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Employee & Workplace Privacy Flashcards

7 cards from real PLC practice questions. Tap to flip, then mark Knew It or Still Learning โ€” missed cards come back until you master them.

Read the first 7 Employee & Workplace Privacy flashcards as text
  1. Under the Electronic Communications Privacy Act (ECPA), which exception allows employers to monitor employee communications on company-owned networks without employee consent?

    Answer: Provider exception

    The provider exception allows employers who own and operate the communication system to monitor its use without needing employee consent.

  2. The Employee Polygraph Protection Act (EPPA) generally prohibits private employers from:

    Answer: Requiring or requesting lie detector tests

    The EPPA prohibits most private employers from using lie detector tests for pre-employment screening or during employment, with limited exceptions for certain industries.

  3. Under the Americans with Disabilities Act (ADA), medical examinations of job applicants are permitted only:

    Answer: After a conditional job offer has been extended

    The ADA permits medical examinations only after a conditional job offer has been made, and pre-offer inquiries about disabilities are prohibited.

  4. The Fair Credit Reporting Act (FCRA) requires employers who use third-party agencies to conduct background checks to:

    Answer: Provide written disclosure and obtain written authorization from the applicant

    The FCRA requires employers to provide a standalone written disclosure and obtain written authorization before procuring a consumer report for employment purposes.

  5. Which of the following best describes employee data protections under state-level privacy laws such as the California Consumer Privacy Act (CCPA)?

    Answer: Employee data protections vary by state, employer size, and data type

    While the CCPA originally had a temporary employee exemption, amendments and state-specific variations mean employee data protections differ by jurisdiction, employer size, and category of data.

  6. The National Labor Relations Act (NLRA) protects employees' rights to discuss which of the following with coworkers?

    Answer: Wages, hours, and working conditions

    The NLRA protects concerted activity, including employees' rights to discuss wages, hours, and working conditions among themselves, and employer policies restricting such discussion may be unlawful.

  7. Employer workplace monitoring policies are most legally defensible when they:

    Answer: Are disclosed in writing and employees are notified before monitoring begins

    Transparent monitoring policies that are disclosed in writing and communicated to employees before implementation are most legally defensible and reduce exposure to privacy claims.