Legal and Ethical Issues in Employment: Emotional Distress, Privacy Rights, and Performance Evaluations
A legal assignment discussing ethical issues related to emotional distress, privacy rights, and employee evaluations.
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Legal and Ethical Issues in Employment: Emotional Distress, Privacy Rights,
and Performance Evaluations
1. Explain the elements of the claim of intentional infliction of emotional distress.
Quote the actual elements of the claim and cite your source. Try to use the “best”
source for your citation. (The textbook is not the best source.) Add a follow-up
sentence(s) in which you explain what one of the elements means in practical terms.
Summarize a case in which that claim was charged. What was the result? (Use the
textbook and/or the Internet to help you find additional information and a case.) 2. A
research analyst for the Indiana Department of Corrections was told that she would
have to submit to a psychological examination in order to keep her job. She took the
exam, which lasted two hours and contained many questions related to details of
her personal life. She sued, claiming that the test violated her constitutional rights.
What should the court decide (your opinion)? Why? After writing your initial
thoughts, use the Internet to look up the case. What was the actual decision, and
why? (Greenawalt v. Indiana Department of Corrections, 397 F.3d 587 [7th Cir. 2005])
3. Performance evaluations are important tools for managing performance.
However, they can also easily be mismanaged by supervisors and employees alike.
The situation becomes more combustible when employees first do a self-evaluation
followed by a formal evaluation from the supervisor.
Co. Sigma Inc. gives employees annual evaluations. The manager can rate each
employee as Exceeds Expectations (EE), Meets Expectations (ME), Partially Meets
Expectations (PE), or Horrible Employee (HE). Employee Bill turns in his self-
evaluation and has himself as an EE in all 10-performance categories. Supervisor
Mary reviews the self-evaluation and is troubled. She believes he is an EE in 2
categories, but is an ME in 6 categories, a PE in 1 category, and an HE in 1 category.
She wonders how such a disconnect could exist between how he views himself and
reality.
a) What could have caused this disconnect?
b) How should she go about remedying this situation?
c) If she just goes ahead and gives him all EEs even though he does not deserve
them, what problem(s) might this create? 4. Should an employee have an
expectation of privacy relative to electronic communications when sending personal
emails from the company computer? What if the employee used the company
computer to access his/her own Yahoo email account; should the employee have a
reasonable expectation of privacy regarding personal emails sent through his/her
personal email? To take it a step further, should the employee have an expectation
of privacy as it relates to text messages sent from a company issued Blackberry?
Defend your response with references to at least two sources from the following:
court case(s), articles from reliable/authoritative authors.
and Performance Evaluations
1. Explain the elements of the claim of intentional infliction of emotional distress.
Quote the actual elements of the claim and cite your source. Try to use the “best”
source for your citation. (The textbook is not the best source.) Add a follow-up
sentence(s) in which you explain what one of the elements means in practical terms.
Summarize a case in which that claim was charged. What was the result? (Use the
textbook and/or the Internet to help you find additional information and a case.) 2. A
research analyst for the Indiana Department of Corrections was told that she would
have to submit to a psychological examination in order to keep her job. She took the
exam, which lasted two hours and contained many questions related to details of
her personal life. She sued, claiming that the test violated her constitutional rights.
What should the court decide (your opinion)? Why? After writing your initial
thoughts, use the Internet to look up the case. What was the actual decision, and
why? (Greenawalt v. Indiana Department of Corrections, 397 F.3d 587 [7th Cir. 2005])
3. Performance evaluations are important tools for managing performance.
However, they can also easily be mismanaged by supervisors and employees alike.
The situation becomes more combustible when employees first do a self-evaluation
followed by a formal evaluation from the supervisor.
Co. Sigma Inc. gives employees annual evaluations. The manager can rate each
employee as Exceeds Expectations (EE), Meets Expectations (ME), Partially Meets
Expectations (PE), or Horrible Employee (HE). Employee Bill turns in his self-
evaluation and has himself as an EE in all 10-performance categories. Supervisor
Mary reviews the self-evaluation and is troubled. She believes he is an EE in 2
categories, but is an ME in 6 categories, a PE in 1 category, and an HE in 1 category.
She wonders how such a disconnect could exist between how he views himself and
reality.
a) What could have caused this disconnect?
b) How should she go about remedying this situation?
c) If she just goes ahead and gives him all EEs even though he does not deserve
them, what problem(s) might this create? 4. Should an employee have an
expectation of privacy relative to electronic communications when sending personal
emails from the company computer? What if the employee used the company
computer to access his/her own Yahoo email account; should the employee have a
reasonable expectation of privacy regarding personal emails sent through his/her
personal email? To take it a step further, should the employee have an expectation
of privacy as it relates to text messages sent from a company issued Blackberry?
Defend your response with references to at least two sources from the following:
court case(s), articles from reliable/authoritative authors.
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Subject
Human Resource Management