BA 3500 - Ch 7 SB

______ _____ refers to the maintenance and either periodic or random review of e-mail communications of employees or others for a variety of business purposes.

email monitoring

Workers are found to be more productive based on the psychological stimulus of being singled out or when they are informed that they are being monitored. This effect of employer monitoring is termed the "______ ______"

hawthorne effect

_______ are values that are fundamental across culture and theory.

hypernorms

The Health Insurance Portability and Accountability Act (HIPAA) stipulates that employers cannot use "______ ______ ______," which refers to all medical records or other individually identifiable health information, in making employment decisions without prior consent.

protected health information

In the context of workplace monitoring, a suggestion for balancing employer and employee interests is to _____.

provide due notice to employees that they will be monitored

Philosopher and academic Patricia Werhane has stated that a bill of rights for the workplace would include both the right of employees to privacy and confidentiality and the right of employers to privacy regarding confidentiality of trade secrets and so on. This highlights the concept of _____.

reciprocal obligation

While an employee has an obligation to respect the goals and property of the employer, the employer also has an obligation to respect the rights of the employee, including the employee's right to privacy. This concept is called a(n)

reciprocal obligation

In telephone calls monitoring, notice to the parties on the call is often required by ______ law, though _____ law allows employers to monitor work calls without notice.

state; federal

According to the National Council on Alcoholism and Drug Dependence, which of the following are warning signs of drug use?

Deterioration in personal hygiene or personal appearance Regular financial troubles Avoidance of colleagues and friends

The _____ of 1986 bans the "interception" or unauthorized access of stored communications.

Electronic Communications Privacy Act (ECPA)

True or false: Based on philosopher George Brenkert's argument on the informational sense of privacy, it can be concluded that an important way to preserve one's personal integrity and individuality is to merge personal and professional relationships.

False

True or false: Drug testing is the latest way of employers monitoring employees in the workplace.

False

True or false: New technology necessarily impacts people's value judgments regarding privacy.

False

The ______ ______ ______ ______ Act (GINA) came into effect in November 2009 and prohibits discriminatory treatment in employment on the basis of genetic information.

Genetic Information Nondiscrimination

In the context of companies' attempts to encourage nonsmoking among employees, which of the following is true of the Health Insurance Portability and Accountability Act (HIPAA)?

HIPAA requires firms to offer alternatives for their employees who are smokers to avoid a surcharge for a health insurance policy.

Employers' decisions regarding medical information are restricted in the United States by the _____.

Health Insurance Portability and Accountability Act (HIPAA)

According to philosopher William Parent, which of the following questions should be considered in order to determine whether an employer's actions are justifiable or have the potential for an invasion of privacy with regard to workplace monitoring policies?

How is the acquired personal knowledge going to be protected? Is the purpose of seeking personal knowledge an important and legitimate one? What is the purpose of seeking personal knowledge?

Which of the following is a condition under which decisions or workplace rules used by employers are allowed by most U.S. statutes or common-law decisions?

If those rules are essential to avoid a conflict of interest or the appearance of a conflict of interest

Identify the conditions under which decisions or workplace rules used by employers are allowed by most U.S. statutes or common-law decisions.

If those rules constitute a bona fide occupational requirement If those rules are reasonably and rationally related to an employee's employment activities

Identify the warning signs of drug use offered by the National Council on Alcoholism and Drug Dependence.

Inconsistency in work quality Decreased productivity or erratic work patterns Lack of focus and poor concentration

According to philosopher William Parent, what are the questions that should be considered in order to determine whether an employer's actions are justifiable or have the potential for an invasion of privacy with regard to workplace monitoring policies?

Is personal knowledge that is sought through the invasion of privacy pertinent to its justifying purpose? What procedural restraints or restrictions have been placed on the techniques to collect personal knowledge that invade privacy?

Why is privacy important?

It defines one's individuality by establishing the boundary between individuals.

Identify a true statement about the U.S. Constitution's Fourth Amendment protection against an unreasonable search and seizure.

It is only applicable in the public-sector workplace.

What are the reasons given by employee advocates for limiting monitoring in the workplace?

Monitoring may arguably constrain effective performance as it can lead to increased stress and pressure. Monitoring may create a mistrustful and hostile workplace.

Identify the parameters that a workplace monitoring policy should ideally follow.

Monitoring should be restricted to within the workplace. Monitoring should only result in gaining some business interest. There should be no monitoring in private areas.

Identify the related senses of privacy.

Privacy as a right to remain within a personal zone of solitude Privacy as the right to regulate information about oneself

_____ in the workplace raise ethical issues that involve individual rights as well as those that involve utilitarian outcomes.

Privacy issues

Identify the true statements about the impact of new technology on the issue of privacy.

The advent of new technology has implications on employee and employer expectations regarding privacy interests. Technology allows for in-home offices, and this raises issues of safety and privacy concerns.

According to ethicists Thomas Donaldson and Thomas Dunfee, which of the following are examples of hypernorms?

The right to physical movement Freedom of speech The right to personal freedom

Which of the following are true of the definitions laid out by the Genetic Information Non-Discrimination Act (GINA)?

The term family member includes one's dependents and relatives all the way to the fourth degree of kinship. Under GINA, one's genetic information includes one's family's medical history.

Which of the following is true of values that are determined within moral free space?

They are not hypernorms.

Identify the true statements about the parameters are ideally considered while developing a workplace monitoring policy.

They permit employers to effectively and ethically oversee the work employees do. They permit employers to protect against abuse of resources.

Privacy issues in the workplace evoke an inherent conflict between employers' right to protect the firm and employees' right to privacy. Through which of the following can such a conflict arise in a work environment?

Through different forms of monitoring Through the regulation of personal choices or activities

According to the Genetic Information Nondiscrimination Act (GINA), under which of the following circumstances can employers release genetic information about employees?

To a public health agency To an employee upon request To a health researcher To comply with a court order

True or false: According to economist Antonio Argandoña, significant moral requirements should be imposed on the information and data on which new technology is dependent.

True

True or false: One of the reasons that employee advocates argue against monitoring in the workplace is that monitoring is an inherent invasion of privacy.

True

Identify the true statements about the approach to privacy around the world.

Uncertainty concerning the nature, extent, and value of privacy is widespread. Significant disagreement about privacy exists within the United States.

In the context of companies' attempts to encourage nonsmoking among employees, which of the following is true of the Affordable Care Act (ACA)?

Under ACA, insurance companies are allowed to charge smokers more than nonsmokers for a health insurance policy.

Identify the necessary elements suggested by economist Antonio Argandoña in imposing moral requirements on the information and data on which new technology is dependent.

Accountability Respect for privacy Truthfulness and accuracy Respect for property and safety rights

Identify the true statements about the legal status of employee monitoring in the United States.

As of 2019, employers are prohibited from obtaining social media passwords from prospective or current employees in 26 states. Under most circumstances, employers are allowed to monitor employee e-mails.

Which of the following U.S. states require employers to notify employees when they are being monitored?

Connecticut Delaware

Which of the following are true of drug testing in the workplace?

Employees can argue that unless their drug usage affects their job performance, employers have no basis for drug testing. Employers are in favor of drug testing because they can be held responsible for legal violations committed by employees in the course of their job.

According to the Genetic Information Nondiscrimination Act (GINA), under which of the following circumstances can employers collect genetic information about employees?

To examine the biological effects of toxic substances in the workplace To comply with the Family Medical Leave Act (FMLA)

Identify the reasons why employers monitor employees' technology usage.

To place employees in suitable positions and to ensure their workplaces are in compliance with affirmative action requirements To ensure productive performance

Identify the reasons why employers monitor employees' technology usage beyond the management of their human resources.

To prevent theft To secure proprietary information To protect their investment in bandwidth and equipment

Identify the true statements about the access to information provided by technology.

Total accessibility leads to new expectations and thus conflicts. Technology allows for access to information that was not possible before.

Identify the true statements about the Electronic Communications Privacy Act (ECPA) of 1986.

Under it, employers are allowed to intercept e-mail messages as long as they have a valid business reason for doing so. It permits the interception of messages where consent has been granted.

The U.S. Constitution's ______ _____ protection against unreasonable search and seizure extends privacy protections to the public-sector workplace through the Constitution's application to state action.

fourth amendment

______ _____ ______ refers to the maintenance and either periodic or random review of the use of the Internet by employees or others based on time spent or content accessed for a variety of business purposes.

internet use monitoring

The widely known "invasion of privacy" claim is one that developed through case law called _____.

intrusion into seclusion

______ ______ ______ occurs when someone intentionally intrudes on the private affairs of another when the intrusion would be "highly offensive to a reasonable person."

intrusion into seclusion

In Riley v. California, the U.S. Supreme Court concluded that _____.

law enforcement officers may search for digital content on a device only after they have obtained a search warrant

______ ______ ______ is that environment where hypernorms or universal rules do not govern or apply to ethical decisions, but instead culture or other influences govern decisions, as long as they are not in conflict with hypernorms.

moral free space

According to philosopher George Brenkert, whether one's privacy is violated or not by a disclosure of personal information depends on _____.

one's relationship with the person or persons who come to know that information

______ refers to the right to be "let alone" within a personal zone of solitude, and/or the right to control information about oneself.

privacy

The legal and ethical sources of protection for privacy in personal data are called ______ _____.

privacy rights

The boundaries defining actions that individuals can take in relation to other individuals regarding their personal information are called ______ ______

property rights

The concept of _____ involves a determination of who maintains control over tangibles and intangibles, including personal information.

property rights

A challenge posed by the new technology that is accessible in workplaces is _____.

the facelessness that arises from its use

Many recent court decisions regarding workplace monitoring seem to depend specifically on _____.

whether the employee had notice that the monitoring might occur