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CIPP-US · Question #102

SCENARIO Please use the following to answer the next question: Felicia has spent much of her adult life overseas, and has just recently returned to the U.S. to help her friend Celeste open a jewelry…

The correct answer is A. The Americans with Disabilities Act (ADA). The ADA prohibits employers from discriminating against qualified individuals with disabilities in all aspects of employment, including hiring, firing, promotion, compensation, and training. The ADA also limits the types of medical inquiries and examinations that employers can…

Workplace Privacy

Question

SCENARIO Please use the following to answer the next question:

Felicia has spent much of her adult life overseas, and has just recently returned to the U.S. to help her friend Celeste open a jewelry store in California. Felicia, despite being excited at the prospect, has a number of security concerns, and has only grudgingly accepted the need to hire other employees. In order to guard against the loss of valuable merchandise, Felicia wants to carefully screen applicants. With their permission, Felicia would like to run credit checks, administer polygraph tests, and scrutinize videos of interviews. She intends to read applicants' postings on social media, ask question NO:s about drug addiction, and solicit character references. Felicia believes that if potential employees are serious about becoming part of a dynamic new business, they will readily agree to these requirements. Felicia is also in favor of strict employee oversight. In addition to protecting the inventory, she wants to prevent mistakes during transactions, which will require video monitoring. She also wants to regularly check the company vehicle's GPS for locations visited by employees. She also believes that employees who use their own devices for work-related purposes should agree to a certain amount of supervision. Given her high standards, Felicia is skeptical about the proposed location of the store. She has been told that many types of background checks are not allowed under California law. Her friend Celeste thinks these worries are unfounded, as long as applicants verbally agree to the checks and are offered access to the results. Nor does Celeste share Felicia's concern about state breach notification laws, which, she claims, would be costly to implement even on a minor scale. Celeste believes that even if the business grows a customer database of a few thousand, it's unlikely that a state agency would hassle an honest business if an accidental security incident were to occur. In any case, Celeste feels that all they need is common sense ?like remembering to tear up sensitive documents before throwing them in the recycling bin. Felicia hopes that she's right, and that all of her concerns will be put to rest next month when their new business consultant (who is also a privacy professional) arrives from North Carolina. Which law will be most relevant to Felicia's plan to ask applicants about drug addiction?

Options

  • AThe Americans with Disabilities Act (ADA).
  • BThe Occupational Safety and Health Act (OSHA).
  • CThe Genetic Information Nondiscrimination Act of 2008.
  • DThe Health Insurance Portability and Accountability Act (HIPAA).

How the community answered

(27 responses)
  • A
    85% (23)
  • B
    4% (1)
  • C
    4% (1)
  • D
    7% (2)

Explanation

The ADA prohibits employers from discriminating against qualified individuals with disabilities in all aspects of employment, including hiring, firing, promotion, compensation, and training. The ADA also limits the types of medical inquiries and examinations that employers can make of applicants and employees. Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. The ADA covers current, past, and perceived drug addiction as a disability, unless the individual is currently engaging in the illegal use of drugs. Therefore, Felicia's plan to ask applicants about drug addiction may violate the ADA, unless she can show that the inquiry is job-related and consistent with business necessity. The other laws are not directly relevant to Felicia's plan, although they may have other implications for her business.

Topics

#ADA#employee screening#disability discrimination#interview process

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