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Chapter 07
Ethical Decision Making: Technology and Privacy in the Workplace
True/False Questions
1. (p. 255) Privacy issues in the workplace raise ethical issues involving individual rights as well
as those involving deontological consequences.
FALSE
Privacy issues in the workplace raise ethical issues involving individual rights as well as those
involving utilitarian consequences.
AACSB: 2
BT: Knowledge
Difficulty: Easy
Learning Objective: 1
2. (p. 257) Limiting access of personal information on the basis of the relationship that one
shares with members of society is one way to preserve one's personal integrity.
TRUE
Limiting access of personal information to only those with whom one has a personal
relationship is one important way to preserve one's own personal integrity and individuality.
AACSB: 2
BT: Knowledge
Difficulty: Easy
Learning Objective: 1
7-1
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
3. (p. 257) The right to privacy, which is founded on a universal right to autonomy, is restricted
by a prevalent social contract in our culture.
TRUE
The right to privacy is founded in the individual's fundamental, universal right to autonomy,
in our right to make decisions about our personal existence without restriction. This right is
restricted by a social contract in our culture.
AACSB: 2, 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 1
4. (p. 258) The value of privacy to civilized society is as great as the value of hypernorms to
civilized existence.
TRUE
The value of privacy to civilized society is as great as the value of the various hypernorms to
civilized existence.
AACSB: 2
BT: Knowledge
Difficulty: Medium
Learning Objective: 2
7-2
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
5. (p. 259) The ‘invasion of privacy' claim is one that developed through case law called
"intrusion into seclusion."
TRUE
The "invasion of privacy" claim with which most people are familiar is one that developed
through case law called "intrusion into seclusion."
AACSB: 2
BT: Knowledge
Difficulty: Medium
Learning Objective: 3
7-3
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
6. (p. 260) Most recent court cases regarding monitoring seem to depend upon the aspect of the
worker's knowledge of possible monitoring through a notice.
TRUE
Most recent court decisions with regard to monitoring specifically seem to depend on whether
the worker had notice that the monitoring might occur.
AACSB: 2
BT: Knowledge
Difficulty: Medium
Learning Objective: 4
7. (p. 261) The European Union's Directive on Personal Data Protection doesn't prohibit E.U.
firms from transferring personal information to nonE.U. firms.
FALSE
The European Union's Directive on Personal Data Protection prohibits E.U. firms from
transferring personal information to a nonE.U. country unless that country maintains
"adequate protections" of its own; in other words, protections equivalent to those the directive
guarantees in E.U. countries.
AACSB: 2, 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 4
7-4
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
8. (p. 265) The instance of Google in the text has been essentially used to underline the
importance of speed in the changing technological world.
FALSE
The example is used to explain that trust is truly the crux of the issue with the introduction of
new technology.
AACSB: 2, 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 4
7-5
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
9. (p. 267) The most prevalent subject of monitoring is videotaping.
FALSE
The most prevalent subject of monitoring is Internet use monitoring (76 percent) followed by
email monitoring (55 percent) and videotaping (10 percent).
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 5
10. (p. 268) According to the text, the ethical validity of checking an employee's mail to ensure
that it is being used only for business purposes is still undecided on.
TRUE
Unfortunately, many of the ethical issues that arise in the area of managing information are
not readily visible. When we do not completely understand the technology, we might not
understand the ethical implications of our decisions.
AACSB: 2, 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 6
7-6
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
11. (p. 269) The ethical issues connected to employee monitoring is independent of the fact that
a knowledge gap exists between people who understand technology and those who do not.
FALSE
The ethical issues may be compounded by the fact that a knowledge gap exists between
people who do understand the technology and others who are unable to protect themselves
precisely because they do not understand.
AACSB: 2, 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 7
7-7
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
12. (p. 270) Managing their workplaces to place workers in appropriate positions is one reason
why employers choose to monitor the technology used.
TRUE
A firm chooses to monitor its employees and collect for numerous reasons. Employers need to
manage their workplaces to place workers in appropriate positions, to ensure compliance with
affirmative action requirements, or to administer workplace benefits.
AACSB: 2
BT: Knowledge
Difficulty: Easy
Learning Objective: 1
13. (p. 272) One of the problems associated with giving prior notice of monitoring is the
‘Hawthorne Effect'.
TRUE
By telling the worker which calls you are monitoring, your employees may be sure to be on
their best behavior during those calls. This effect of employer monitoring is termed the
"Hawthorne Effect".
AACSB: 2
BT: Knowledge
Difficulty: Hard
Learning Objective: 11
7-8
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
14. (p. 272) In the bigger picture, financial capital appears to minimize shareholder risk, promote
innovation, enhance reputation, and deepen brand loyalty.
FALSE
In the bigger picture, social capital appears to minimize shareholder risk, promote innovation,
enhance reputation and deepen brand loyalty."
AACSB: 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 11
7-9
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
15. (p. 274) Drug testing is one area in which employers have had a relatively recent history of
monitoring employees.
FALSE
Drug testing is one area in which employers have had a longer history of monitoring
employees.
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 12
16. (p. 257) Two general and connected understandings of privacy have been identified as a right
to be ‘let alone' within a personal space, and privacy as the
a. right to understand one's emotions.
b. fundamental duty of every citizen.
c. right to control information about others.
D. right to control information about oneself.
Two general and connected understandings of privacy can be found in the legal and
philosophical literature on this topic: privacy as a right to be "let alone" within a personal
zone of solitude, and privacy as the right to control information about oneself.
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 1
7-10
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
17. (p. 257) The right to privacy, founded in the individual's universal right to autonomy, is
restricted by a social contract in our culture which prevents us from infringing on someone
else's right to his or her personal autonomy. This is referred to as
a. obligatory independence.
b. fundamental privacy.
C. reciprocal obligation.
d. social autonomy.
Philosopher Patricia Werhane describes this boundary as a "reciprocal obligation"; that is, for
an individual to expect respect for her or his personal autonomy, that individual has a
reciprocal obligation to respect the autonomy of others.
AACSB: 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 2
18. (p. 258) Values that are fundamental across culture are called
a. moral freeness.
B. hypernorms.
c. global norms.
d. universalities.
Ethicists Thomas Donaldson and Thomas Dunfee have developed an approach to ethical
analysis that seeks to differentiate between those values that are fundamental across culture
and theory ("hypernorms") and those values that are determined within "moral free space" and
that are not hypernorms.
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 2
7-11
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
19. (p. 258) The _____ depend upon the existence and enforcement of a set of rules that define
who has a right to undertake which activities on their own initiative and how the returns from
those activities will be allocated.
A. private property right
b. privacy
c. legal system
d. government administration
Private property rights depend upon the existence and enforcement of a set of rules that define
who has a right to undertake which activities on their own initiative and how the returns from
those activities will be allocated.
AACSB: 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 2
20. (p. 259) Privacy can be protected by all of the following three ways except by
a. the constitution.
B. judicial opinions.
c. federal and/or state statutes.
d. common law.
Privacy can be legally protected in three ways: by the constitution (federal or state), by federal
and/or state statutes, and by the common law.
AACSB: 2, 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 3
7-12
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
21. (p. 259) The reason the Constitution's Fourth Amendment protection applies only to public
sector workplace is because
a. unions exist only in private sector organizations.
b. the private organization does not cater to appeals of unreasonable search or seizure.
C. the Constitution applies only to the state.
d. it is illegal by common law to trespass on private property.
The Constitution's Fourth Amendment protection against an unreasonable search and seizure
governs only the public sector workplace because the Constitution applies only to state action.
AACSB: 2, 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 3
22. (p. 259) Which among the following prohibits the "interception" or unauthorized access of
stored communications?
A. Electronic Communications Privacy Act of 1986.
b. Computer Security Act of 1987.
c. Privacy Act of 1974.
d. Computer Fraud and Abuse Act of 1986.
The Electronic Communications Privacy Act of 1986 (ECPA) prohibits the "interception" or
unauthorized access of stored communications.
Difficulty: Medium
7-13
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
23. (p. 259) The fact that it may no longer be reasonable to be offended by intrusions into one's
private life, that used to be considered unacceptable, is dealt under the category of
a. reverse obligation.
b. security of privacy.
C. intrusion into seclusion.
d. property rights.
The "invasion of privacy" claim with which most people are familiar is one that developed
through case law called "intrusion into seclusion." This legal violation occurs when someone
intentionally intrudes on the private affairs of another when the intrusion would be "highly
offensive to a reasonable person."
AACSB: 3
BT: Knowledge
Difficulty: Hard
Learning Objective: 3
24. (p. 260) If the basis for finding an invasion of privacy is often the employee's legitimate and
reasonable expectation of privacy, then a situation where there is no real expectation of
privacy occurs when
A. the employee has actual notice.
b. the employer is covered under the ECPA.
c. the work requires transference of sensitive data.
d. the employee belongs to a minority group.
Most recent court decisions with regard to monitoring specifically seem to depend on whether
the worker had notice that the monitoring might occur. Since the basis for finding an invasion
of privacy is often the employee's legitimate and reasonable expectation of privacy, if an
employee has actual notice, then there truly is no real expectation of privacy.
AACSB: 3
BT: Knowledge
Difficulty: Hard
Learning Objective: 4
7-14
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
25. (p. 260) Which among the following states is the only one that requires employers to notify
workers when they are being monitored?
a. Ohio
b. Illinois
c. Michigan
D. Connecticut
Only one state, Connecticut, requires employers to notify workers when they are being
monitored.
AACSB: 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 4
26. (p. 261) Why has the U.S. Department of Commerce negotiated a ‘Safe Harbor exception'?
A. U.S. needed to qualify as having adequate protection as per the EU directive on personal
data protection.
b. Because it's naval fleet is the best in the world.
c. U.S. wants to collaborate with EU's free market profits.
d. The law requires that all imports meet the Safe Harbor standards.
Because the United States would not qualify as having adequate protection, the U.S.
Department of Commerce negotiated a "Safe Harbor exception" for firms that maintain a
certain level of protection of information.
AACSB: 3
BT: Knowledge
Difficulty: Hard
Learning Objective: 4
7-15
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
27. (p. 264) New technology does not necessarily impact our _____, but instead simply provides
new ways to gather information on which to base them.
a. moral obligations
B. value judgments
c. responsibilities
d. ethical perspectives
New technology does not necessarily impact our value judgments but instead simply provides
new ways to gather the information on which to base them.
AACSB: 2
BT: Knowledge
Difficulty: Medium
Learning Objective: 2
28. (p. 265) If one's personal information on emails is respected as property, using the example
of Google, it can be said that
a. Google scans users' emails with their consent.
b. users are aware that personalized advertisements are possible only through scanning.
c. emails are not considered as property.
D. Google uses individual property rights without consent.
Google scans user email in order to target advertisements based on the contents. If one's
personal information is respected as property, Google uses individual property without
consent.
AACSB: 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 4
7-16
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
29. (p. 266) Keeping the example of Google provided in the text, it is understood that
notwithstanding even _____, people are simply not comfortable with an involuntary loss of
control over their personal decisions.
a. legal contexts
B. reasonable justification
c. creative needs
d. public consent
The lesson learned is that, notwithstanding even reasonable justification (which remains
arguable in this case), people are simply not comfortable with an involuntary loss of control
over these personal decisions.
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 4
30. (p. 266) According to Antonio Argandona, which of the following would include issues
relating to company secrets, espionage, and intelligence gathering?
a. Truthfulness and accuracy
b. Respect for property and safety rights
C. Respect for privacy
d. Accountability
Respect for privacy: The person receiving or accumulating information must take into account
the ethical limits of individuals' (and organizations') privacy. This would include issues
relating to company secrets, espionage, and intelligence gathering.
AACSB: 2, 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 4
7-17
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
31. (p. 269) According to the text, in general, technology allows us all of the following except
a. access to information that was never before possible.
b. to work from almost anywhere on this planet.
c. a facelessness that results from its usage.
D. to be careful with our communications.
Technology allows for access to information that was never before possible. Moreover,
because technology allows us to work from almost anywhere on this planet, we are seldom
out of the boundaries of our workplace. Another challenge posed by the new technology
accessible in the workplace is the facelessness that results from its use. We are more careless
with our communications because they are easier to conduct—just hit a button and they are
sent.
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 7
32. (p. 270) All of the following are methods of managing human resources through monitoring
except
a. to ensure compliance with affirmative action requirements.
B. to ensure the avoidance of reverse discrimination suits.
c. to prevent loss of productivity to inappropriate technology use.
d. to administer workplace benefits.
Employers need to manage their workplaces to place workers in appropriate positions, to
ensure compliance with affirmative action requirements, or to administer workplace benefits.
Monitoring also allows the manager to ensure effective, productive performance by
preventing the loss of productivity to inappropriate technology use.
AACSB: 2, 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 1
7-18
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
33. (p. 270 – 271) The idea that the definition of ‘should have known' expanding to include an
expectation of monitoring is attributed to businesses
a. protecting proprietary information and guarding against thefts.
b. protecting their investment in equipment and bandwidth.
C. protecting against legal liability.
d. administering workplace benefits.
A survey found employer respondents reporting that they engaged in monitoring as a result of
their concerns for legal liability. Without monitoring, how would businesses know what
occurs? If most firms use monitoring technology to uncover this wrongdoing, the definition of
"should have known" will begin to include an expectation of monitoring.
AACSB: 3
BT: Knowledge
Difficulty: Hard
Learning Objective: 1
34. (p. 271) On the topic of limiting monitoring for business reasons, the creation of a suspicious
and hostile work environment have been attributed to
A. reduction in employee autonomy and respect.
b. low levels of transparency within the organization.
c. lack of affirmative action within an organization.
d. legislature requirements.
Notwithstanding the persuasive justifications for monitoring in the workplace, employee
advocates suggest limitations on monitoring for several reasons. First, there is a concern that
monitoring may create a suspicious and hostile workplace. By reducing the level of worker
autonomy and respect, as well as workers' right to control their environment, the employer has
neglected to consider the key stakeholder critical to business success in many ways—the
worker.
AACSB: 2, 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 10
7-19
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
7-20
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
35. (p. 272) One of the drawbacks associated with prior intimation of monitoring to the
employees results in
A. the ‘Hawthorne Effect'.
b. the ‘Placebo Effect'.
c. the ‘Halo Effect'.
d. the ‘Experimenter Effects'.
"Hawthorne Effect": Workers are found to be more productive based on the psychological
stimulus of being singled out, which makes them feel more important. In other words, merely
knowing one is being studied might make one a better worker.
AACSB: 2, 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 11
36. (p. 272) A study done by the Center for Innovation in Management has ascertained that in
the bigger picture, _____ appears to minimize shareholder risk, enhance reputation, and
deepen brand loyalty.
a. empathy
b. monitoring
c. higher salaries
D. social capital
Ann Svendsen, director of the Center for Innovation in Management, Ann Svendsen, director
of the Center for Innovation in Management, studied the link between hightrust stakeholder
relationships and business value creation. It has been found that in the bigger picture, social
capital appears to minimize shareholder risk, promote innovation, enhance reputation and
deepen brand loyalty."
AACSB: 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 11
7-21
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
37. (p. 274) Identify one of the parameters that will contribute to greater acceptance and
approval of drug testing programs by workers.
a. a task force made up of employees only.
b. programs offering treatment that includes termination for firsttime offenders.
C. a completely random program.
d. programs that distinguish supervisors from employees.
In general, the following factors contribute to greater acceptance and approval by workers:
programs that use a task force made up of employees and their supervisors, a completely
random program, effective communication of procedures, programs that offer treatment other
than termination for firsttime offenders, and programs with no distinction between
supervisory and other workers.
AACSB: 3
BT: Knowledge
Difficulty: Hard
Learning Objective: 12
38. (p. 275) From a utilitarian perspective, individual rights to privacy may be outweighed by a
right to control information in the case where
A. public safety is at risk.
b. it is a very high paying job.
c. the proposed benefit to the employer is high.
d. productivity of employees directly depends on the number of hours they put in.
Where public safety is at risk, there is arguably a compelling public interest claim from a
utilitarian perspective that may be sufficiently persuasive to outweigh any one individual's
right to privacy or right to control information about oneself.
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 12
7-22
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
39. (p. 277) One sector that uses genetic information as a form of monitoring includes
a. finance sector.
b. automotive sector.
c. manufacturing sector.
D. insurance sector.
Using genetic information is not unheard of—insurance companies, for example, already
inquire about diseases in family history.
AACSB: 2, 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 13
40. (p. 280) Most statutes or common law decisions, provide for employer defenses for all of the
following except
a. those rules that are reasonable and rationally related to the employment activities of a
particular employee.
B. those rules that are treats one group differently from another considering lifestyle practices.
c. those rules that are necessary to avoid a conflict of interest or the appearance of conflict of
interest.
d. those rules that constitute a ‘bona fide occupational requirement'.
Most statutes or common law decisions, however, provide for employer defenses for those
rules that (a) are reasonably and rationally related to the employment activities of a particular
employee, (b) constitute a "bona fide occupational requirement," meaning a rule that is
reasonably related to that particular position, or (c) are necessary to avoid a conflict of interest
or the appearance of conflict of interest.
AACSB: 2, 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 14
7-23
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
41. (p. 258) Values that are determined within ‘moral free space' are not referred to as _____.
hypernorms
One approach to ethical analysis seeks to differentiate between those values that are
fundamental across culture and theory ("hypernorms") and those values that are determined
within "moral free space" and that are not hypernorms.
AACSB: 3
BT: Knowledge
Difficulty: Hard
Learning Objective: 2
42. (p. 259) _____ provides for the fact that ‘interception' applies only to messages in transit and
not messages that have actually reached company computers.
Electronic Communications Privacy Act of 1986 (ECPA)
Statutes also offer little, if any, protection from workplace intrusions. The Electronic
Communications Privacy Act of 1986 (ECPA) prohibits the "interception" or unauthorized
access of stored communications. However, courts have ruled that "interception" applies only
to messages in transit and not to messages that have actually reached company computers.
AACSB: 2, 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 3
7-24
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
43. (p. 259) The ‘invasion of privacy' claim with which most people are familiar is one that
developed through case law called "_____".
intrusion into seclusion
The "invasion of privacy" claim with which most people are familiar is one that developed
through case law called "intrusion into seclusion."
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 3
44. (p. 261) The U.S. Department of Commerce has negotiated a _____ with the European
Union.
Safe Harbor exception
Because the United States would not qualify as having adequate protection, the U.S.
Department of Commerce negotiated a "Safe Harbor exception" for firms that maintain a
certain level of protection of information.
AACSB: 2
BT: Knowledge
Difficulty: Easy
Learning Objective: 4
7-25
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
45. (p. 267) The most prevalent forms of monitoring is the _____, followed by _____.
Internet use monitoring, email monitoring
The most prevalent subject of monitoring is Internet use monitoring (76 percent) followed by
email monitoring (55 percent) and videotaping (10 percent).
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 5
7-26
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
46. (p. 268) More that eighty percent of mid to largesized firms in the United States have
_____policies.
Internet access
More than 80 percent of mid to largesized firms in the United States have Internet access
policies.
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 6
47. (p. 269) The ability to ignore the impact of one's communication using technology at the
workplace is a direct result of the _____ it offers.
facelessness
Another challenge posed by the new technology accessible in the workplace is the
facelessness that results from its use. When we don't get to know someone because we don't
have to see that person in order to do our business, we often don't take into account the impact
of our decisions on him or her.
AACSB: 2
BT: Knowledge
Difficulty: Medium
Learning Objective: 7
7-27
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
48. (p. 270) The desire to place workers in appropriate positions or to administer workplace
benefits is sufficient reason for employers to undertake _____.
monitoring
Monitoring allows the manager to ensure effective, productive performance by preventing the
loss of productivity to inappropriate technology use.
AACSB: 2
BT: Knowledge
Difficulty: Medium
Learning Objective: 1
7-28
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
49. (p. 271) One of the associated health risks with monitoring is the development of _____ in
employees.
carpal tunnel syndrome
Monitoring may arguably constrain effective performance since it can cause increased stress
and pressure, negatively impacting performance and having the potential to cause physical
disorders such as carpal tunnel syndrome.
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 10
50. (p. 274) _____ is one area in which employers has had a longer history of monitoring
employees.
Drug testing
Drug testing is one area in which employers have had a longer history of monitoring
employees.
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 12
7-29
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
51. (p. 276) _____ stipulates that employers cannot use "protected health information" in making
employment decisions without prior consent.
Health Insurance Portability and Accountability Act (HIPAA)
HIPAA stipulates that employers cannot use "protected health information" in making
employment decisions without prior consent.
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 13
7-30
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
52. (p. 277) Insurance companies are most likely to use _____ as a type of monitoring.
genetic information
Using genetic information is not unheard of—insurance companies, for example, already
inquire about diseases in family history.
AACSB: 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 13
53. (p. 277) New York's _____ statute prohibits employment decisions or actions based on four
categories of offduty activity.
lifestyle discrimination
New York's lifestyle discrimination statute prohibits employment decisions or actions based
on four categories of offduty activity: legal recreational activities, consumption of legal
products, political activities, and membership in a union.
AACSB: 2
BT: Knowledge
Difficulty: Hard
Learning Objective: 14
7-31
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
54. (p. 280) The most public and publicized modifications in the field of informationgathering,
and surveillance is the adoption, and implementation of the _____ Act.
USA PATRIOT
The most public and publicized of these modifications was the adoption and implementation
of the Uniting and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001.
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 14
7-32
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
55. (p. 280) The USA PATRIOT Act of 2001 has resulted in the amendment of the _____.
Electronic Communications Privacy Act
The USA PATRIOT Act expanded states' rights with regard to Internet surveillance
technology, including workplace surveillance, and amended the Electronic Communications
Privacy Act.
AACSB: 3
BT: Knowledge
Difficulty: Hard
Learning Objective: 14
Essay Questions
7-33
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
56. (p. 255 – 256) How do privacy issues at the workplace raise ethical issues involving individual
rights as well as those involving utilitarian consequences?
Workplace privacy issues evoke an inherent conflict between what some may consider to be a
fundamental right of the employer to protect its interests and the similarly grounded right of
the employee to be free from wrongful intrusions into her or his personal affairs. This conflict
can arise in the workplace environment through the regulation of personal activities or
personal choices, or through various forms of monitoring. Some forms of monitoring, such as
drug testing, may occur after a job offer has been made but even before the individual begins
working. Other forms might also occur once the individual begins to work, such as electronic
surveillance of email.
Similarly, contrasting utilitarian arguments can be offered on the ethics of monitoring
employees. The employer can argue that the only way to manage the workplace effectively
and efficiently is to maintain knowledge about and control over all that takes place within it.
The employee can simultaneously contend that she or he will be most productive in a
supportive environment based on trust, respect, and autonomy. In any case, the question of
balance remains—whose rights should prevail or which consequences take precedent?
AACSB: 2, 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 1
7-34
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
57. (p. 257) Define privacy. Summarize how the definition gives rise to two opposing streams of
thought about rights?
Two general and connected understandings of privacy can be found in the legal and
philosophical literature on this topic: privacy as a right to be "let alone" within a personal
zone of solitude, and privacy as the right to control information about oneself. It is valuable to
consider the connection between these two senses of privacy. Certain decisions that we make
about how we live our lives, as well as the control of personal information, play a crucial role
in defining our own personal identity. Privacy is important because it serves to establish the
boundary between individuals and thereby serves to define one's individuality. To the degree
that we value the inherent dignity of each individual and the right of each person to be treated
with respect, we must recognize that certain personal decisions and information is rightfully
the exclusive domain of the individual.
Many people believe that a right to be let alone is much too broad to be recognized as a moral
right. This has led some people to conclude that a better understanding focuses on privacy as
involving the control of personal information. From this perspective, the clearest case of an
invasion of privacy occurs when others come to know personal information about us, as when
a stranger reads your email or eavesdrops on a personal conversation. Yet, the claim that a
right of privacy implies a right to control all personal information might also be too broad.
Surely, there are many occasions when others, particularly within an employment context, can
legitimately know or need to know even quite personal information about us.
AACSB: 3
BT: Comprehension
Difficulty: Hard
Learning Objective: 2
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
58. (p. 258) Explain the concept of hypernorms, and moral free space.
Ethicists Thomas Donaldson and Thomas Dunfee have developed an approach to ethical
analysis that seeks to differentiate between those values that are fundamental across culture
and theory ("hypernorms") and those values that are determined within "moral free space" and
that are not hypernorms. Donaldson and Dunfee propose that we look to the convergence of
religious, cultural, and philosophical beliefs around certain core principles as a clue to the
identification of hypernorms. Donaldson and Dunfee include as examples of hypernorms
freedom of speech, the right to personal freedom, the right to physical movement, and
informed consent.
Individual privacy is at the core of many of these basic minimal rights and is, in fact, a
necessary prerequisite to many of them. Accordingly, the value of privacy to civilized society
is as great as the value of the various hypernorms to civilized existence. Ultimately, the failure
to protect privacy may lead to an inability to protect personal freedom and autonomy.
AACSB: 2, 3
BT: Knowledge
Difficulty: Medium
Learning Objective: 2
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
59. (p. 259) Explain how privacy can be legally protected. Summarize the Electronic
Communications Privacy Act of 1986 (ECPA). Discuss the "intrusion into seclusion"
concept.
Privacy can be legally protected in three ways: by the constitution (federal or state), by federal
and/or state statutes, and by the common law. Common law refers to the body of law
comprised of the decisions handed down by courts, rather than specified in any particular
statutes or regulations. Statutes also offer little, if any, protection from workplace intrusions.
The Electronic Communications Privacy Act of 1986 (ECPA) prohibits the "interception" or
unauthorized access of stored communications. However, courts have ruled that
"interception" applies only to messages in transit and not to messages that have actually
reached company computers. Therefore, the impact of the EPCA is to punish electronic
monitoring only by third parties and not by employers. Moreover, the ECPA allows
interception where consent has been granted. Therefore, a firm that secures employee consent
to monitoring at the time of hire is immune from ECPA liability.
The "invasion of privacy" claim with which most people are familiar is one that developed
through case law called "intrusion into seclusion." This legal violation occurs when someone
intentionally intrudes on the private affairs of another when the intrusion would be "highly
offensive to a reasonable person." As we begin to live more closely with technology, and the
intrusions it allows, we begin to accept more and more intrusions in our lives as reasonable; as
privacy invasions become more common, they begin to be closer to what is normal and
expected. It may no longer be reasonable to be offended by intrusions into one's private life
that used to be considered unacceptable.
AACSB: 2, 3
BT: Comprehension
Difficulty: Hard
Learning Objective: 3
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
60. (p. 266) Summarize what economist Antonio Argandona says about information and data in
the age of technology, and the moral requirements associated with that information.
Economist Antonio Argandona contends that, if new technology is dependent on and has as
its substance information and data, significant moral requirements should be imposed on that
information. He suggests the following as necessary elements:
Truthfulness and accuracy: The person providing the information must ensure that it is
truthful and accurate, at least to a reasonable degree.
Respect for privacy: The person receiving or accumulating information must take into account
the ethical limits of individuals' (and organizations') privacy. This would include issues
relating to company secrets, espionage, and intelligence gathering.
Respect for property and safety rights: Areas of potential vulnerability, including network
security, sabotage, theft of information and impersonation, are enhanced and must therefore
be protected.
Accountability: Technology allows for greater anonymity and distance, requiring a concurrent
increased exigency for personal responsibility and accountability.
AACSB: 3
BT: Comprehension
Difficulty: Medium
Learning Objective: 4
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
61. (p. 270 – 271) Why do firms monitor technology usage?
A firm chooses to monitor its employees and collect the information discussed above for
numerous reasons. Employers need to manage their workplaces to place workers in
appropriate positions, to ensure compliance with affirmative action requirements, or to
administer workplace benefits. Monitoring also allows the manager to ensure effective,
productive performance by preventing the loss of productivity to inappropriate technology
use. Research evidences a rise in personal use of technology, with 86 percent of employees
admitting sending or receiving personal emails at work and 55.1 percent admitting to having
received politically incorrect or offensive emails at work. Among employers, 62 percent of
firms find employees accessing sex sites during the workday. In fact, 10 percent of employees
spend more than half the workday on email or surfing nonbusiness sites.
Beyond the management of its human resources, monitoring offers an employer a method by
which to protect its others resources. Employers use monitoring to protect proprietary
information and to guard against theft, to protect their investment in equipment and
bandwidth, and to protect against legal liability (more than 20 percent of firms have been
ordered to produce employee email in legal proceedings as of 2005).
In one survey, employer respondents reported that they engaged in monitoring as a result of
their concerns for legal liability. Given the courts' focus in many cases on employer response
to claims of sexual harassment or unethical behavior, among other complaints, firms believe
they need a way to uncover these inappropriate activities. Onefourth of the largest firms
reported firing employees for inappropriate email. Moreover, as courts maintain the standard
in many cases of whether the employer "knew or should have known" of wrongdoing, the
stateoftheart definition of "should have known" becomes all the more vital.
AACSB: 3
BT: Comprehension
Difficulty: Hard
Learning Objective: 1
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
62. (p. 271) Outline the business reasons to limiting monitoring.
First, there is a concern that monitoring may create a suspicious and hostile workplace. By
reducing the level of worker autonomy and respect, as well as workers' right to control their
environment, the employer has neglected to consider the key stakeholder critical to business
success in many ways—the worker. Another concern demonstrates the problem. Monitoring
may arguably constrain effective performance since it can cause increased stress and pressure,
negatively impacting performance and having the potential to cause physical disorders such as
carpal tunnel syndrome.
One study found monitored workers suffered more depression, extreme anxiety, severe
fatigue or exhaustion, strain injuries, and neck problems than unmonitored workers. Stress
might also result from a situation where workers do not have the opportunity to review and
correct misinformation in the data collected. These elements will lead not only to an unhappy,
disgruntled worker who perhaps will seek alternative employment but also to lower
productivity and performance that will lead to higher costs and fewer returns to the employer.
Finally, employees claim that monitoring is an inherent invasion of privacy that violates their
fundamental human right to privacy.
AACSB: 2, 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 10
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
63. (p. 272) Outline how the rights between employers and employees can be balanced in order
to be most productive.
Consider whether monitoring could be made ethical or humane. One suggestion is to give due
notice to employees that they will be monitored, plus the opportunity to avoid monitoring in
certain situations. For instance, if an employer chooses to monitor random phone calls of its
customer service representatives, it could notify the workers that certain calls may be
monitored and these calls would be signified by a "beep" on the line during the monitoring. In
addition, if workers make a personal call, they may use a nonmonitored phone to avoid a
wrongful invasion of privacy.
However, such an approach may not solve all the concerns about monitoring. Suppose you are
the employer and you want to make sure your service representatives handle calls in a patient,
tolerant, and affable manner. By telling the worker which calls you are monitoring, your
employees may be sure to be on their best behavior during those calls the Hawthorne Effect.
Perhaps the most effective means to achieve monitoring objectives while remaining sensitive
to the concerns of employees is to strive towards a balance that respects individual dignity
while also holding individuals accountable for their particular roles in the organization. Ann
Svendsen, director of the Center for Innovation in Management, studied the link between
hightrust stakeholder relationships and business value creation. Svendsen concludes that
"trust, a cooperative spirit and shared understanding between a company and its stakeholders,
creates greater coherence of action, better knowledge sharing, lower transaction costs, lower
turnover rates and organizational stability. In the bigger picture, social capital appears to
minimize shareholder risk, promote innovation, enhance reputation and deepen brand
loyalty."
AACSB: 2, 3
BT: Comprehension
Difficulty: Hard
Learning Objective: 11
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
64. (p. 274 – 275) Discuss the nuances associated with drug testing, and outline the various
arguments for and against it.
Drug testing is one area in which employers have had a longer history of monitoring
employees. The employer has a strong argument in favor of drug or other substance testing
based on the law. Since the employer is often responsible for legal violations its employees
committed in the course of their job, the employer's interest in retaining control over every
aspect of the work environment increases. On the other hand, employees may argue that their
drug usage is only relevant if it impacts their job performance. Until it does, the employer
should have no basis for testing. In a study examining the attitudes of college students to drug
testing programs, researchers found that "virtually all aspects of drug testing programs are
strongly accepted by some individuals and strongly rejected by others." Not surprisingly, the
only variable that the researchers found indicative of a student's attitude was whether the
student had ever used drugs in the past. Where a student had never used drugs, she or he was
more likely to find drug testing programs acceptable.
In general, the following factors contribute to greater acceptance and approval by workers:
programs that use a task force made up of employees and their supervisors, a completely
random program, effective communication of procedures, programs that offer treatment other
than termination for firsttime offenders, and programs with no distinction between
supervisory and other workers.
Where public safety is at risk, there is arguably a compelling public interest claim from a
utilitarian perspective that may be sufficiently persuasive to outweigh any one individual's
right to privacy or right to control information about oneself. However, what about jobs in
which public safety is not at risk? Should a utilitarian viewpoint govern or should
deontological principles take priority? Should we consider a distributive justice perspective
and the fairest result—does distributive justice apply under these circumstances?
AACSB: 2, 3
BT: Comprehension
Difficulty: Hard
Learning Objective: 12
7-42
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
65. (p. 276 – 277) Describe HIPAA. Discuss the use of genetic information as a form of
monitoring.
Employers are limited in their collection of information through other various forms of
testing, such as polygraphs or medical tests. Employers are constrained by a business
necessity and relatedness standard or, in the case of polygraphs, by a requirement of
reasonable suspicion. With regard to medical information specifically, employers' decisions
are not only governed by the Americans with Disabilities Act but also restricted by the Health
Insurance Portability and Accountability Act (HIPAA). HIPAA stipulates that employers
cannot use "protected health information" in making employment decisions without prior
consent. Protected health information includes all medical records or other individually
identifiable health information.
In recent years polygraph and drug testing, physical and electronic surveillance, thirdparty
background checks, and psychological testing have all been used as means to gain
information about employees. More recently, electronic monitoring and surveillance are
increasingly being used in the workplace. One area that is sure to provide new questions about
privacy is genetic testing. Genetic testing and screening, of both employees and consumers, is
another new technology that will offer businesses a wealth of information about potential
employees and customers. Though Executive Order 13145, signed by thenPresident Clinton,
prohibits discrimination in employment based on genetic information, this order applies only
to the federal workplaces. Similar restraint in the private sector is represented both by certain
individual state restrictions on the use of genetic information and by voluntary corporate
efforts. Because of the significant costs associated with sequencing a person's DNA, few
companies currently use genetic information for these purposes, but the potential remains,
nonetheless. Using genetic information is not unheard of—insurance companies, for example,
already inquire about diseases in family history. Since some diseases are more prevalent
among certain groups, genetic discrimination is a risk that has not yet been resolved. On the
other hand, with increased knowledge comes the possibility of preventing the onset or further
development of a disease, or the opportunity of placing employees in a position more
appropriate for their physical wellbeing, thus creating extraordinary value.
The balance between the value in information, employees' right to privacy, and the risk of
information sharing remains the unsettled issue.
AACSB: 3
BT: Comprehension
Difficulty: Hard
Learning Objective: 13
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
66. (p. 277 – 283) Briefly discuss the regulation of workers activities offwork. On what rules do
most statutes or common law decisions provide employer defenses? Briefly discuss the
implications of the USA PATRIOT Act of 2001.
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
Employers of atwill employees must comply with a variety of statutes in imposing
requirements and managing employees. For instance, New York's lifestyle discrimination
statute prohibits employment decisions or actions based on four categories of offduty
activity: legal recreational activities, consumption of legal products, political activities, and
membership in a union. Across the nation, there are other less broad protections for offwork
acts. Most statutes or common law decisions, however, provide for employer defenses for
those rules that (a) are reasonably and rationally related to the employment activities of a
particular employee, (b) constitute a "bona fide occupational requirement," meaning a rule
that is reasonably related to that particular position, or (c) are necessary to avoid a conflict of
interest or the appearance of conflict of interest.
The federal government has implemented widespread modifications to its patchwork structure
of privacy protections since the terror attacks of September 11, 2001. In particular, proposals
for the expansion of surveillance and informationgathering authority were submitted and,
many were enacted. The most public and publicized of these modifications was the adoption
and implementation of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001. The USA
PATRIOT Act expanded states' rights with regard to Internet surveillance technology,
including workplace surveillance, and amended the Electronic Communications Privacy Act.
The act also grants access to sensitive data with only a court order rather than a judicial
warrant and imposes or enhances civil and criminal penalties for knowingly or intentionally
aiding terrorists. In addition, the new disclosure regime increased the sharing of personal
information between government agencies in order to ensure the greatest level of protection.
These provisions allow the government to monitor anyone on the Internet simply by
contending that the information is relevant" to an ongoing criminal investigation. In addition,
the act includes provisions designed to combat money laundering activity or the funding of
terrorist or criminal activity through corporate activity or otherwise. All financial institutions
must now report suspicious activities in financial transactions and keep records of foreign
national employees, while also complying with antidiscrimination laws.
While the Patriot Act has implications for all citizens, it also has direct implications for
business since it relies on employers for information gathering, among other requests.
Employers have three choices in terms of their response to a governmental request for
information. They may opt to voluntarily cooperate with law enforcement by providing
confidential employee or customer information upon request and as part of an ongoing
investigation. They may instead choose to cooperate by asking for permission to seek
employee authorization to release the requested information. Or, finally, they may request to
receive a subpoena, search warrant, or FISA order from the federal agency before disclosing
an employee's confidential information.
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
AACSB: 2, 3
BT: Comprehension
Difficulty: Hard
Learning Objective: 14
7-47
Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
67. (p. 257) Why is privacy important?
Certain decisions that we make about how we live our lives, as well as the control of personal
information, play a crucial role in defining our own personal identity. Privacy is important
because it serves to establish the boundary between individuals and thereby serves to define
one's individuality. The right to control certain extremely personal decisions and information
helps determine the kind of person we are and the person we become.
AACSB: 2
BT: Knowledge
Difficulty: Easy
Learning Objective: 1
68. (p. 257) Describe "reciprocal obligation" as an ethical source of the right to privacy.
The right to privacy is founded in the individual's fundamental, universal right to autonomy,
in our right to make decisions about our personal existence without restriction. This right is
restricted by a social contract in our culture that prevents us from infringing on someone else's
right to her or his personal autonomy. Philosopher Patricia Werhane describes this boundary
as a "reciprocal obligation"; that is, for an individual to expect respect for her or his personal
autonomy, that individual has a reciprocal obligation to respect the autonomy of others.
AACSB: 2, 3
BT: Comprehension
Difficulty: Hard
Learning Objective: 2
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
69. (p. 258) Explain the ethical source of privacy using the perspective of property rights.
"Property" is an individual's life and all nonprocreative derivatives of her or his life.
Derivatives may include thoughts and ideas, as well as personal information. The concept of
property rights involves a determination of who maintains control over tangibles and
intangibles, including, therefore, personal information. Property rights relating to personal
information thus define actions that individuals can take in relation to other individuals
regarding their personal information. If one individual has a right to her or his personal
information, someone else has a commensurate duty to observe that right.
AACSB: 3
BT: Comprehension
Difficulty: Hard
Learning Objective: 2
70. (p. 259) Outline the three ways privacy can be legally protected. Expand upon the
Constitution's Fourth Amendment protection.
Privacy can be legally protected in three ways: by the constitution (federal or state), by federal
and/or state statutes, and by the common law. Common law refers to the body of law
comprised of the decisions handed down by courts, rather than specified in any particular
statutes or regulations.
The Constitution's Fourth Amendment protection against an unreasonable search and seizure
governs only the public sector workplace because the Constitution applies only to state action.
Therefore, unless the employer is the government or other representative of the state, the
Constitution generally will not apply.
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 3
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
71. (p. 260) Explain the implications of giving ‘notice' about monitoring.
Most recent court decisions with regard to monitoring specifically seem to depend on whether
the worker had notice that the monitoring might occur. Since the basis for finding an invasion
of privacy is often the employee's legitimate and reasonable expectation of privacy, if an
employee has actual notice, then there truly is no real expectation of privacy. Evidence of the
impact of a court decision on the case of Smyth v. Pillsbury decision, is the fact that only one
state, Connecticut, requires employers to notify workers when they are being monitored.
AACSB: 3
BT: Comprehension
Difficulty: Easy
Learning Objective: 4
72. (p. 263) Summarize when an employee's privacy rights are violated.
Employee privacy is violated whenever (a) employers infringe upon personal decisions that
are not relevant to the employment contract (whether the contract is implied or explicit); or
(b) personal information that is not relevant to that contract is collected, stored, or used
without the informed consent of the employee. Further, since consent plays a pivotal role in
this understanding, the burden of proof rests with the employer to establish the relevancy of
personal decisions and information at issue.
AACSB: 2, 3
BT: Comprehension
Difficulty: Easy
Learning Objective: 2
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
73. (p. 269) Briefly outline the benefits of technology as stated in the text.
Technology allows for access to information that was never before possible. Access can take
place unintentionally, as well. Moreover, because technology allows us to work from almost
anywhere on this planet, we are seldom out of the boundaries of our workplace. Continuous
accessibility blurs the lines between our personal and professional lives. Another challenge
posed by the new technology accessible in the workplace is the facelessness that results from
its use. If we have to face someone as we make our decisions, we are more likely to care
about the impact of that decision on that person. Conversely, when we don't get to know
someone because we don't have to see that person in order to do our business, we often don't
take into account the impact of our decisions on him or her.
AACSB: 2, 3
BT: Comprehension
Difficulty: Easy
Learning Objective: 10
74. (p. 272 – 273) Briefly outline the parameters to keep in mind when developing a monitoring
program according to the mission of the organization.
The parameters include: no monitoring in private areas (e.g., restrooms); monitoring limited
to within the workplace; employees should have access to information gathered through
monitoring; no secret monitoring—advance notice required; monitoring should only result in
attaining some business interest; employer may only collect jobrelated information;
agreement regarding disclosure of information gained through monitoring; and prohibition of
discrimination by employers based on offwork activities.
AACSB: 3
BT: Knowledge
Difficulty: Easy
Learning Objective: 11
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Chapter 07 - Ethical Decision Making: Technology and Privacy in the Workplace
75. (p. 279) Discuss the facts as pertaining to laws against discrimination based on marital
status.
Laws that protect against discrimination based on marital status exist in just under half of the
states. However, though workers might be protected based on marital status, they are not
necessarily protected against adverse action based on the identity of the person they married.
For instance, some companies might have an antinepotism policy under which an employer
refuses to hire or terminates a worker on the basis of the spouse's working at the same firm, or
a conflictofinterest policy under which the employer refuses to hire or terminates a worker
whose spouse works at a competing firm.
AACSB: 2, 3
BT: Comprehension
Difficulty: Easy
Learning Objective: 14
76. (p. 283) Explain the implications of the USA PATRIOT Act on businesses.
The law has direct implications for business since it relies on employers for information
gathering, among other requests. Employers have three choices in terms of their response to a
governmental request for information. They may opt to voluntarily cooperate with law
enforcement by providing confidential employee or customer information upon request and as
part of an ongoing investigation. They may instead choose to cooperate by asking for
permission to seek employee authorization to release the requested information. Or, finally,
they may request to receive a subpoena, search warrant, or FISA order from the federal
agency before disclosing an employee's confidential information.
AACSB: 3
BT: Comprehension
Difficulty: Medium
Learning Objective: 14
7-52