1
Q
What three areas do U.S. federal laws related to workplace privacy typically cover?
A
- Discrimination
- Drug screening
- Credit reports
2
Q
Does the U.S. Constitution apply to private-sector workplace privacy?
A
No
It only applies to federal and state government actions.
3
Q
What does the Fourth Amendment protect against in the workplace?
A
Unreasonable search and seizure, limiting searches of private areas like desks and lockers.
4
Q
What is ‘employment at will’?
A
An arrangement where employers can terminate employees freely, allowing broad control over workplace terms.
5
Q
How can unions influence workplace privacy?
A
Through collective bargaining contracts that include privacy provisions.
6
Q
How does defamation relate to workplace privacy?
A
Spreading false information, such as inaccurate drug test results or recommendations.
7
Q
What types of questions are restricted under laws regulating employee privacy?
A
- Questions about age
- Nationality
- Disability status
8
Q
What does COBRA require?
A
Health care continuation after employment termination under certain conditions.
9
Q
What is the purpose of ERISA?
(Employee Retirement Income Security Act)
A
Ensures fair administration of employee benefits programs.
10
Q
What does FMLA provide?
(Family and Medical Leave Act)
A
Unpaid leave for childbirth, illness, or family care.
11
Q
What does the Fair Labor Standards Act regulate?
(FLSA)
A
- Minimum wage
- Overtime
- Fair pay standards
12
Q
What is the purpose of OSHA?
A
Ensures workplace safety and health standards.
13
Q
What does the Whistleblower Protection Act protect?
A
Federal employees reporting illegal activities or safety violations.
14
Q
What does the National Labor Relations Act allow?
(NLRA)
A
Collective bargaining and protections for social media discussions.
15
Q
What is the Immigration Reform and Control Act?
(IRCA)
A
Law requiring verification of employment eligibility.
16
Q
What is the Securities Exchange Act of 1934 relevant to?
A
- Disclosure of senior executive pay
- Regulation of brokers and agents
17
Q
What is the mission of the U.S. Department of Labor?
A
- Improve welfare of workers, job seekers, and retirees
- Assure work-related rights and benefits
18
Q
Which laws does the Department of Labor enforce?
A
- FLSA
- OSHA
- ERISA
19
Q
What does the EEOC stand for?
A
Equal Employment Opportunity Commission
20
Q
What is the EEOC’s main responsibility?
A
Prevent workplace discrimination.
21
Q
Which laws does the EEOC enforce?
A
- Title VII of the Civil Rights Act (1964)
- Age Discrimination in Employment Act (ADEA, 1967)
- Americans with Disabilities Act (ADA) Titles I & V (1990)
22
Q
What does the NLRB do?
A
Administers the National Labor Relations Act
(NLRA)
23
Q
What issues do state-level Departments of Labor handle?
A
- Minimum wage
- Child labor
- Unemployment insurance
- Rehabilitation
- Worker safety
24
Q
What type of data does Human Resources handle?
A
- Medical
- Pay
- Leave requests
- Performance evaluations
25
Why is **record retention** important at end of employment?
To support possible **wrongful termination** cases.
26
What legal risk do **reference letters** pose?
Potential **defamation** lawsuits.
27
What is '**qualified privilege**' in the context of reference letters?
Legal protection for employers giving **truthful references**.
28
What **privacy issues** arise **before** employment?
* Background checks
* Consumer/credit reports
29
What types of **tests** may be used **during** employment?
* Polygraph
* Psychological
* Drug testing
30
How can employers **monitor employees** during work?
* Email
* Phone monitoring
* Social media usage
31
What is **BYOD** in the workplace?
* Bring Your Own Device
* Employees using personal devices for work
32
What should happen to resource access **after employment ends**?
**Termination** of facility and network access.
33
What **role** does HR play after employment ends?
Handles **offboarding** and **record management**.
34
Why do employers conduct **background screening**?
* National security
* ID verification
* Fit
* Legal compliance
* Liability mitigation
35
Name a **law** authorizing FBI database checks for **child protection**.
National Child Protection Act
36
What does Title VII of the Civil Rights Act **prohibit**?
**Discrimination** by race, color, religion, sex, national origin.
37
What does the **Equal Pay Act** address?
Pay gap based on **sex**.
38
What does the **Age Discrimination in Employment Act** protect?
People aged **40 and over**.
39
What does the **Pregnancy Discrimination Act** cover?
Pregnancy, childbirth, and related conditions.
40
What is the focus of the **Americans with Disabilities Act**?
Protects against discrimination **based on disability**.
41
What does Bankruptcy Act **provision 11 USC 525(b)** prevent?
Discrimination based on **prior bankruptcy**.
42
What **additional protections** might **state laws** include?
* Sexuality
* Marital status
* Interview conduct
43
What **employers** must follow ADA rules?
Employers with **more than 15 employees**.
44
When can a medical exam **be required** under the ADA?
**After a job offer**, if job-related and consistent with business necessity.
45
What must be done with **exam results** under the ADA?
Kept **confidential** and used only per the statute.
46
What is a '**reasonable accommodation**'?
Change to hiring, job, or environment **not causing undue burden or threat**.
47
What are employers generally **prohibited** from **asking** under the ADA?
About past injuries, illnesses, or if accommodation is needed.
48
Are **psychological tests** covered under the ADA?
Yes, if they are considered medical exams.
49
Does the ADA cover **substance abuse** rehabilitation?
No, but it covers questions about substance use history.
50
What did the **ADA Amendments Act** of 2008 do?
**Expanded ADA scope** and overturned two Supreme Court decisions.
51
Which **cases** were **overturned** by the ADA Amendments Act?
* Sutton v. United Air Lines
* Toyota v. Williams
52
What are 4 **permissible purposes** under FCRA?
* Employment screening
* Promotion
* Reassignment
* Retention
53
What **steps** must an employer take to obtain a **consumer report**?
* Written notice
* Written consent
* Use of qualified CRA
* Certify purpose
* Pre-adverse action notice
54
What is **ICRAA**?
Investigative Consumer Reporting Agencies Act
55
What must an **ICRAA disclosure** include?
* Purpose
* Content of report
* CRA info
* Website
56
How does ICRAA **differ** from FCRA on consent?
* **FCRA** allows reuse of original consent
* **ICRAA** requires new consent each time
57
What emerging **screening technologies** are employers using?
* Social media history analysis
* AI-based video interview tools
58
What does **FCA** stand for?
Fair Chance to Compete on Jobs Act
## Footnote
AKA: Fair Chance Act (FCA)
59
What does the FCA **restrict**?
Federal agencies and contractors **can't request criminal history** until **after** a job offer.
60
What is a '**Ban the Box**' law?
Law **preventing early-stage** criminal history inquiries in hiring.
61
How many **states and municipalities** have adopted 'Ban the Box' laws?
About **two-thirds** of states and **150+** municipalities.
62
What is social engineering in the **hiring context**?
Manipulating social interactions (e.g., friending candidates) to gather information.
63
How is **AI** used in candidate screening?
Analyzes **speech, gestures, and facial expressions** via video conferencing.
64
What is a **polygraph**?
A **lie detector** including voice analyzers and stress evaluators.
65
What does **EPPA** stand for?
Employee Polygraph Protection Act
66
What does the EPPA **prohibit**?
**Polygraph use** on employees, accepting results, and retaliation for refusal.
67
What are the **exceptions** to the EPPA?
* Government
* National security
* Controlled substance makers
* Defense contractors
* Reasonable suspicion
68
Why do employers **test for drugs**?
To reduce liability, healthcare costs, illegal activity, and maintain compliance.
69
What **positions** require federal drug testing?
* U.S. Customs
* Aviation
* Railroad
* Trucking
70
When is drug testing **permissible**?
* Pre-employment
* Reasonable suspicion
* Routine
* Post-accident
71
**Why** might employers **monitor the workplace**?
* Safety
* Security
* Trade secrets
* Copyright
* Quality
* Productivity
72
What is the **private sector's** expectation of privacy at work?
* Limited
* Employers can monitor property and communications
73
What are examples of **excessive monitoring**?
Monitoring in **private spaces** like locker rooms.
74
What workplace monitoring does **OSHA** support?
Monitoring for compliance, safety, and training.
75
**Where** is **video monitoring** typically **restricted**?
In restrooms or private areas.
## Footnote
Example: In places like California.
76
What do the Wiretap Act and ECPA **prohibit**?
**Intercepting** calls, video, oral, and email communications.
77
What are **exceptions** to communication interception under ECPA?
If **party to the call** or in the **ordinary course of business**.
78
**When** can employers access **stored communications**?
If access is **reasonable** and **work-related**.
79
What does the Illinois **BIPA** law require?
## Footnote
BIPA: Biometric Information Privacy Act
Notify and get consent for **biometric data collection**.
80
How does **Connecticut** regulate **employee tracking**?
Prohibits **without written notice**.
81
How does **California** regulate **employee tracking**?
Tracking without consent **may be a misdemeanor**.
82
What is **Consumerization of IT**?
| (COIT)
* Using personal tech for work
* Blurs personal/work boundaries
83
What are **risks** of **BYOD**?
* Cybersecurity
* Record retention
* Accountability issues
84
What **privacy measures** are important for **teleworking**?
* Authorization
* Authentication
* Network safety
* Patching
* Phishing training
* Data protection
85
What are **key principles** for investigating employee misconduct?
* Take seriously
* Treat fairly
* Follow policies
* Document
* Consider others' rights
86
What was the '**Vail Letter**' about?
* FTC said third-party investigators are CRAs
* Reports need notice and consent
87
Why was the **Vail Letter** controversial?
It **undermined undercover investigations** by requiring advance notice.
88
How did **FACTA** address the Vail Letter issue?
Amended FCRA to **allow certain investigations** without notice.
89
What are the **three conditions** for intentionally not providing notice in a **post-FACTA investigation**?
1. Suspected misconduct
2. Not about credit
3. Report given only to employer or official
CIPP-US
flashcards
Decks in class (12)
# Cards
-
Legal Foundations101
-
Technological Foundations112
-
Cybersecurity and Privacy Foundations126
-
GDPR, DOI, and Data Leaks84
-
FTC and COPPA47
-
Medical Privacy62
-
Credit Reporting Agencies and Financial Privacy76
-
FERPA and Telecommunications Privacy111
-
Government and Court Acces to Private-sector Information99
-
Workplace Privacy89
-
State Privacy Laws (Part 1)76
-
State Privacy Laws (Part 2)73
