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Question 75 - CIPP-US discussion

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SCENARIO

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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?

A.

The applicability of federal law

Answers
A.

The applicability of federal law

B.

The enforceability of local law

Answers
B.

The enforceability of local law

C.

The strict nature of state law

Answers
C.

The strict nature of state law

D.

The definition of tort law

Answers
D.

The definition of tort law

Suggested answer: A

Explanation:

Larry has a misconception about the applicability of federal law to private-sector employee rights. He believes that the U.S. Constitution protects American workers from various forms of discrimination, harassment, and invasion of privacy by their employers. However, the U.S.Constitution only applies to government actions, not private actions, unless there is a specific federal statute that extends constitutional protections to the private sector1.For example, the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex, or national origin by private employers2.The Electronic Communications Privacy Act of 1986 regulates the interception and disclosure of electronic communications by private parties3.The CAN-SPAM Act of 2003 sets the rules for commercial email and gives recipients the right to opt out of receiving unwanted messages4. These are examples of federal laws that apply to private-sector employees, but they do not cover all the situations that Larry faces at SunriseLynx. For instance, there is no federal law that protects private-sector employees from political discrimination or from having their personal mail opened by their employers.Larry may have to rely on state laws or common law torts to seek redress for these violations of his rights.Reference:1:Private Sector vs. Public Sector Employee Rights2: [Civil Rights Act of 1964 - Wikipedia]3: [Electronic Communications Privacy Act - Wikipedia]4:CAN-SPAM Act: A Compliance Guide for Business: IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 5: Federal Trade Commission and Consumer Privacy, p. 141-142

asked 22/11/2024
Maria Gervasi
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