The Employees Right To Privacy And Management Of Personal Information

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The Regulation of the Employment Relationship
The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts
Title Vii of the Civil Rights Act of 1964
Legal Construction of the Employment Environment
Affirmative Action
Race and Color Discrimination
National Origin Discrimination
Gender Discrimination
Sexual Harassment
Sexual Orientation and Gender Identity Discrimination
Religious Discrimination
Age Discrimination
Disability Discrimination
The Employees Right to Privacy and Management of Personal Information
Labor Law
Selected Employment Benefits and Protections

All Questions

Question 1

Free

True/False

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.

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True

False

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Question 2

Free

True/False

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

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True

False

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Question 3

Free

True/False

No comprehensive federal workplace privacy legislation exists.

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True

False

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Question 4

Free

True/False

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.

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True

False

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Question 5

Free

True/False

The Privacy Act of 1974,originally enacted to apply only to government employees,was extended to cover private sector employees in 1977.

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True

False

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Question 6

True/False

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

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True

False

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Question 7

True/False

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.

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True

False

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Question 8

True/False

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.

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True

False

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Question 9

True/False

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.

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True

False

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Question 10

True/False

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

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True

False

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Question 11

True/False

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.

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True

False

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Question 12

Multiple Choice

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.

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Greg does not have the right to ask Leslie about her living arrangements as it violates her Fifth Amendment rights.

Leslie's rights are not violated because it is legal for employers to ask their employees about their living arrangements.

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.

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Question 13

Multiple Choice

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.

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Andrew has a claim for defamation.

Andrew has a claim for false imprisonment.

Andrew has no recourse because the search was justified by a legitimate business reason.

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Question 14

Multiple Choice

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.

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a legal recourse against JennyJo for intrusion into seclusion.

a legal recourse against JennyJo because private employers have a higher duty to protect the privacy of employees than public employers.

no legal recourse against JennyJo because the use of the polygraph was reasonable and related to a justified business purpose.

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Question 15

Multiple Choice

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.

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Employees cannot seek damages and injunctive relief.

Employees can seek both criminal penalties and civil remedies.

Employees are barred from legal remedies unless they can demonstrate interference with the orderly functioning of the government.

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Question 16

Multiple Choice

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.

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Lane has no recourse because Herald had reasonable grounds to suspect that the search would reveal she was engaged in food stamp fraud.

Lane has a legal recourse under the Privacy Act.

Lane has a legal claim for invasion of privacy.

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Question 17

Multiple Choice

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.

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Jackson's rights under the Privacy Act have been violated.

Jackson has a claim for wrongful termination because he didn't make a public disclosure of the information.

Jackson has violated the law as it is illegal to intercept messages related to political views.

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Question 18

Multiple Choice

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

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Electronic Communications Privacy Act

Privacy Act

Fourteenth Amendment

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Question 19

Multiple Choice

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.

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state or local government.

private company that does not have a privacy waiver.

nonprofit private organization.

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Question 20

Multiple Choice

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.

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HGB is not liable for defamation because the statement was true and made in good faith.

Sean has a cause for action for invasion of privacy.

HGB is liable for public disclosure of private facts because it is illegal to make defamatory statements about an ex-employee.

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