PLC Employee & Workplace Privacy 2

Question 1

Biometric information collected from employees (such as fingerprints for timekeeping) is primarily regulated by:

Accepted Answer

State biometric privacy laws such as Illinois BIPA

Answer

The ECPA at the federal level

Answer

The ADA exclusively

Answer

The Genetic Information Nondiscrimination Act (GINA)

Question 2

Under the Genetic Information Nondiscrimination Act (GINA), employers are prohibited from:

Accepted Answer

Using genetic information in hiring, firing, or compensation decisions

Answer

Requiring genetic testing as part of standard pre-employment physicals

Answer

Offering voluntary wellness programs with health risk assessments

Answer

Conducting mandatory workplace drug and alcohol testing

Question 3

When an employee returns from FMLA leave, their medical certification and related health information must be:

Accepted Answer

Kept in a separate confidential medical file, apart from the general personnel file

Answer

Shared with the employee's direct supervisor to facilitate return-to-work planning

Answer

Disclosed to HR and senior management but not line supervisors

Answer

Retained in the general personnel file with role-based access controls

Question 4

Before disciplining an employee based on social media activity discovered through employer monitoring, the employer must first:

Accepted Answer

Evaluate whether the activity constitutes protected concerted activity under the NLRA

Answer

Publish the findings in an internal compliance report

Answer

Obtain a signed acknowledgment from the employee about the monitored activity

Answer

Report the findings to the Department of Labor within 30 days

Question 5

Under the FCRA's 'adverse action' process, when an employer intends to deny employment based on a background check report, the employer must first:

Accepted Answer

Provide a pre-adverse action notice with a copy of the report and Summary of Consumer Rights

Answer

Notify the applicant only after the final decision has been communicated

Answer

Obtain court approval before making the adverse employment decision

Answer

Report the adverse decision to the relevant state labor department

Question 6

GPS tracking installed on an employee-owned personal vehicle used for work is:

Accepted Answer

Generally impermissible without the employee's explicit consent

Answer

Always permissible once disclosed in a company vehicle policy

Answer

Regulated exclusively by federal transportation law

Answer

Unrestricted by privacy law during scheduled working hours

Question 7

Which privacy principle best describes the obligation to collect only the employee data strictly necessary for legitimate business purposes?

Accepted Answer

Data minimization

Answer

Purpose limitation

Answer

Storage limitation

Answer

Accountability