Question 1

The Supreme Court for the first time expressly acknowledged a right of privacy implicit in the Constitution in the case of:

Accepted Answer

A)  ​Quon v.Arch Wireless Operating Co. Inc. 
B)  ​Williams v.City of Tulsa. 
C)  ​Griswold v.Connecticut. 
D)  ​Massey v.Roth. 
A)  ​Quon v.Arch Wireless Operating Co. Inc. 
B)  ​Williams v.City of Tulsa. 
C)  ​Griswold v.Connecticut. 
D)  ​Massey v.Roth. C

Question 2

Describe privacy concerns in the context of third-party information request.

Accepted Answer

Third-party information request arise primarily in the hiring stage.Relevant information is collected regarding the background of the applicant before actually hiring the applicant in the respective company.Information is collected from the former employer of the employee which is typically protected by a qualified privilege.Such communication between employers must be done in the absence of malice.Employers have opted to limit their responses to reference requests disclosing the dates of the former employee/applicant's, his/her salary, and job title because it usually is not safe to disclose and withhold much about the credentials of the employees.This could lead to tort liability in most circumstances by the former employers.

Question 3

What is HIPAA?

Accepted Answer

HIPAA stands for Health Insurance Portability and Accountability Act.It was enacted in the year 1998 which took effect about five years later and mandates among other things- stringent policies and procedures aimed at preventing the unauthorized use or disclosure of health and medical information.

Question 4

Requests for medical information and conducting internal investigations are examples of:

Accepted Answer

A)  placing the plaintiff in a false light in the public eye. 
B)  ​violating the Fifth Amendment. 
C)  ​intellectual property theft. 
D)  ​intrusion upon employees' privacy. 
A)  placing the plaintiff in a false light in the public eye. 
B)  ​violating the Fifth Amendment. 
C)  ​intellectual property theft. 
D)  ​intrusion upon employees' privacy.

Question 5

Pre-employment drug testing is typically considered:

Accepted Answer

A)  ​contractual. 
B)  ​mandatory. 
C)  ​illegal. 
D)  ​a company policy. 
A)  ​contractual. 
B)  ​mandatory. 
C)  ​illegal. 
D)  ​a company policy.

Question 6

Human Resource Departments do not maintain employee files since these are considered confidential.

Accepted Answer

A) True 
 B)False

Question 7

George, an employee of a private sector organization, was put through a genetic test in accordance with the company policies.The company:

Accepted Answer

A)  ​can choose to inform him about the test. 
B)  ​has to receive a written consent from George. 
C)  ​needs to submit a written copy to the court regarding the test. 
D)  ​cannot request for a genetic test under any circumstance. 
A)  ​can choose to inform him about the test. 
B)  ​has to receive a written consent from George. 
C)  ​needs to submit a written copy to the court regarding the test. 
D)  ​cannot request for a genetic test under any circumstance.

Question 8

In legal parlance, EAP stands for:

Accepted Answer

A)  ​Employee Assistance Program. 
B)  ​Employee Assessment Program. 
C)  ​Employee Agreement Program. 
D)  ​Employee Arraignment Program. 
A)  ​Employee Assistance Program. 
B)  ​Employee Assessment Program. 
C)  ​Employee Agreement Program. 
D)  ​Employee Arraignment Program.

Question 9

If a former employer withholds relevant information about an employee from his or her new employer, this may actually expose the former employer to:

Accepted Answer

A)  ​criminal liability. 
B)  ​tort liability. 
C)  ​civil liability. 
D)  ​absolute liability. 
A)  ​criminal liability. 
B)  ​tort liability. 
C)  ​civil liability. 
D)  ​absolute liability.

Question 10

Discuss why genetic testing is one of the most pressing ethical dilemma employers are facing today.

Accepted Answer

Genetic testing is without doubt one of

Question 11

What is the unifying element of the four separate privacy torts?​

Accepted Answer

A)  ​The right to be left alone 
B)  ​The right to do personal activities while at work 
C)  ​The right to talk about co-workers and bosses in a negative manner without repercussion 
D)  ​The right to be hired/promoted without regard to gender, race, national origin, or sex 
A)  ​The right to be left alone 
B)  ​The right to do personal activities while at work 
C)  ​The right to talk about co-workers and bosses in a negative manner without repercussion 
D)  ​The right to be hired/promoted without regard to gender, race, national origin, or sex

Question 12

What is a background screening policy?

Accepted Answer

The Human Resource Department

Question 13

The most common way employers invade their employees' privacy is to:

Accepted Answer

A)  ​intrude on their seclusion, solitude or private affairs. 
B)  ​probe into their personal lives and medical history. 
C)  ​monitor their relationships with individuals at the workplace. 
D)  ​request for irrelevant information and past records. 
A)  ​intrude on their seclusion, solitude or private affairs. 
B)  ​probe into their personal lives and medical history. 
C)  ​monitor their relationships with individuals at the workplace. 
D)  ​request for irrelevant information and past records.

Question 14

What does surveillance and eavesdropping mean?

Accepted Answer

Surveillance means monitoring

Question 15

Malice implies animosity towards somebody in the generic sense.

Accepted Answer

A) True 
 B)False

Question 16

Public employers, unquestionably, are state actors for the purposes of the ______ and ______ Amendments' restrictions.

Accepted Answer

A)  ​Fifth; Fourth 
B)  ​Fourth; Fourteenth 
C)  ​Fourteenth; Fifth 
D)  ​Fifth; Ninth 
A)  ​Fifth; Fourth 
B)  ​Fourth; Fourteenth 
C)  ​Fourteenth; Fifth 
D)  ​Fifth; Ninth

Question 17

Neither private nor public sector employers have rights to monitor the use of employer-owned computers.

Accepted Answer

A) True 
 B)False

Question 18

One of the express purposes of HIPAA's privacy provisions is to:

Accepted Answer

A)  ​prevent employers from using PHI for personnel decisions. 
B)  ​prevent employers from creating a "firewall" between employees who administer health insurance plans and all other employees. 
C)  ​protect employees and applicants who may suffer from physical and mental disabilities. 
D)  ​remove many thousands of private employers from HIPAA and its implementing regulations. 
A)  ​prevent employers from using PHI for personnel decisions. 
B)  ​prevent employers from creating a "firewall" between employees who administer health insurance plans and all other employees. 
C)  ​protect employees and applicants who may suffer from physical and mental disabilities. 
D)  ​remove many thousands of private employers from HIPAA and its implementing regulations.

Question 19

Both private and public sector employers can monitor employees' use of employer-owned computers:

Accepted Answer

A)  ​with an appropriate notice. 
B)  ​through a written warrant. 
C)  ​with the permission of state authorities. 
D)  ​with or without prior notice. 
A)  ​with an appropriate notice. 
B)  ​through a written warrant. 
C)  ​with the permission of state authorities. 
D)  ​with or without prior notice.

Question 20

Protected Health Information (PHI) policy aims at preventing the unauthorized use or disclosure of health and medical information.

Accepted Answer

A) True 
 B)False

Exam 4: Employee Privacy Rights in the 21st Century

The Supreme Court for the first time expressly acknowledged a right of privacy implicit in the Constitution in the case of:

Describe privacy concerns in the context of third-party information request.

What is HIPAA?

Requests for medical information and conducting internal investigations are examples of:

Pre-employment drug testing is typically considered:

Human Resource Departments do not maintain employee files since these are considered confidential.

George, an employee of a private sector organization, was put through a genetic test in accordance with the company policies.The company:

In legal parlance, EAP stands for:

If a former employer withholds relevant information about an employee from his or her new employer, this may actually expose the former employer to:

Discuss why genetic testing is one of the most pressing ethical dilemma employers are facing today.

What is the unifying element of the four separate privacy torts?​

What is a background screening policy?

The most common way employers invade their employees' privacy is to:

What does surveillance and eavesdropping mean?

Malice implies animosity towards somebody in the generic sense.

Public employers, unquestionably, are state actors for the purposes of the ______ and ______ Amendments' restrictions.

Neither private nor public sector employers have rights to monitor the use of employer-owned computers.

One of the express purposes of HIPAA's privacy provisions is to:

Both private and public sector employers can monitor employees' use of employer-owned computers:

Protected Health Information (PHI) policy aims at preventing the unauthorized use or disclosure of health and medical information.

First the Forest, Then the Trees:an Overview of Employment and Labor Law

Employment Contracts and Wrongful Discharge

Commonly Committed Workplace Torts

The Global Perspective:international Employment Law and American Immigration Policy

Title VII of the Civil Rights Act and Race Discrimination

Gender and Family Issues:title VII and Other Legislation

Discrimination Based on Religion and National Origin and Procedures Under Title VII

Discrimination Based on Age

Discrimination Based on Disability

Other EEO and Employment Legislation:federal and State Laws

The Rise of Organized Labor and Its Regulatory Framework

The Unionization Process

Unfair Labor Practices by Employers and Unions

Collective Bargaining

Picketing and Strikes

The Enforcement and Administration of the Collective Agreement

The Rights of Union Members

Public Sector Labor Relations

Occupational Safety and Health

The Employees Safety Nets:unemployment and Workers Compensation, Social Security, and Retirement Plans

The Fair Labor Standards Act

Filters

What is the unifying element of the four separate privacy torts?

Public employers, unquestionably, are state actors for the purposes of the and Amendments' restrictions.