PLC Employee & Workplace Privacy 3

Question 1

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

Accepted Answer

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

Answer

The Drug-Free Workplace Act of 1988

Answer

The Occupational Safety and Health Act (OSHA)

Answer

The Employee Retirement Income Security Act (ERISA)

Question 2

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

Accepted Answer

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

Answer

Whenever the employee uses it for any work-related communication

Answer

Only with a valid court order or legal process in all circumstances

Answer

At any time the employer suspects workplace misconduct

Question 3

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

Accepted Answer

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

Answer

Whether the employee subjectively felt their activities were private

Answer

Whether the employer has an explicit written policy covering every monitored activity

Answer

Whether the employee signed a waiver of all privacy rights upon hiring

Question 4

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:

Accepted Answer

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

Answer

Bankruptcy is public record, so its use in employment decisions is always permissible

Answer

The FCRA automatically authorizes use of bankruptcy information for all employment decisions

Answer

A court order is required before accessing or using bankruptcy information

Question 5

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

Accepted Answer

Performance review ratings shared through normal HR management processes

Answer

Medical examination results obtained during employment

Answer

Genetic test results disclosed to an employer

Answer

Workers' compensation claim details and related medical information

Question 6

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

Accepted Answer

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

Answer

Only the Electronic Communications Privacy Act (ECPA)

Answer

Only applicable state privacy laws

Answer

Only FCRA disclosure and authorization requirements

Question 7

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

Accepted Answer

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

Answer

Immediately inform all coworkers of the specific reason for termination

Answer

Retain all employee personal data indefinitely to prepare for potential litigation

Answer

Transfer all employee records to a third-party vendor for indefinite storage