Certified Information Privacy Professional Employment Privacy 1 — Questions and Answers
Question 1: Under the ADA, what type of employee medical information must employers keep in confidential files separate from general personnel files?
- All medical information obtained through employment-related examinations or inquiries (Correct answer)
- Only disability accommodation requests
- Only workers' compensation claim information
- Only results from pre-employment drug tests
Correct answer: All medical information obtained through employment-related examinations or inquiries
The ADA requires all medical information obtained through employment-related medical examinations or inquiries to be kept in separate, confidential files.
Question 2: Which federal law governs employer use of consumer reports, including background checks, for employment purposes?
- Fair Credit Reporting Act (FCRA) (Correct answer)
- Employee Polygraph Protection Act
- National Labor Relations Act
- Privacy Act of 1974
Correct answer: Fair Credit Reporting Act (FCRA)
The FCRA regulates how employers obtain and use consumer reports (including background checks) from consumer reporting agencies for employment purposes.
Question 3: What FCRA requirement must employers fulfill BEFORE taking adverse action based on a background check report?
- Provide the applicant with a copy of the report and a pre-adverse action notice (Correct answer)
- File a report with the FTC
- Notify the state labor department
- Destroy all copies of the report
Correct answer: Provide the applicant with a copy of the report and a pre-adverse action notice
FCRA requires employers to provide applicants with a copy of the consumer report and a pre-adverse action notice giving them opportunity to dispute inaccuracies before taking adverse action.
Question 4: Which law prohibits most private employers from using lie detector tests for pre-employment screening?
- Employee Polygraph Protection Act (EPPA) (Correct answer)
- Fair Credit Reporting Act
- Electronic Communications Privacy Act
- ADA
Correct answer: Employee Polygraph Protection Act (EPPA)
The EPPA prohibits most private employers from using polygraph tests for pre-employment screening or during employment, with narrow exceptions for certain industries.
Question 5: Under the NLRA, employees have a right to discuss their wages with coworkers. Employer policies restricting such discussions are generally:
- Unlawful as they interfere with Section 7 rights to concerted activity (Correct answer)
- Lawful as a legitimate business interest
- Only enforceable in at-will employment states
- Permitted if the employer provides a valid business reason
Correct answer: Unlawful as they interfere with Section 7 rights to concerted activity
The NLRA's Section 7 protects employees' rights to discuss wages and working conditions; policies prohibiting such discussions are generally unlawful.
Question 6: What is the primary privacy concern with employer monitoring of employee personal devices used for work (BYOD)?
- Blurring of personal and work data, creating risk of accessing employees' personal information (Correct answer)
- Employers cannot legally access any data on personal devices
- Only encrypted devices may be monitored under federal law
- BYOD monitoring requires individual employee union contracts
Correct answer: Blurring of personal and work data, creating risk of accessing employees' personal information
BYOD programs create a risk that employer monitoring tools may access personal data commingled with work data, raising significant privacy concerns.
Certified Information Privacy Professional Employment Privacy 1
Under the ADA, what type of employee medical information must employers keep in confidential files separate from general personnel files?