PLC Employee & Workplace Privacy 2

Question 1

Biometric information collected from employees (such as fingerprints for timekeeping) is primarily regulated by:

Accepted Answer

State biometric privacy laws such as Illinois BIPA

Answer

Biometric data collection in the workplace is primarily regulated by state laws like Illinois' Biometric Information Privacy Act (BIPA), which requires written consent, a public retention policy, and limits on data sharing.

Question 2

Under the Genetic Information Nondiscrimination Act (GINA), employers are prohibited from:

Accepted Answer

Using genetic information in hiring, firing, or compensation decisions

Answer

GINA prohibits employers from using genetic information in employment decisions and restricts the acquisition of genetic information about employees or their family members.

Question 3

When an employee returns from FMLA leave, their medical certification and related health information must be:

Accepted Answer

Kept in a separate confidential medical file, apart from the general personnel file

Answer

FMLA regulations, consistent with ADA requirements, mandate that employee medical information be maintained in separate confidential files distinct from general personnel records.

Question 4

Before disciplining an employee based on social media activity discovered through employer monitoring, the employer must first:

Accepted Answer

Evaluate whether the activity constitutes protected concerted activity under the NLRA

Answer

Employers must evaluate whether social media activity involves protected concerted activity under the NLRA before taking disciplinary action, as doing so otherwise could be an unfair labor practice.

Question 5

Under the FCRA's 'adverse action' process, when an employer intends to deny employment based on a background check report, the employer must first:

Accepted Answer

Provide a pre-adverse action notice with a copy of the report and Summary of Consumer Rights

Answer

The FCRA requires a two-step adverse action process: a pre-adverse action notice with the consumer report and Summary of Rights, followed by a final adverse action notice after a reasonable waiting period.

PLC - Privacy Law Certification Practice Test

PLC - Privacy Law Certification Practice Test

PLC Employee & Workplace Privacy 2