HRS Smartbook Chapter 13 and 14

According to the amendments to the Americans with Disabilities Act (ADA), a physical or mental impairment that substantially limits one or more major life activities of an individual is termed a(n) _____.

disability

A right that is guaranteed by the Constitution, whether stated or not, is termed a(n) _____.

fundamental right

The U.S. Supreme Court held a constitutional guarantee of various zones of privacy as a part of the _____ guaranteed by the Constitution, such as the right to free speech and the right to be free from unreasonable searches and seizures.

fundamental rights

Harassment of an employee exists to such an extent that a reasonable employee would dread or fear going to work in a(n) _____ work environment.

hostile

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

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A justification given by employers for monitoring their employees' technology use is to _____.

increase productivity

Functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working are called _____ activities.

major life

Liability for injury imposed regardless of fault is termed _____.

no-fault

An adjustment to an individual's disability that does not place an undue burden or hardship on his or her employer is termed _____.

reasonable accommodation

Publication in a false light differs from defamation in that a false-light action _____.

seeks compensation for damages because of the employee's inability to be left alone.

Title III of the Federal Wiretap Act authorizes _____.

the acquisition of evidence of crime

With regard to the Americans with Disabilities Act of 1992, whether a hostile work environment exists depends upon _____.

the court circuit in which an individual works

In the context of private-sector privacy, to state a prima facie case for the tort of intrusion into seclusion, the plaintiff employee must show that _____.

the defendant employer intentionally trespassed into a private area

The challenges associated with "bring your own device" (BYOD) workplace environments arise because _____.

the device, the data stored on it, and the networks that it access belong to different owners

The Vocational Rehabilitation Act of 1973 applies to _____.

the government and any firm that does business with the government

Increased monitoring and surveillance in the workplace provides _____.

the means to prevent or detect employee misconduct

In the context of private sector privacy, to state a prima facie case for the tort of public disclosure of private facts, the plaintiff employee must show that _____.

there was an intentional or negligent public revealing

In the context of workplace discrimination, a private (civil) wrong against a person or her or his property is termed a(n) _____.

tort

When an employee signs a(n) _____, he or she intentionally exempts him or her employer from liability for claims he or she may have because of privacy issues.

waiver

Identify a true statement about waivers.

A valid waiver must be given voluntarily.

The _____ means that, generally, as long as an applicant or employee is otherwise qualified for a position, with or without reasonable accommodation, an employer is prohibited from making any adverse employment decision solely on the basis of the disability.

Americans with Disabilities Act (ADA) and Rehabilitation Act protection

Identify the theories that must be proved by a claim of associational discrimination under the Americans with Disabilities Act (ADA). (Check all that apply.)

An employer fears that an employee has a genetic predisposition to develop a disability. An employer assumes that the performance of an employee will be impaired because of association with a person with a disability.

Which of the following torts does not usually concern the right to privacy?

Conversion

Identify a true statement about a disability after the ADA (Americans with Disabilities Act) Amendments Act came into effect.

Courts have expanded the scope of what constitutes a disability.

Which of the following are true about the collection of personal data from potential employees by employers? (Check all that apply.)

Employers are limited in the questions they may ask potential employees. Employers are limited in their collection of information through various forms of testing.

Identify the true statements about computer use policies with reference to employee privacy. (Check all that apply.)

Employers should develop concise written policies and procedures regarding the use of company computers, specifically email. Monitoring may be more acceptable to employees when they perceive that monitoring takes place within an environment of procedural fairness.

Which of the following is a reason for employers to monitor employees' use of computers in the workplace?

Employers use it for protection against liability for defamation, infringement, and obscenity.

In the context of public- and private-sector privacy protections, match the types of employment actions (in the left column) with their descriptions (in the right column). Instructions

Employment actions by private employers matches Choice, They do not trigger constitutional protections. They do not trigger constitutional protections. Employment actions by public employers matches Choice, They trigger constitutional protections. They trigger constitutional protections.

The _____ has emphasized that the term "substantially limited" requires a lower degree of functional limitation than the standard previously applied by the courts.

Equal Employment Opportunity Commission

Successful retaliation claims under the ADA allow for which of the following?

Equitable relief

Match the types of employees (in the left column) with their descriptions related to employer intrusion in the workplace (in the right column).

European employees matches Choice, Generally, they enjoy a wider range of freedom from employer intrusion than the other group of employees does. Generally, they enjoy a wider range of freedom from employer intrusion than the other group of employees does. U.S. employees matches Choice, Generally, they enjoy a narrower range of freedom from employer intrusion than the other group of employees does. Generally, they enjoy a narrower range of freedom from employer intrusion than the other group of employees does.

Which of the following are the enhanced surveillance procedures provided by Title II of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act)? (Check all that apply.)

Expanded authority to intercept wire, oral, and electronic communications relating to terrorism and to computer fraud and abuse offenses Offered nationwide service of search warrants for electronic evidence

True or false: In the context of disability discrimination, the approach taken by the Americans with Disabilities Act of 1992 is entirely different from the Vocational Rehabilitation Act of 1973.

False

According to the ADA (Americans with Disabilities Act) Amendments Act, which of the following are considered major life activities? (Check all that apply.)

Immune system functions Reproductive functions Thinking and communicating

In the context of workplace discrimination, a private (civil) wrong against a person or her or his property is termed a(n) _____.

In the context of workplace discrimination, a private (civil) wrong against a person or her or his property is termed a(n) _____.

What are the potential disadvantages of excessive monitoring and surveillance in the workplace? (Check all that apply.)

Increased stress, inhibited creativity, and decreased morale Employee insecurity

Pattern-or-practice cases of discrimination are tried in two stages. Identify a true statement about the second stage.

Individual employees prove individual harm using the finding of a policy as discriminatory from the first stage.

With reference to workers' compensation and employer liabilities, identify the injuries that are considered work-related injuries. (Check all that apply.)

Injury due to insufficient safety gear at work Injury due to collapse of outdated machinery

Identify a historical argument for the ban on interoffice dating.

Interoffice dating reduces productivity of the parties involved.

Which of the following is true about the Americans with Disabilities Act of 1992?

It applies to all employers with at least 15 employees.

Identify a true statement about Title III of the Federal Wiretap Act.

It does not cover the radio portion of a cordless telephone communication that is transmitted between the handset and base unit.

Which of the following is a result of a situation in which one of the exceptions to the Privacy Act of 1974 applies?

It gives an agency total control over the use of employees' personal information.

Identify the true statements about Title III of the Omnibus Crime Control and Safe Streets Act of 1968. (Check all that apply.)

It is the federal wiretapping statute that was amended by the Electronic Communications Privacy Act of 1986. It protects private-sector employees from employer monitoring of their communications without a court order.

In the context of workplace discrimination, identify a true statement about the Genetic Information Nondiscrimination Act (GINA).

It prohibits employers with 15 or more employees from requesting genetic information from employees.

Identify a true statement about the Electronic Communications Privacy Act (ECPA).

It prohibits unauthorized eavesdropping by all persons, businesses, and the government.

Identify the true statements about the Privacy Act of 1974. (Check all that apply.)

It restricts the disclosure of personally identifiable records maintained by government agencies. It restricts governmental intrusion into the lives of federal employees.

In the context of private-sector employee privacy, match the types of defamation (in the left column) with their descriptions (in the right column).

Libel matches Choice, Refers to defamation in a written document Refers to defamation in a written document Slander matches Choice, Consists of defamation in an oral statement Consists of defamation in an oral statement

Match the approaches used by companies that maintain a "bring your own device" (BYOD) environment to integrate employees' smartphones, tablets, and other mobile devices (in the left column) with their descriptions (in the right column). Instructions

Limited separation matches Choice, Permits company information to be intermingled with personal information Permits company information to be intermingled with personal information Walled garden matches Choice, Separates company-owned data from personal data in a separate, secure application Separates company-owned data from personal data in a separate, secure application Virtualization matches Choice, Provides remote access to company servers without allowing employees to download company's data or store it on their personal devices Provides remote access to company servers without allowing employees to download company's data or store it on their personal devices

According to the Communications Workers of America, which of the following guidelines is not recommended when creating processes for employee monitoring?

Monitoring should be done continuously.

_____ is the omission or failure to do something in the way that a reasonable or prudent person would have done the same thing, or doing something that a reasonable or prudent person would not have done.

Negligence

Which of the following would be an acceptable defense for an employer sued for invasion of an employee's privacy?

Neither truth nor absence of malice

Which of the following actions would not be a violation of the ADAAA?

Not hiring somebody because of a high BMI, because the employer fears that it may cause safety issues.

In the context of the Americans with Disabilities Act (ADA), identify the common conditions that might not readily be considered disabilities but that might qualify as such under some circumstances. (Check all that apply.)

Obesity Drug abuse Allergies

Which of the following should a company's social media policy contain? (Check all that apply.)

Personal comment rules for employees who express opinions through social media Reminders that employers retain the right to monitor all social media activities of employees

In the context of public-sector employee privacy, identify the recommendations of the Privacy Protection Study Commission. (Check all that apply.)

Pretext interviews be prohibited The use of arrest or criminal records in employment decisions be prohibited except where otherwise allowed or required by law

True or false: Negligence is not a valid defense against workers' compensation claims in the case of a work-related injury.

Reason: This is false. An employer may allege negligence on the part of an injured employee to defend against a workers' compensation claim.

True or false: In the context of private-sector privacy, a prima facie case for the tort of public disclosure of private facts requires that the information disclosed must not already be publicized in any way, nor can it be information the plaintiff has consented to publish.

Reason: This is true. In the context of private-sector privacy, a prima facie case for the tort of public disclosure of private facts requires that the information disclosed must not already be publicized in any way, nor can it be information the plaintiff has consented to publish.

True or false: In all states except California, the application of the provision of constitutional recognition and protection of privacy rights of employees to private-sector organizations is limited.

Reason: This is true. Some state legislatures have responded to the issue of private-sector employee privacy by recognizing a constitutional right to privacy under their state constitutions. In all states except California, the application of the provision of constitutional recognition and protection of privacy rights of employees to private-sector organizations is limited, uncertain, or not included at all.

True or false: The Americans with Disabilities Act (ADA) requires that an employer reasonably accommodate a worker with a disabled child.

Reason: This is false. The Americans with Disabilities Act (ADA) requires that an employer reasonably accommodate a worker with a "perceived as" disability since it is not the worker who has the disability. They can terminate the worker if the disability of the relative affects the employee's performance.

True or false: Workplace policies on dating co-workers are largely a function of an employer's corporate culture.

Reason: This is true. An employer's corporate culture plays a major role in determining workplace policies on dating co-workers. Some employers have banned all interoffice dating, while others permit it.

True or false: The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) expanded states' rights with regard to Internet surveillance technology.

Reason: This is true. The USA PATRIOT Act expanded states' rights with regard to Internet surveillance technology, including workplace surveillance and amending the Electronic Communications Privacy Act in this regard.

Based on research, which of the following is true about reasonable accommodation provided by an employer to a disabled employee?

Reasonable accommodation expenses are normally quite low.

In the context of the Americans with Disabilities Act of 1992, identify the instances of discrimination based on a hostile work environment. (Check all that apply.)

Refusing to hire a disabled employee Demoting a disabled employee Firing a disabled employee

Which of the following should not be part of a company's social media policy?

Rules requiring password disclosure

Identify the true statements about trying a pattern-or-practice case of discrimination against disabled employees. (Check all that apply.)

Stage one of the case requires the employees to prove that discrimination is a regular policy or practice of the employer. If an employment policy is facially discriminatory, employees need to prove only that the policy was illegal.

In addition to the fact that the Americans with Disabilities Act (ADA) applies to an employer, which of the following things do an employee need to prove to be able to claim disability discrimination? (Check all that apply.)

That he or she is disabled That he or she is qualified for the position That he or she has suffered an adverse employment decision such as a termination or demotion

With reference to the Americans with Disabilities Act (ADA), identify the true statements about a request for an accommodation by a disabled employee. (Check all that apply.)

The ADA does not require an employee to anticipate the possible information that an employer may need in order to provide a reasonable accommodation. The ADA avoids a formulaic approach in favor of an interactive discussion between the employer and the employee.

Identify the true statements about retaliation under the Americans with Disabilities Act (ADA) in the United States. (Check all that apply.)

The ADA forbids intimidation, interference, or coercion against the employee engaged in a protected activity. To establish a retaliation claim, an employee must have engaged in a protected activity, such as opposition to discrimination.

_____ has developed guidelines to assist in the balancing test that weighs the need to know personal information against an employee's privacy interest.

The Ninth Circuit Court of Appeals

Worker's compensation contributions for larger employers are based on which of the following?

The company's injury record

Identify the factors that determine the reasonableness of an accommodation provided by an employer to a disabled employee. (Check all that apply.)

The cost to the employer The size of the company

After a prima facie showing of disability, who has the burden of proof under the ADAAA?

The defendant

Which of the following methods of handling employee information constitute an invasion of privacy? (Check all that apply.)

The employer uses the data collected for purposes other than the reasons for which they were collected. The process of collection of information constitutes harassment.

Identify the factors that a plaintiff must establish to successfully assert a harassment claim under the Americans with Disabilities Act (ADA). (Check all that apply.)

The harassment was based on the plaintiff's disability. The plaintiff was subject to unwelcome harassment. The harassment was sufficiently severe or pervasive to alter a term, condition, or privilege of employment.

Which of the following is an exception to the prohibition of overt intrusions under the Omnibus Crime Control and Safe Streets Act of 1968 as amended by the Electronic Privacy Communications Act of 1986?

The interception of phone calls and other communications where one party to the communication has given prior consent.

With reference to the Equal Employment Opportunity Commission Guidance, identify a feature of a request for an accommodation by a disabled employee.

The request for reasonable accommodation may be in plain English.

Identify the true statements about undue hardship with reference to accommodation of disabled employees. (Check all that apply.)

The size of the employer is a factor in determining undue hardship. It includes any accommodation that alters the operation of a business.

Identify a true statement about workplace privacy protections.

They arise from a motley collection of inferences from the Constitution, limited-purpose federal laws, assorted state laws, and some common law.

In the context of public- and private-sector privacy protections, which of the following is a true statement about the employment actions in the private sector compared to those in the public sector?

They do not include any state action.

Identify a true statement about no-fault statutes.

They were enacted to address primarily the issues of lost wages and medical expenses incurred in work-related injuries.

_____ provides privacy protection and governs the interception of oral, wire, and electronic communications by investigative and law enforcement officers conducting criminal investigations pertaining to serious criminal offenses, or felonies, following the issuance of a court order by a judge.

Title III of Federal Wiretap Act

With reference to public-sector employee privacy, identify the basic principles that underlie the Privacy Act of 1974. (Check all that apply.)

To establish a code of "fair information practices" that requires agencies to comply with certain statutory norms To provide employees the right to seek amendment of inaccuracies in federal agency records maintained on themselves

Identify a true statement about a case of publication in a false light.

Voluntary consent to publication of information constitutes an absolute bar to a false-light action.

In disparate impact cases, an employer can defend against an employee's claim of discrimination with a claim of _____.

business necessity

In the context of workplace privacy, the law made and applied by judges based on prior case law is called _____.

common law

In the context of private-sector employee privacy, a situation in which an employer provides an employee with a false reason as the basis for termination and the employee is forced to restate this reason when asked by a future employer the basis of departure from the previous job is termed _____.

compelled self-publication

Section 503 of the Vocational Rehabilitation Act of 1973 requires that, where a federal department or agency enters into a contract that exceeds _____ annually, the contractor is required to take affirmative action to employ and promote qualified disabled individuals.

$10,000

The Equal Employment Opportunity Commission (EEOC) defines a person with intellectual disability as anyone with an intelligence quotient (IQ) of below _____.

70-75

Identify the true statements about employment-at-will. (Check all that apply.)

An employee who signs an employment contract has those rights stated in the contract. Employment-at-will is limited by certain exceptions created either by statute or by case law.

In the context of private-sector privacy, which of the following are typically considered an employer's intrusion into an employee's seclusion? (Check all that apply.)

Asking others for personal information about the employee Going into private places belonging to the employee

_____ testing involves "the analysis of chromosomes, genes or gene products to determine whether a mutation is present that is causing or will cause a certain disease or condition."

Genetic

According to the ADA (Americans with Disabilities Act) Amendments Act of 2008, which of the following constitute disabilities? (Check all that apply.)Please note the acronym:HIV - Human immunodeficiency virus

HIV-positive status Depression

Identify a true statement about tort liability of an employer.

It may arise if an employer reacts to the news that an employee has a contagious disease in a way that causes the employee severe emotional distress.

Identify a true statement about the Fourth Amendment to the U.S. Constitution.

It provides protection against unreasonable search and seizure.

Identify a true statement about the Americans with Disabilities Act of 1990.

It provides protection to employees with disabilities in activities such as job application procedures and job training.

Identify a provision of Section 503 of the Vocational Rehabilitation Act of 1973.

It requires affirmative action on the part of federal contractors and agencies to recruit, hire, and train disabled workers.

If a state responded to the issue of privacy in private sector employment by protecting employees in only certain areas, which of the following types of employee protection, if any, was given?

Limited legislation

True or false: The "search" discussed in the Fourth Amendment does not include the retrieval of blood samples and bodily invasions.

Reason: This is false. The Supreme Court has liberally interpreted the "search" discussed in the Fourth Amendment to include a wide variety of activities such as retrieval of blood samples and other bodily invasions, including urinalyses.

True or false: The probability that a disease can be transmitted and may cause varying degrees of harm to others should not affect an employer's decision about whether an individual with a disability based on a disease is "otherwise qualified" for a position.

Reason: This is false. The probability that a disease can be transmitted and may cause varying degrees of harm to others affects an employer's decision about whether an individual with a disability based on a disease is "otherwise qualified" for a position.

True or false: Under the Americans with Disabilities Act (ADA), a plaintiff must show that the employer was the recipient of federal funds to successfully assert a harassment claim.

Reason: This is false. Under the Rehabilitation Act, a plaintiff must show that the employer was the recipient of federal funds to successfully assert a harassment claim.

True or false: There is no legislation for the protection of personal privacy of federal, state, and local employees from governmental intrusion and excess.

Reason: This is false. With regard to the public sector, the Constitution protects individuals from wrongful invasions by the state or by anyone acting on behalf of the government. The personal privacy of federal, state, and local employees is therefore protected from governmental intrusion and excess.

True or false: An individual does not need to have an impairment that prevents or severely or significantly restricts a major life activity to be considered substantially limited.

Reason: This is true. An individual does not need to have an impairment that prevents or severely or significantly restricts a major life activity to be considered to be substantially limited, nor does the impairment need to last for a set period of time.

In the context of the Ninth Circuit Court of Appeals, identify the factors that help reach a conclusion on the disclosure of an employee's personal information. (Check all that apply.)

The degree of invasion of personal privacy The individual's interest in disclosure of the information sought The public interest in disclosure

Identify the factors that help determine if an individual with a disability based on a disease may be "otherwise qualified" for a position. (Check all that apply.)

The probability that the disease will be transmitted How long the carrier is infectious Potential harm to third parties

Identify the true statements about the Privacy Act of 1974. (Check all that apply.)

The right to privacy is not absolute. The interests of an employee are balanced against the interests of his or her employer.

Which of the following must be established for a search to violate the Fourth Amendment to the U.S. Constitution? (Check all that apply.)

The search must be deemed unjustified at its inception. The search must be deemed unreasonable.

With reference to a claim of discrimination based on disability, identify the factors to be examined to determine undue hardship for an employer. (Check all that apply.)

The type of operation of the employer The nature and cost of the accommodation

According to the ADA (Americans with Disabilities Act) Amendments Act, identify a true statement about major life activities.

They include bodily functions such as normal cell growth and bladder and bowel functions.

In an effort to stem discrimination against disabled employees and applicants, in 1973, Congress enacted the _____.

Vocational Rehabilitation Act

The _____ states that "no otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency."

Vocational Rehabilitation Act of 1973

The Equal Employment Opportunity Commission (EEOC) considers a person intellectually disabled if that disability originated ____.

before the age of 18

Any physiological disorder or condition affecting one or more body systems that substantially limits one of life's major activities is termed a(n) _____.

impairment

In the context of the amendments to the Americans with Disabilities Act (ADA), disability is determined _____.

on the basis of the impairment's effect on the disabled person's life

Congress formed the Privacy Protection Study Commission to study the possibility of extending the Privacy Act of 1974 to the _____.

private sector

In the context of employee privacy, the segment of the workforce represented by governmental employers and governmental agency employers is known as the _____.

public sector

The Equal Employment Opportunity Commission (EEOC) regulations define _____ as the personal and professional attributes established as requirements which an individual must meet in order to be eligible for the position held or desired.

qualification standards

Unlike Europeans, Americans view employee rights in terms of _____.

the protection of their privacy