MGMT 485 Chap 14
increase productivity
A justification given by employers for monitoring their employees' technology use is to _____.
fundamental right
A right that is guaranteed by the Constitution, whether stated or not, is termed a(n) _____.
fundamental
A right that is protected by the United States Constitution, such as the right to free speech, is referred to as a(n). __________ right.
Monitoring should be done continuously.
According to the Communications Workers of America, which of the following guidelines is not recommended when creating processes for employee monitoring?
The Privacy Act
Alicia works for the Food and Drug Administration. Which of the following acts regulates the release of her personal information?
The employer's need to monitor email must be weighed against an employee's right to privacy and autonomy.
Bob sends an email from his personal account while on his work computer. Which of the following is true with regard to this email?
U.S. employees
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.
private sector
Congress formed the Privacy Protection Study Commission to study the possibility of extending the Privacy Act of 1974 to the _____.
Slander
Consists of defamation in an oral statement
Yes, defamation is not protected by the First Amendment
Constance has a very popular social media following. She has been in a very public dispute with Patty, a rival. Constance made a very inflammatory and inaccurate statement about Patty. Patty's feelings are hurt and she believes she likely has a valid defamation claim. Is she correct?
No, if Danica can show the claim is true, truth is an absolute defense.
Danica tells London that Audrey stole money from a previous employer that they both worked for. Audrey is then fired. Could Danica be sued for slander?
NOT Intrusion into seclusion. or Public disclosure of private facts.
Doreen found out that her husband of 20 years had been having a secret affair with her coworker Barb. Doreen took lewd pictures that Barb had sent Doreen's husband and put them on the breakroom bulletin board. What tort might Doreen be guilty of?
at-will
Employment-_____ means that the employee serves at the will of the employer.
the Constitution
Fundamental rights are rights that are guaranteed by __________, whether stated or not.
European employees
Generally, they enjoy a wider range of freedom from employer intrusion than the other group of employees does.
interoffice dating reduces productivity of the parties involved.
Identify a historical argument for the ban on interoffice dating.
It does not cover the radio portion of a cordless telephone communication that is transmitted between the handset and base unit.
Identify a true statement about Title III of the Federal Wiretap Act.
Voluntary consent to publication of information constitutes an absolute bar to a false-light action.
Identify a true statement about a case of publication in a false light.
It prohibits unauthorized eavesdropping by all persons, businesses, and the government.
Identify a true statement about the Electronic Communications Privacy Act (ECPA).
It provides protection against unreasonable search and seizure.
Identify a true statement about the Fourth Amendment to the U.S. Constitution.
A valid waiver must be given voluntarily.
Identify a true statement about waivers.
They arise from a motley collection of inferences from the Constitution, limited-purpose federal laws, assorted state laws, and some common law.
Identify a true statement about workplace privacy protections.
It protects private-sector employees from employer monitoring of their communications without a court order. It is the federal wiretapping statute that was amended by the Electronic Communications Privacy Act of 1986
Identify the true statements about Title III of the Omnibus Crime Control and Safe Streets Act of 1968. (Check all that apply.)
Monitoring may be more acceptable to employees when they perceive that monitoring takes place within an environment of procedural fairness. Employers should develop concise written policies and procedures regarding the use of company computers, specifically email.
Identify the true statements about computer use policies with reference to employee privacy. (Check all that apply.)
Employment-at-will is limited by certain exceptions created either by statute or by case law. An employee who signs an employment contract has those rights stated in the contract.
Identify the true statements about employment-at-will. (Check all that apply.)
It restricts governmental intrusion into the lives of federal employees. It restricts the disclosure of personally identifiable records maintained by government agencies.
Identify the true statements about the Privacy Act of 1974. (Check all that apply.)
The interests of an employee are balanced against the interests of his or her employer. The right to privacy is not absolute.
Identify the true statements about the Privacy Act of 1974. (Check all that apply.)
Limited legislation
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?
Electronic Communications Privacy Act (ECPA)
In late 1986, Congress increased the coverage of Title III of the Federal Wiretap Act by broadening the range of electronic communications. This resulted in the passage of the _____.
public sector
In the context of employee privacy, the segment of the workforce represented by governmental employers and governmental agency employers is known as the _____.
there was an intentional or negligent public revealing
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 _____.
compelled self-publication
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 _____.
the defendant employer intentionally trespassed into a private area
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 _____.
Going into private places belonging to the employee Asking others for personal information about the employee
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.)
They do not include any state action.
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?
The degree of invasion of personal privacy The individual's interest in disclosure of the information sought The public interest in disclosure
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.)
common law
In the context of workplace privacy, the law made and applied by judges based on prior case law is called _____.
the means to prevent or detect employee misconduct
Increased monitoring and surveillance in the workplace provides _____.
at-will
Julia, an employee at ABC Inc. shows up late again for work and is terminated by her employer. She has no contract for employment. Therefore, she is a(n) __________ employee
social media.
Laika's boss has been asked to create a shared environment where individual customers will be able to write about their experiences, post videos, and upload audio messages about their experiences after using the products manufactured by the company. Laika has been asked to make use of
Limited separation
Permits company information to be intermingled with personal information
Virtualization
Provides remote access to company servers without allowing employees to download company's data or store it on their personal devices
seeks compensation for damages because of the employee's inability to be left alone.
Publication in a false light differs from defamation in that a false-light action _____.
Libel
Refers to defamation in a written document
waiver
Sara was asked by her boss if it would be okay to look through Sara's email. Sara said that she was fine with this. In this case, Sara has relinquished her right to hold her employer responsible and therefore, Sara has granted a(n) __________.
Walled garden
Separates company-owned data from personal data in a separate, secure application
fundamental rights
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.
the device, the data stored on it, and the networks that it access belong to different owners
The challenges associated with "bring your own device" (BYOD) workplace environments arise because _____.
private
The segment of the workforce that represents companies that are not owned or managed by the government or one of its agencies is known as the __________ sector.
Employment actions by private employers
They do not trigger constitutional protections.
Employment actions by public employers
They trigger constitutional protections.
the acquisition of evidence of crime
Title III of the Federal Wiretap Act authorizes _____.
False
True or false: In 1977, the Privacy Protection Study Commission concluded that the Privacy Act should be extended to private employers.
True
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.
true
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.
True
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.
False
True or false: The "search" discussed in the Fourth Amendment does not include the retrieval of blood samples and bodily invasions.
True
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.
true
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.
False
True or false: There is no legislation for the protection of personal privacy of federal, state, and local employees from governmental intrusion and excess.
true
True or false: Workplace policies on dating co-workers are largely a function of an employer's corporate culture.
the protection of their privacy
Unlike Europeans, Americans view employee rights in terms of _____.
Employee insecurity Increased stress, inhibited creativity, and decreased morale
What are the potential disadvantages of excessive monitoring and surveillance in the workplace? (Check all that apply.)
waiver
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.
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
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.)
Employers are limited in their collection of information through various forms of testing. Employers are limited in the questions they may ask potential employees.
Which of the following are true about the collection of personal data from potential employees by employers? (Check all that apply.)
The Electronic Communications Privacy Act
Which of the following covers all forms of digital communications, including transmission of text and digital images, in addition to voice communications on the telephone?
Employers use it for protection against liability for defamation, infringement, and obscenity.
Which of the following is a reason for employers to monitor employees' use of computers in the workplace?
It gives an agency total control over the use of employees' personal information.
Which of the following is a result of a situation in which one of the exceptions to the Privacy Act of 1974 applies?
There are some limitations on freedom of speech for those who post through social media things that pertain to their employment.
Which of the following is true with regard to those who work in the private sector?
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.
Which of the following methods of handling employee information constitute an invasion of privacy? (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
Which of the following should a company's social media policy contain? (Check all that apply.
Reminders that employers retain the right to monitor all social media activities of employees Personal comment rules for employees who express opinions through social media
Which of the following should a company's social media policy contain? (Check all that apply.)
Rules requiring password disclosure
Which of the following should not be part of a company's social media policy?
Conversion
Which of the following torts does not usually concern the right to privacy?
Neither truth nor absence of malice
Which of the following would be an acceptable defense for an employer sued for invasion of an employee's privacy?
A manager asks an employee about his or her HIV status.
Which of the following would most likely be a tort of intrusion into seclusion?
To provide employees the right to seek amendment of inaccuracies in federal agency records maintained on themselves To establish a code of "fair information practices" that requires agencies to comply with certain statutory norms
With reference to public-sector employee privacy, identify the basic principles that underlie the Privacy Act of 1974. (Check all that apply.)
An employment action taken by a public sector employer is considered to be a private action.
With regard to the differences between public and private sector privacy, which of the following is false?
Both private and public-sector employees have some amount of privacy rights in the workplace. In general, private employment does not trigger Constitutional rights because there is no government action. In general, stricter regulation is necessary for government employees because it is common for federal agencies to be overzealous in surveillance and information gathering.
With regard to the differences between public and private sector privacy, which of the following is true?
The Ninth Circuit Court of Appeals
_____ has developed guidelines to assist in the balancing test that weighs the need to know personal information against an employee's privacy interest.
