Business Ethics Chapter 7

Identify the enhanced surveillance procedures provided for by Title II of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 that have a significant effect on individual privacy and may impact an employer's effort to maintain employee privacy. (Check all that apply.) -Permitting emergency disclosure of customer electronic communications by providers only on producing a judicial warrant -Allowing nationwide seizure of voice-mail messages in accordance with warrants -Expanding authority to intercept wire, oral, and electronic communications that are related to terrorism, computer fraud, and abuse offenses -Broadening the types of records that law enforcement can obtain from electronic communications service providers pursuant to a subpoena -Discouraging the sharing of personal information between government agencies

-Allowing nationwide seizure of voice-mail messages in accordance with warrants -Expanding authority to intercept wire, oral, and electronic communications that are related to terrorism, computer fraud, and abuse offenses -Broadening the types of records that law enforcement can obtain from electronic communications service providers pursuant to a subpoena

According to ethicists Thomas Donaldson and Thomas Dunfee, which of the following are examples of hypernorms? (Check all that apply.) -The right to withhold professional information -Freedom of speech -The right to personal freedom -The right to physical movement -Freedom from social bonds

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

Identify the true statements about the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001. (Check all that apply.) -It granted access to sensitive data only on producing a judicial warrant. -It discouraged the sharing of personal information between government agencies to ensure the greatest level of protection. -It increased civil and criminal penalties for intentionally or knowingly aiding terrorists. -It expanded states' rights with regard to Internet surveillance technology.

-It increased civil and criminal penalties for intentionally or knowingly aiding terrorists. -It expanded states' rights with regard to Internet surveillance technology.

What are the reasons given by employee advocates for limiting monitoring in the workplace? (Check all that apply.) -Monitoring may prevent managers from ensuring effective performance by causing loss of productivity due to inappropriate technology use. -Monitoring may create a mistrustful and hostile workplace. -Monitoring may arguably constrain effective performance as it can lead to increased stress and pressure. -Monitoring may lead to the theft of proprietary information.

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

Identify the parameters that a workplace monitoring policy should ideally follow. (Check all that apply.) -Monitoring should only result in gaining some business interest. -Advance notice regarding monitoring should not be given to employees. -There should be no employee access to the information gathered through monitoring. -Monitoring should be restricted to within the workplace. -There should be no monitoring in private areas.

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

Identify the related senses of privacy. (Check all that apply.) -Privacy as the right to regulate information about oneself -Privacy as a right to remain within a personal zone of solitude -Privacy as a right to withhold essential information -Privacy as the right to prioritize oneself over others

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

Identify the true statements about the impact of new technology on the issue of privacy. (Check all that apply.) -The advent of new technology has implications on employee and employer expectations regarding privacy interests. -Private firms today are unwilling to share private information about employees and customers. -Firms nowadays are usually well prepared for the unanticipated challenges regarding privacy stemming from new technology. -Technology allows for in-home offices, and this raises issues of safety and privacy concerns.

-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.

Which of the following are true of the definitions laid out by the Genetic Information Non-Discrimination Act (GINA)? (Check all that apply.) -Under GINA, one's genetic information is restricted to information about oneself. -The term family member includes one's dependents and relatives all the way to the fourth degree of kinship. -The term family member includes only first-degree blood relatives. -Under GINA, one's genetic information includes one's family's medical history.

-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.

Identify the reasons why employers monitor employees' technology usage. (Check all that apply.) -To place employees in suitable positions and to ensure their workplaces are in compliance with affirmative action requirements -To ensure successful customer acquisition -To ensure productive performance -To maintain the privacy of employees and customers, especially in case of possible disputes

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

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

False Reason: Employers have had a longer history of monitoring employees using drug testing than they have using technology monitoring.

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

False Reason: New technology does not necessarily influence people's value judgments regarding privacy but instead simply provides new ways to gather the information on which to base them.

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

Genetic Information Non-Discrimination

Match the U.S. states with their features in the context of privacy claims.

Georgia: Its courts were the first to recognize a common-law—or court-created—right to privacy. North Dakota: Its courts do not recognize any privacy claims that are usually accepted by other courts.

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 allows insurance firms to charge smokers up to 50% more than nonsmokers for a health insurance policy. -HIPAA requires firms to offer alternatives for their employees who are smokers to avoid a surcharge for a health insurance policy. -HIPAA allows firms to require their employees to actually quit smoking in order to continue employment. -HIPAA requires insurance firms to encourage nonsmoking among their employees by providing free smoking-cessation programs.

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

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

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

Health Insurance Portability and Accountability Act (HIPAA)

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 have a different impact on one protected group than on other groups -If those rules require employees to share their personal information with the employees -If those rules have been proven to be beneficial to the employers in the past -If those rules are essential to avoid a conflict of interest or the appearance of a conflict of interest

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

______________ ______________ ______________ 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

Identify a true statement about the Genetic Information Non-Discrimination Act (GINA) of 2009. -It allows employers to collect genetic information from employees in order to monitor the biological effects of toxic substances in the workplace. -It prevents employers from releasing genetic information about an employee to a public health agency. -It prevents employers from collecting genetic information in order to comply with the Family Medical Leave Act. -It excludes family medical history from one's genetic information.

It allows employers to collect genetic information from employees in order to monitor the biological effects of toxic substances in the workplace. Explanation: Under GINA, an employer can collect genetic information in order to comply with the Family Medical Leave Act or to monitor the biological effects of toxic substances in the workplace.

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.

Identify a true statement about the "Hawthorne Effect." -It maintains that workers' productivity improves when they are singled out. -It holds that managers should not monitor their employees in any situations. -It occurs only when the mechanisms used to monitor employees are unethical. -It holds that workers show poor performance when they know that they are being monitored.

It maintains that workers' productivity improves when they are singled out. Explanation: Workers are found to be more productive based on the psychological stimulus of being singled out, which makes them feel more important. In other words, merely knowing one is being studied might make one a better worker. This effect of employer monitoring is termed the "Hawthorne Effect."

_____________ _______________ _____________ 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

Recently, it was discovered that the _____ was harvesting millions of e-mail and instant messaging contact lists, searching e-mail content, and tracking and mapping the location of cell phones, often with the help of telecommunications companies.

National Security Agency (NSA)

It was recently revealed that the National Security Agency (NSA) was tapping into the data centers of companies like Yahoo! and Google to collect information from account holders worldwide based on court-approved explicit access through its _____ program.

PRISM

Which of the following is true of values that are determined within moral free space? -They are in conflict with hypernorms. -They are not hypernorms. -They are fundamental across culture and theory. -They are not open to interpretation.

They are not hypernorms.

Identify a true statement about hypernorms. -They determine who maintains control over tangibles and intangibles. -They are values that are fundamental across culture and theory. -They are values that are determined within free moral space. -They are limited to an individual's property rights.

They are values that are fundamental across culture and theory. Explanation: Ethicists Thomas Donaldson and Thomas Dunfee have developed an approach to ethical analysis that seeks to differentiate between those values that are fundamental across culture and theory hypernorms and those values that are determined within moral free space and that are not hypernorms.

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 Reason: Economist Antonio Argandoña believes that if new technology depends on and has as its substance information and data, significant moral requirements need to be imposed on that information.

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 Reason: One of the reasons that employee advocates argue against monitoring in the workplace is that monitoring is an inherent invasion of privacy that violates employees' fundamental human right to privacy.

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, companies should not protect employees who choose to use legal substances off the job, including cigarettes. -Under ACA, insurance companies must provide free smoking-cessation programs and other similar wellness services to employees. -Under ACA, companies are permitted to prohibit smoking as a condition of employment. -Under ACA, insurance companies are allowed to charge smokers more than nonsmokers for a health insurance policy.

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

If the basis for finding an invasion of privacy is often an employee's legitimate and reasonable expectation of privacy, then a situation where there is no real expectation of privacy occurs when the

employee has actual notice. Explanation: Since the basis for finding an invasion of privacy is often the employee's legitimate and reasonable expectation of privacy, if an employee has actual notice, then there truly is no real expectation of privacy.

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

intrusion into seclusion

Identify a legal violation that occurs when someone intentionally interferes in the private affairs of another when the interference would be "highly offensive to a reasonable person."

intrusion into seclusion Explanation: The "invasion of privacy" claim with which most people are familiar is one that developed through case law called intrusion into seclusion. This legal violation occurs when someone intentionally intrudes on the private affairs of another when the intrusion would be "highly offensive to a reasonable person."

In the context of the approach to ethical analysis developed by Donaldson and Dunfee, as long as a decision is not in conflict with a hypernorm, it rests within ________, and reasonable minds may differ as to what is ethical.

moral free space Explanation: Moral free space 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. In other words, as long as a decision is not in conflict with a hypernorm, it rests within moral free space, and reasonable minds may differ as to what is ethical.

The legal and ethical sources of protection for privacy in personal data are called ___________ ____________.

privacy rights

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

Two general and connected understandings of privacy have been identified: privacy as a right to be "left alone" within a personal zone of solitude, and privacy as the

right to control information about oneself. Explanation: Two general and connected understandings of privacy can be found in the legal and philosophical literature on this topic: privacy as a right to be "left alone" within a personal zone of solitude, and privacy as the right to control information about oneself.

The Constitution's Fourth Amendment protection against an unreasonable search and seizure governs only the public sector workplace because

the Constitution applies only to state action.

Which of the following prohibits the "interception" or unauthorized access of stored communications? -the Privacy Act of 1974 -the Electronic Communications Privacy Act of 1986 -the Computer Security Act of 1987 -the Computer Fraud and Abuse Act of 1986

the Electronic Communications Privacy Act of 1986

Which of the following acts stipulates that employers cannot use "protected health information" in making employment decisions without prior consent? -the Health Insurance Portability and Accountability Act -the Personal Information Protection and Electronic Documents Act -the Federal Information Security Management Act -the Personal Information and Health Documents Act

the Health Insurance Portability and Accountability Act Explanation: The Health Insurance Portability and Accountability Act (HIPAA) stipulates that employers cannot use "protected health information" in making employment decisions without prior consent. Protected health information includes all medical records or other individually identifiable health information.

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

whether the employee had notice that the monitoring might occur

Identify the necessary elements suggested by economist Antonio Argandoña in imposing moral requirements on the information and data on which new technology is dependent. (Check all that apply.) -Plausible deniability -Accountability -Respect for privacy -Respect for property and safety rights -Truthfulness and accuracy -Respect for subjective interpretations

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

Identify the ways in which privacy can be legally protected. (Check all that apply.) -By the common law -By individual rights -By the constitution -By federal and/or state statutes -By organizational guidelines

-By the common law -By the constitution -By federal and/or state statutes

Which of the following U.S. states require employers to notify employees when they are being monitored? (Check all that apply.) -Connecticut -South Carolina -Delaware -North Dakota

-Connecticut -Delaware

Which of the following are true of drug testing in the workplace? (Check all that apply.) -Employees can argue that unless their drug usage affects their job performance, employers have no basis for drug testing. -The legalization of marijuana in some jurisdictions for medical or recreational purposes has eased workplace dilemmas regarding 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. -In U.S. states where smoking pot is legal, marijuana users are protected from terminations when they test positive in drug tests.

-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.

Identify the conditions under which decisions or workplace rules used by employers are allowed by most U.S. statutes or common-law decisions. (Check all that apply.) -If those rules have been proven to be beneficial to the employers in the past -If those rules constitute a bona fide occupational requirement -If those rules are reasonably and rationally related to an employee's employment activities -If those rules target a particular protected group of people

-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 true statements about the approach to privacy around the world. (Check all that apply.) -A legal right to privacy as recognized within the United States is acknowledged by all western countries. -Significant disagreement about privacy exists within the United States. -The United States has the most centralized and consistent approach to personal privacy issues. -Uncertainty concerning the nature, extent, and value of privacy is widespread.

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

Identify the true statements about the parameters are ideally considered while developing a workplace monitoring policy. (Check all that apply.) -They permit employers to make employment decisions based on off-work activities. -They permit employers to protect against abuse of resources. -They permit employers to effectively and ethically oversee the work employees do. -They permit employers to withhold information gathered through monitoring.

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

Identify the reasons why employers monitor employees' technology usage beyond the management of their human resources. (Check all that apply.) -To prevent theft -To record work processes for clients -To secure proprietary information -To convey workplace benefits to their customers -To protect their investment in bandwidth and equipment

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

Identify the true statements about the Electronic Communications Privacy Act (ECPA) of 1986. (Check all that apply.) -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. -Under it, employers are prohibited from intercepting messages that are no longer in transit and have actually reached company computers. -It punishes electronic monitoring by third parties and by employers.

-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.

Identify the true statements about the legal status of employee monitoring in the United States. (Check all that apply.) -Under federal law, employers may not monitor work calls without notice. -Under most circumstances, employers are allowed to monitor employee e-mails. -As of 2019, employers are prohibited from obtaining social media passwords from prospective or current employees in 26 states. -Employers may not review employees' Internet use if they have provided access to the Internet in the first place.

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

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

The ____________ ______________ _____________ Act (ECPA) of 1986 is the U.S. statute that establishes the provisions for access, use, disclosure, interception, and privacy protections relating to electronic communications.

Electronic Communications Privacy

____________ ____________ 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

______________ are values that are fundamental across culture and theory.

Hypernorms