WIC Confidentiality & Privacy in Workplace Investigations

Question 1

Which principle requires that only individuals with a legitimate need to know should have access to information gathered during a workplace investigation?

Accepted Answer

Need-to-know principle

Answer

Open disclosure

Answer

Transparency mandate

Answer

Universal access

Question 2

When a complainant requests that their identity be kept confidential during a workplace investigation, the investigator should:

Accepted Answer

Explain that absolute confidentiality cannot always be promised but steps will be taken to protect their identity

Answer

Guarantee complete anonymity in all circumstances

Answer

Refuse to proceed unless the complainant agrees to be identified

Answer

Share the identity only with HR and no one else

Question 3

Under the Health Insurance Portability and Accountability Act (HIPAA), what must a workplace investigator be cautious about when an investigation involves an employee's medical condition?

Accepted Answer

Requesting medical records directly from the employee's doctor without authorization

Answer

Documenting the nature of any illness in the investigation report

Answer

Interviewing the employee's supervisor about the condition

Answer

Using the medical condition to determine credibility

Question 4

Investigation files should be stored separately from an employee's general personnel file primarily to:

Accepted Answer

Prevent premature or unauthorized access and protect employee privacy

Answer

Reduce storage costs

Answer

Make audits easier to conduct

Answer

Comply with union contract requirements

Question 5

Which of the following best describes the concept of 'investigative privilege' in the context of workplace investigations?

Accepted Answer

Protection of investigation communications and documents from disclosure in litigation

Answer

The investigator's right to compel witness testimony

Answer

The right of the employer to conduct investigations without employee consent

Answer

Immunity granted to investigators for findings made in good faith

Question 6

An employee who was interviewed during a workplace investigation later requests a copy of their interview transcript. The investigator's best course of action is to:

Accepted Answer

Consult with legal counsel before releasing any investigation documents

Answer

Provide the full transcript immediately upon request

Answer

Deny the request outright to protect the investigation

Answer

Share only the portions of the transcript that mention the requesting employee

Question 7

When issuing confidentiality instructions to witnesses at the start of an interview, an investigator should be aware that blanket confidentiality orders may violate:

Accepted Answer

National Labor Relations Act Section 7 rights

Answer

The Americans with Disabilities Act

Answer

The Family and Medical Leave Act

Answer

Title VII of the Civil Rights Act