The key factors in determining the legality of an employment test are

| June 11, 2016

Question 1 of 20
The key factors in determining the legality of an employment test are:
A. job-relatedness and the point in the employment process at which the test is given.
B. privacy and job-relatedness.
C. privacy and the ability to challenge the results.
D. job-relatedness and the ability to challenge the results.

Question 2 of 20

To withstand a challenge that they unlawfully discriminate, employment tests must:
A. not be given except for safety sensitive positions.
B. not be given without the individual’s consent.
C. be related to the requirements of the job.
D. be given and scored by a source independent of the employer.

Question 3 of 20

The Employee Polygraph Protection Act applies:
A. to all private employers engaged in commerce with certain exceptions based on the type of business.
B. to government employers.
C. only to the pre-employment period.
D. only to the post-hire period.

Question 4 of 20

The Employee Polygraph Protection Act does not regulate:
A. voice stress analyzers.
B. voice exemplars evaluated by a voice stress analyzer.
C. pencil and paper honesty tests.
D. deceptographs.

Question 5 of 20

Under the Employee Polygraph Protection Act, polygraphs may by used: individual taking the polygraph. employee is involved in a theft of property or information.A. as long as the individual consents to the test in writing.
B. as long as the test is administered by a licensed examiner.
C. when the employer waives any right to discharge the
D. where the employer has a reasonable suspicion that an

Question 6 of 20

The key concern raised by the use of drug testing in employment is:
A. discrimination.
B. negligence in the process.
C. invasion of privacy.
D. the health of the individual tested.

Question 7 of 20

Suspicionless drug testing by a government employer can be justified by:
A. the protection of the government’s image.
B.cost savings from reduced absenteeism.
C. taking only urine samples and not blood samples.
D. important safety interests.

Question 8 of 20
Reasonable suspicion drug testing:
A. is governed by a less strict standard than random testing.
B. is governed by the same standard as random testing.
C. is governed by a more strict standard than random testing.
D. does not implicate privacy issues.

Question 9 of 20

The Drug-Free Workplace Act applies to:A. all employers.
B. government employers.
C. federal government contractors and recipients of federal grants.
D. employers in safety-sensitive industries.

Question 10 of 20

Non-governmental employers must respect privacy concerns in drug testing because the:
A. employees are covered by the United States Constitution and the Bill of Rights.
B. privacy concepts of the Constitution and the Bill of Rights have been extended to their employees by public policy decisions in court cases and the Privacy Act of 1974.
C. employees are covered by the Drug-Free Workplace Act.
D. employees are covered by Title VII of the Civil Rights Act.

Question 11 of 20

An employer’s need to know information about employees is:A. largely absolute in the private sector.
B. balanced against the employee’s right of privacy.
C. always trumped by the Fourth Amendment.
D. supported by the Freedom of Information Act.

Question 12 of 20

The Privacy Act of 1974 applies:A. to all employers, government and private.
B. only to private employers.
C. only to government employers.
D. only to federal government employers.

Question 13 of 20

In determining whether an employee’s right to privacy has been invaded by an employer, courts:
A. apply a balancing test factoring in the employer’s needs and the intrusion on the employee’s rights.
B. are concerned primarily with the amount of monetary harm to the employee.
C. focus primarily on the motives of the employer.
D. accept the employer’s assertion of a need to know at face value.

Question 14 of 20

Employee telephone and electronic communications in the workplace are protected from employer interception and disclosure by the:
A. Fair Credit Reporting Act.
B. Omnibus Crime Control and Safe Streets Act and the Electronic Communications Act.
C. Privacy Act.
D. Fair Labor Standards Act.

Question 15 of 20

The Fair Credit Reporting Act:A. has no application to the workplace.
B. prevents employers from conducting credit checks on employees and applicants.
C. requires notice to and consent by the individual before an employer can have a background check done by a consumer-reporting agency.
D. requires an applicant to provide information about their credit worthiness to employers, upon their request.

Question 16 of 20

Disclosure by an employer that an employee is HIV positive may give rise to a claim for:A. harassment.
B. invasion of privacy in the form of appropriation of a person’s name or likeness.
C. violation of the Civil Rights Act.
D. invasion of privacy in the form of publication of private facts.

Question 17 of 20
Spreading false rumors in a trade publication that a company’s products are defective may give rise to a claim for:A. breach of contract.
B. slander.
C. interference with business relations.
D. the Fair Credit Reporting Act.

Question 18 of 20

Conversion, embezzlement, and padded payroll are:A. crimes without a victim.
B. examples of interference with business relations.
C. types of breach of contract.
D. forms of employee theft.

Question 19 of 20
Office and desk searches are:
A. prohibited by the Fourth Amendment.
B. limited by reasonable expectations of privacy.
C. prohibited where the office and desk are locked.
D. limited only in government workplaces.

Question 20 of 20

Whistle blowers are protected by the Whistle-blower Protection Act from:
A. retaliation for reporting illegal activities.
B. having their identities disclosed.
C. financial losses resulting from reporting illegal activities.
D. retaliation for reporting on any government activities.

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