CIPP/US Workplace Privacy & Employee Monitoring 2

Question 1

What does the concept of 'reasonable expectation of privacy' from Katz v. United States mean in the context of public-sector workplace monitoring?

Accepted Answer

Government employees may have Fourth Amendment protections against unreasonable searches of their workplace spaces

Answer

Government employees have no privacy rights in any government-owned property

Answer

Only private-sector employees can invoke the reasonable expectation of privacy doctrine

Answer

Reasonable expectation of privacy applies only to physical spaces, not digital communications

Question 2

Under the FCRA, how long before taking adverse employment action must an employer wait after providing the pre-adverse action notice?

Accepted Answer

A reasonable period of time (generally interpreted as at least 5 business days)

Answer

72 hours

Answer

30 calendar days

Answer

No waiting period is required; the notice is purely informational

Question 3

Which of the following is an accurate statement about drug testing in the workplace under federal law?

Accepted Answer

There is no comprehensive federal law mandating private-sector drug testing, though certain industries are federally regulated

Answer

The Drug-Free Workplace Act requires all federal contractors to test employees for drugs

Answer

OSHA mandates random drug testing for all employees in safety-sensitive positions

Answer

The ADA prohibits all workplace drug testing as a form of disability-related inquiry

Question 4

An employer collects biometric data (fingerprints) for employee time-and-attendance tracking. Which state law is most commonly associated with strict regulation of biometric data collection in employment?

Accepted Answer

Illinois Biometric Information Privacy Act (BIPA)

Answer

California Consumer Privacy Act (CCPA)

Answer

New York SHIELD Act

Answer

Texas Identity Theft Enforcement and Protection Act

Question 5

The National Labor Relations Act (NLRA) intersects with workplace privacy because it:

Accepted Answer

Protects employees' rights to engage in concerted activities, which can limit how employers monitor and discipline workers for discussing wages or working conditions

Answer

Requires employers to preserve all employee communications for labor dispute resolution

Answer

Grants unions the right to access all employer monitoring records

Answer

Prohibits all surveillance of union employees without NLRB approval

Question 6

A terminated employee requests access to their personnel file. Under which legal framework are they most likely to have this right?

Accepted Answer

State law, as there is no federal law granting private-sector employees access to their personnel files

Answer

The Privacy Act of 1974, which covers all employment records

Answer

HIPAA, because personnel files contain health-related information

Answer

The FCRA, which mandates employer disclosure of all records used in employment decisions

Question 7

When an employer uses a third-party vendor to conduct social media screening of job applicants, the employer must be aware that this practice may trigger obligations under:

Accepted Answer

The FCRA, if the vendor is considered a consumer reporting agency compiling consumer reports

Answer

HIPAA, because social media may contain protected health information

Answer

The ECPA, because accessing social media constitutes electronic interception

Answer

The ADA, because social media may reveal disability status