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Questions and Answers
What does 'access' mean?
The opportunity to cause, or help cause, a specific economic loss or loss of a controlled substance.
What constitutes an adverse employment action?
Firing, disciplining, discriminating against, or refusing to hire or promote an applicant or current employee.
What is counterintelligence?
Information gathered and activities conducted to protect against espionage and other clandestine intelligence activities.
What are currency, negotiable securities, and precious commodities?
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What is meant by direct access?
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What is economic loss or injury?
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What does an ongoing investigation refer to?
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How does a polygraph work?
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What is the primary business purpose for a security services employer?
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What is proprietary information?
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What is reasonable suspicion?
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What areas does the EPPA contain provisions on?
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Which private employers are subject to the EPPA?
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Under what conditions will persons acting on the employer's behalf be liable for EPPA violations?
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How does the EPPA protect former employees from discrimination?
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What does the EPPA prohibit employers from doing?
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Study Notes
Definitions
- Access: Refers to an employee's opportunity to cause an economic loss or loss of controlled substances, which can include indirect contact with property.
- Adverse Employment Action: Includes any negative employment actions like firing, disciplining, or refusing to hire/promote an employee.
- Counterintelligence: Involves information and actions taken to protect against espionage, sabotage, terrorism, or permanent harm by foreign entities.
- Currency, Negotiable Securities, and Precious Commodities: Assets such as cash and precious metals, primarily managed by financial institutions and businesses where cash is central to operations.
- Direct Access: Involves an employee having physical contact with or responsibility for controlled substances in their job role.
- Economic Loss or Injury: Financial damage to a business due to theft, embezzlement, or other crimes, also including harm to third-party property that the employer is liable for.
- Ongoing Investigation: Refers to an existing inquiry into a specific incident causing economic loss for the employer.
- Polygraph: A device measuring cardiovascular, respiratory, and electrodermal responses to assess honesty.
- Primary Business Purpose: For security services, an employer is engaged in this if at least 50% of its annual revenue comes from security services.
- Proprietary Information: Includes trade secrets, manufacturing processes, and sensitive business data critical to competitive advantage.
- Reasonable Suspicion: A justified belief that an employee is involved in causing an economic loss.
EPPA Provisions
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Areas Covered by EPPA:
- Polygraph use
- Test results
- Employee's rights
- Polygraph examiners
- Retaliation against employees
Polygraph Functionality
- How Polygraphs Work: Measure changes in bodily functions (like pulse and breathing) during questioning; significant changes suggest potential dishonesty.
Employer Compliance
- Private Employers Subject to EPPA: Must be covered by the Fair Labor Standards Act (FLSA) to fall under EPPA regulations.
- Liability for EPPA Violations: Persons representing the employer can be liable if they were aware of potential EPPA violations regarding polygraph testing.
- Protection for Former Employees: Employers cannot retaliate against former employees who refuse to take a polygraph test, nor can they hinder their job prospects.
EPPA Restrictions
- Prohibitions for Employers: Employers are not allowed to mandate polygraph tests for applicants or current employees.
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Description
This quiz focuses on key definitions related to economic loss, employment law, and counterintelligence. Test your knowledge on terms such as access, adverse employment action, and the implications of economic injury in the workplace. It's essential for anyone working in finance or human resources to be aware of these concepts.