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1) What are some of the Constitutional protections of privacy? How do privacy rights differ for private and public employees? Why?

2) What are some of the limitations of pre-employment testing? What are some of the potential pitfalls for management? What can management do to avoid the pitfalls?

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1) What are some of the Constitutional protections of privacy?

The Fourth Amendment of the United States Constitution protects its citizens as follows: "
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (Find Law 2009)

The Amendment allows for privacy protection for all of the nation's citizens with the exception of probable cause. This means that an officer of the law cannot randomly ask a citizen on the street to empty out her purse because he wants to. The officer must have probable cause, such as a witness saying the female citizen has a gun in her purse or a surveillance camera showing that the women shop lifted an item. Citizens are free and afforded the right to privacy.

Reference source - http://caselaw.lp.findlaw.com/data/constitution/amendment04/

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Solution Summary

The solution addresses: 1) What are some of the Constitutional protections of privacy? How do privacy rights differ for private and public employees? Why?

2) What are some of the limitations of pre-employment testing? What are some of the potential pitfalls for management? What can management do to avoid the pitfalls?

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