CSM Legal Aspects of Security Management 2 — Questions and Answers
Question 1: Which federal statute prohibits employers from discriminating against job applicants based on their national origin, potentially affecting security background check practices?
- Fair Credit Reporting Act (FCRA)
- Title VII of the Civil Rights Act of 1964 (Correct answer)
- Immigration Reform and Control Act (IRCA)
- Employee Polygraph Protection Act (EPPA)
Correct answer: Title VII of the Civil Rights Act of 1964
Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin, requiring that security hiring and background check criteria be applied consistently.
Question 2: When a security department conducts background checks on job applicants, which law requires them to obtain written consent and provide adverse action notices?
- Americans with Disabilities Act (ADA)
- Fair Credit Reporting Act (FCRA) (Correct answer)
- Privacy Act of 1974
- Sarbanes-Oxley Act
Correct answer: Fair Credit Reporting Act (FCRA)
The FCRA requires employers to obtain written consent before conducting background checks through consumer reporting agencies and to provide adverse action notices before making negative employment decisions.
Question 3: A security manager wants to use polygraph examinations when investigating an internal theft. Under the Employee Polygraph Protection Act (EPPA), this is generally:
- Permitted for any workplace theft investigation
- Prohibited unless specific conditions are met and proper notice given (Correct answer)
- Allowed only with union consent
- Required by federal law for thefts over $500
Correct answer: Prohibited unless specific conditions are met and proper notice given
EPPA generally prohibits private employers from using polygraphs, but allows them during ongoing investigations of economic loss if specific conditions (including written notice) are satisfied.
Question 4: Which legal concept holds a property owner liable for injuries sustained by visitors because a foreseeable criminal act occurred due to inadequate security?
- Contributory negligence
- Negligent security (premises liability) (Correct answer)
- Strict liability for ultrahazardous activities
- Comparative fault doctrine
Correct answer: Negligent security (premises liability)
Negligent security is a premises liability theory holding property owners liable when foreseeable criminal acts injure visitors and adequate security measures were not in place.
Question 5: Under Title III of the Omnibus Crime Control and Safe Streets Act, a security manager who unlawfully intercepts wire communications may face:
- Only civil liability up to $500
- Criminal penalties up to 5 years imprisonment and civil damages (Correct answer)
- Administrative fines from OSHA
- License revocation only
Correct answer: Criminal penalties up to 5 years imprisonment and civil damages
Title III (the federal wiretapping statute) imposes criminal penalties including up to 5 years in prison and provides for civil damages for unlawful interception of wire, oral, or electronic communications.
Question 6: A terminated employee claims that security personnel defamed them by telling other employees they were fired for theft. To succeed in a defamation claim, the employee must prove:
- The statements were made publicly
- A false statement of fact was made to a third party causing harm (Correct answer)
- The security officer had malicious intent only
- Loss of wages exceeding $10,000
Correct answer: A false statement of fact was made to a third party causing harm
Defamation requires proof that a false statement of fact was communicated to at least one third party, causing reputational harm; truth is an absolute defense.
Question 7: Which law grants employees the right to review their personnel files, which may be relevant when a security investigation leads to documentation in an employee's file?
- Freedom of Information Act (FOIA)
- State personnel records laws and some provisions of the Privacy Act (Correct answer)
- Sarbanes-Oxley whistleblower provisions
- National Labor Relations Act (NLRA)
Correct answer: State personnel records laws and some provisions of the Privacy Act
Personnel file access rights are primarily governed by state laws; the federal Privacy Act covers government employees, while private-sector rights vary by state statute.
CSM Legal Aspects of Security Management 2
Which federal statute prohibits employers from discriminating against job applicants based on their national origin, potentially affecting security background check practices?