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CIPP-US Exam - Question 72


SCENARIO -

Please use the following to answer the next question:

Larry has become increasingly dissatisfied with his telemarketing position at SunriseLynx, and particularly with his supervisor, Evan. Just last week, he overheard Evan mocking the state’s Do Not Call list, as well as the people on it. “If they were really serious about not being bothered,” Evan said, “They’d be on the national DNC list. That’s the only one we’re required to follow. At SunriseLynx, we call until they ask us not to.”

Bizarrely, Evan requires telemarketers to keep records of recipients who ask them to call “another time.” This, to Larry, is a clear indication that they don’t want to be called at all. Evan doesn’t see it that way.

Larry believes that Evan’s arrogance also affects the way he treats employees. The U.S. Constitution protects American workers, and Larry believes that the rights of those at SunriseLynx are violated regularly. At first Evan seemed friendly, even connecting with employees on social media. However, following Evan’s political posts, it became clear to Larry that employees with similar affiliations were the only ones offered promotions.

Further, Larry occasionally has packages containing personal-use items mailed to work. Several times, these have come to him already opened, even though this name was clearly marked. Larry thinks the opening of personal mail is common at SunriseLynx, and that Fourth Amendment rights are being trampled under Evan’s leadership.

Larry has also been dismayed to overhear discussions about his coworker, Sadie. Telemarketing calls are regularly recorded for quality assurance, and although Sadie is always professional during business, her personal conversations sometimes contain sexual comments. This too is something Larry has heard Evan laughing about. When he mentioned this to a coworker, his concern was met with a shrug. It was the coworker’s belief that employees agreed to be monitored when they signed on. Although personal devices are left alone, phone calls, emails and browsing histories are all subject to surveillance. In fact, Larry knows of one case in which an employee was fired after an undercover investigation by an outside firm turned up evidence of misconduct. Although the employee may have stolen from the company, Evan could have simply contacted the authorities when he first suspected something amiss.

Larry wants to take action, but is uncertain how to proceed.

In what area does Larry have a misconception about private-sector employee rights?

Show Answer
Correct Answer: AB

Larry's misconception lies in the enforceability of local law. The Fourth Amendment protects against unreasonable searches and seizures by the government, not by private employers. In private-sector employment, employers have broad latitude to monitor employee communications and activities during work hours. This includes monitoring phone calls, emails, and internet usage, as employees often have limited expectations of privacy while at work. Additionally, decisions regarding promotions based on political affiliations, while potentially unethical, are not necessarily illegal under federal law unless it involves discrimination against protected classes. Furthermore, the opening of personal packages at work usually doesn't violate federal law as long as company policies allow such actions.

Discussion

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BhimeshOption: A
Apr 11, 2024

Workplace Privacy U.S. Regulatory Bodies that Protect Employee Privacy - Employee privacy is protected by several federal agencies, including the U.S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and the National Labor Relations Board (NLRB

BhimeshOption: A
Apr 11, 2024

When it comes to postal mail, organizations are legally allowed to open and read any mail addressed to the organization once delivered, even if a specific employee's name is on the parcel.