WIC Confidentiality & Privacy in Workplace Investigations 2

Question 1

Which federal law most directly governs employer monitoring of employee electronic communications in the workplace?

Accepted Answer

The Electronic Communications Privacy Act (ECPA)

Answer

The Privacy Act of 1974

Answer

The Computer Fraud and Abuse Act

Answer

The Stored Communications Act alone

Question 2

An employer can generally monitor employee emails on company systems without violating privacy laws if:

Accepted Answer

Employees have been given prior notice of the monitoring policy and consented to it

Answer

The monitoring is conducted only by HR personnel

Answer

The emails involve suspected criminal activity

Answer

The monitoring occurs outside of working hours

Question 3

During a workplace investigation, an investigator discovers that an employee used a personal cell phone on company premises to document a workplace incident. What privacy consideration applies?

Accepted Answer

The employee retains a reasonable expectation of privacy in their personal device, requiring caution or a court order to compel access

Answer

The employer can seize the personal device because it contains work-related evidence

Answer

Personal devices used at work become company property for investigation purposes

Answer

The investigator may access the device if the employee's manager approves

Question 4

What is the primary purpose of a 'litigation hold' as it relates to confidentiality in workplace investigations?

Accepted Answer

To preserve documents and communications relevant to anticipated or pending litigation

Answer

To seal all investigation documents from internal review

Answer

To restrict witness communication with attorneys

Answer

To delay the investigation until litigation is resolved

Question 5

If a respondent in a workplace investigation asks to know the specific allegations made against them, the investigator should:

Accepted Answer

Provide sufficient detail about the allegations to allow the respondent to respond meaningfully, without necessarily revealing the complainant's identity

Answer

Refuse all disclosure to protect the complainant

Answer

Share the full complaint verbatim including all witness names

Answer

Only disclose allegations after the investigation is complete

Question 6

Which of the following is the most appropriate method for disposing of investigation records that are no longer needed?

Accepted Answer

Secure shredding or encrypted digital deletion per the organization's records retention policy

Answer

Placing them in the regular recycling bin

Answer

Archiving them in a shared network drive accessible to all managers

Answer

Returning all documents to the complainant and respondent

Question 7

In most states, what must an employer do before using a workplace surveillance system (e.g., video cameras) to gather evidence for an investigation?

Accepted Answer

Ensure employees have been notified of the surveillance policy, and that cameras are not in areas with a reasonable expectation of privacy

Answer

Notify the local law enforcement agency

Answer

Obtain a court order authorizing the surveillance

Answer

Have the surveillance reviewed by an outside auditor first