

D. a period of years

7. The legal term for a wrong or injury that is actionable in court.

A. tort

B. clause

C. act

D statute

.

8. Which of the following is an example of a tort that covers an individual’s right to privacy?

A. Misappropriation of another’s name or likeness

B. The Privacy Act of 1974

C. Michigan Preservation of Personal Privacy Act

D. B & C

9. Employers should take particular precautions regarding the disclosure of employee medical information because of penalties contained in which two federal statutes?

A. ADA and EPPA

B. HIPAA and ADA

C. COBRA and EPPA

D. ADA and ERISA

10. The __________ makes it unlawful for most private sector employers to require applicants to submit to a lie detector test as a condition for employment.

A. ADA

B. HIPAA

C. EPPA

D. GINA

11. Which of the following employers would not be exempted under the Employee Polygraph Protection Act?

A. local government

B. pharmaceutical company

C. banking institution

D. university

12. __________ is an injury to an employee’s reputation by an employer by disclosing highly personal information.

A. Defamation

B. Negligence

C. Privacy

D. None of the above

1. When confronted with a defamation charge, the employer would have __________ general defenses on which to rely.

A. two

B. three

C. four

D. five

1. Which of the following is not a defense against defamation?

A. qualified privilege

B. absolute privilege

C. statistical validation

D. the truth

1. Qualified privilege is also called:

A. absolute privilege

B. conditional privilege

C. constitutional privilege

D. constructive privilege

16. In the instance of qualified privilege, immunity is based on the fact that the statement was made in the performance of some:

A. social duty

B. personal duty

C. judicial duty

D. any of the above

17. __________ of privilege can occur when the information in question is accessible through excessive publication of the defamatory information.

A. Reinstatement

B. Retracting

C. Abuse

D. Loss

1. Employers may monitor employees on the job through:

A. video surveillance

B. email

C. text messages

D. all of the above

1. An employee’s written permission giving an employer the right to disclose personal information affords the employer:

A. validation

B. absolute privilege

C. conciliation

D. immunity

20. Employers may use video surveillance in the workplace for:

A. pilferage reduction

B. performance monitoring

C. security

D. all of the above

21. Generally, ______ are legitimate locations for a video surveillance camera?

A. restrooms

B. employee lounges

C. cubicle spaces

D. locker rooms

22. Private sector employers enjoy __________ latitude in conducting searches and surveillance of their workplaces than government employers.

A. far less

B. far greater

C. slightly less

D. equal

23. Employers may require random drug testing of employees provided that __________ are subjected to the random testing.

A. only newly hired employees

B. only employees suspected of formerly using drugs

C. all employees

D. none of the above

24. Which of the following is not a requirement under the Drug-Free Workplace Act?

A. Disseminate the drug-free policy

B. Require drug tests of all employees

C. Establish a drug-free awareness program

D. Make a good faith effort to maintain a drug-free workplace

25. In a state with smoker protection laws or smoker’s rights laws, which of the following employers’ actions is likely to be unlawful?

A. Terminating an employee for smoking on company property

B. Terminating an employee for smoking in his yard.

C. Requiring an employee to attend a smoker cessation clinic or pay higher ehalth insurance premiums.

D. none of the above are unlawful

26. The purpose of __________ is to prohibit the use of genetic information in either health insurance eligibility issues or employment.

A. HIPAA

B. GINA

C. EPPA

D. COBRA

27. Under which circumstance listed below is an employer not authorized to disclose genetic information?

A. an employee’s spouse requests the information

B. the employee requests the information

C. in response to a court order

D. an occupational or other health researcher requests the information

28. In order to collect genetic information, the employer must have the written consent of:

A. the state court

B. the local court

C. the employee

D. a medical professional

29. Which of the following is (are) true about employer dress codes and grooming policies:

A. They are important for maintaining a company’s public image.

B. They may not place an undue burden on one class of employees over the others.

C. There may be exceptions for certain employees.

D. all of the above.

30. What is (are) the most common challenges made by employees against employer dress codes and grooming policies?

A. sex discrimination

B. religious accommodation

C. national origin discrimination

D. A and B

Essay

1. Elaborate on what the aggrieved party must demonstrate in a defamation claim.

2. What are an employer’s obligations under the Drug-Free Workforce Act? List five legitimate reasons to require drug testing at work.

3. Discuss the Genetic Information Nondiscrimination Act. When is an employer allowed to disclose genetic information?

4. The Complaining Party (CP) in this case is a Caucasian male who was a room service waiter for a Casino Hotel in Atlantic City, New Jersey. The CP has had long hair throughout most of his employment with the Hotel, which he has worn in a ponytail that is tucked “neatly” into a bun at the back of his head. Between April of 2011 and April of 2015 the CP received no indication from the Defendants that his hairstyle violated any grooming policies, standards, or guidelines. Then, on April 11, 2015, the CP attended a meeting for room service employees. Each of the employees received a copy of the Hotel’s new grooming policy, which stated, in pertinent part, that “ponytails on men must be clipped and tucked neatly inside a shirt collar.” The CP signed a statement acknowledging that he received and understood the policy.

Approximately ten days later, a female manager, called the CP into her office. She informed CP that the Hotel had changed their grooming policy and presented him with a copy. The new policy, which came into effect on or about April 21, 2015, stated that men were no longer permitted to wear ponytails at all, and that their hair was to be no longer than one inch over the top of the collar. The new policy, which states that non-complying individuals are “subject to disciplinary action, including termination,” contained no comparable restrictions for female employees’ hair.

The CP immediately complained about the unfairness of the policy and what he alleged to be a discriminatory application to the Manager, and pointed to the fact that she was free, as a female, to keep her hair long and unrestricted in any way. The Manager allegedly responded that she wore her hair as she pleased “because [she is] a girl.” Furthermore, the Hotel’s Equal Employment Opportunity representative met with the CP and informed him that different grooming rules applied to different sexes, and men could not wear long hair for the same reason that women could not have shaved heads. However, all employees had to comply with their respective grooming standards.

On April 25, 2015, the CP was told to “cut your hair or be fired.” The CP cut his hair on or about April 27, 2015 in order to retain his job. However, on November 21, 2015, the CP filed a sex discrimination complaint with the Equal Employment Opportunity Commission. He noted that seven white male servers in Hotel’s Food and Beverage Department were given the same ultimatum and were required to cut their hair in order to retain their jobs. One was terminated for his noncompliance. Throughout this time, CP alleges that several male employees were allowed to keep long hair for “religious reasons.” The employer pointed out that these employees were Sikhs who worked in the hotel laundry and did not have contact with hotel customers.

a. Has the complaining party established a prima facie case that a Title VII violation occurred due to the dress code? Why or why not?

No. There is no evidence that similarly situated women were treated differently (women have to follow their own grooming standards). Additionally, he suffered no adverse employment action.

b. Who will prevail? The respondent or the complaining party? Why?

Pages: 375-376