Employee & Workplace Privacy Flashcards

Which law primarily and comprehensively governs private-sector employee drug testing programs at the federal level in the United States?

Answer: No single federal law; programs are primarily governed by state law and employer policy

No single federal law comprehensively governs private-sector workplace drug testing; programs are primarily regulated by state laws, industry-specific regulations, and individual employer policies.

Under what circumstances may an employer have the strongest legal basis for accessing an employee's personal email account?

Answer: When accessed on company equipment and a written policy permits such access

When employees access personal email on company equipment and the employer has a clearly communicated written policy, the employer's access claim is strongest, though accessing truly personal accounts still typically requires legal process.

The legal concept of 'legitimate expectation of privacy' in the workplace is evaluated by:

Answer: Whether the expectation was both subjectively held and objectively reasonable given the work context

Courts analyze workplace privacy claims by determining whether the employee had a subjective expectation of privacy that society would recognize as objectively reasonable given the specific work environment and context.

If a background check reveals a job applicant's prior bankruptcy filing, and the employer uses it to deny employment, the employer must be aware that:

Answer: Such use may constitute unlawful discrimination if not job-related and consistent with business necessity

While bankruptcy is accessible under the FCRA, using it to deny employment may violate anti-discrimination principles if it creates disparate impact on protected classes without a job-related business justification.

Which of the following employee records is generally NOT subject to heightened confidentiality requirements under U.S. federal privacy law?

Answer: Performance review ratings shared through normal HR management processes

Performance review ratings shared within normal HR and management processes are not subject to the same heightened confidentiality protections that apply to medical, genetic, or workers' compensation information.

Employer wellness programs that require employees to complete health risk assessments or biometric screenings must comply with:

Answer: HIPAA, ADA, and GINA provisions, depending on the program's design

Employer wellness programs must navigate HIPAA privacy rules for health data, ADA restrictions on disability-related inquiries, and GINA limits on genetic information collection, depending on the program's structure.

When an employee is terminated, privacy best practices require the employer to:

Answer: Limit disclosure of termination reasons and follow data retention policies for personal information

Upon termination, employers should limit disclosure of termination reasons to reduce defamation exposure and follow established data retention and destruction policies to protect the former employee's personal information.