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

The need-to-know principle restricts access to investigation information to only those whose roles require it, protecting both parties and the integrity of the process.

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

Investigators must be honest that absolute confidentiality cannot always be guaranteed, particularly if discipline or legal proceedings require disclosure, while still committing to protecting the complainant's identity as much as possible.

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

HIPAA prohibits accessing protected health information from covered entities without proper authorization, so investigators must obtain appropriate releases before requesting medical records from healthcare providers.

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

Keeping investigation files separate from personnel files limits access to sensitive information and prevents it from improperly influencing unrelated employment decisions.

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

Investigative privilege (often arising from attorney-client or work product doctrines) can protect investigation materials from being compelled in legal proceedings, though its scope varies by jurisdiction.

WIC - Workplace Investigations Certification Practice Test

WIC - Workplace Investigations Certification Practice Test

WIC Confidentiality & Privacy in Workplace Investigations