Exam 3: Foundations of Recruitment and Selection II

Within all Canadian jurisdictions, which of the following is a prohibited ground of employment discrimination?

Which of the following is NOT covered by the Canadian Human Rights Act?

In an employment interview it is acceptable (legal) to ask candidates if they are prepared to travel or be transferred if those are requirements of the job.

Scenario 3.1 Bill, who has an arthritic condition, applied for a position as a private bus driver. He met all the conditions of the selection process but was rejected for employment by the company on the advice of the medical doctor who performed the mandatory medical examination. -What protection does Bill have under human rights law in this situation?

Every province and territory, as well as the federal government, has established a human rights code or act that prohibits discrimination in employment. The grounds for discrimination outlined in the Canadian Human Rights Act are race, colour, religion, age, sex, marital status, and mental or physical disability. Recruitment practices that are free of bias will attract the most qualified applicants. It is a discriminatory practice if interviewing procedures exclude a particular group directly or indirectly on a prohibited ground of discrimination. Write six questions for each of the six prohibited grounds in all jurisdictions of Canada that you would avoid asking on an application form or during an interview. Reword the questions so that they can be asked to gather information that relates to an applicant's ability to do the job.

What legal term states that there is a justifiable reason for a discriminatory employment practice or policy based on the necessity for business operations?

Which of the following is NOT a step in developing and implementing an employment equity plan?

Scenario 3.3 You have recently been hired as the HR manager for KM Contracting, a medium-sized construction company with offices throughout Canada. Many of the company's trades employees are unionized, and one of the company's largest contracts is with the federal government. It has come to your attention that Ms. Jones, an elderly woman who works as an office clerk, has been humiliated and treated disrespectfully about her obesity for 11 years. She has been called offensive names and heard comments about the way she "waddles." During this time, her manager criticized her work performance and stated that "women are best working at home in the kitchen." She has been passed over for promotions and no longer applies for other positions because of her low self-esteem resulting from the intimidating workplace environment. The company's discrimination policy states that it promotes a work environment that is free from discrimination. Managers have stated that they cannot always distinguish between inappropriate or illegal discrimination behaviours. The CEO has asked you to educate all levels of management about the legal requirements that must be met in recruitment and selection. He also wants you to develop some practical nondiscriminatory recruitment and selection guidelines for all employees. -Refer to Scenario 3.3. There are many reasons that Ms. Jones may not have reported the problem over the 11 years. These could have ranged from fears of job loss, retaliation, and embarrassment to low self-esteem, questioning her abilities, and believing she would be unsuccessful in her complaint. As the HR manager, what do you need to do?

Since the aviation industry is a federally regulated industry in Canada, airline company operations fall under the jurisdiction of federal law.

Scenario 3.3 You have recently been hired as the HR manager for KM Contracting, a medium-sized construction company with offices throughout Canada. Many of the company's trades employees are unionized, and one of the company's largest contracts is with the federal government. It has come to your attention that Ms. Jones, an elderly woman who works as an office clerk, has been humiliated and treated disrespectfully about her obesity for 11 years. She has been called offensive names and heard comments about the way she "waddles." During this time, her manager criticized her work performance and stated that "women are best working at home in the kitchen." She has been passed over for promotions and no longer applies for other positions because of her low self-esteem resulting from the intimidating workplace environment. The company's discrimination policy states that it promotes a work environment that is free from discrimination. Managers have stated that they cannot always distinguish between inappropriate or illegal discrimination behaviours. The CEO has asked you to educate all levels of management about the legal requirements that must be met in recruitment and selection. He also wants you to develop some practical nondiscriminatory recruitment and selection guidelines for all employees. -Refer to Scenario 3.3. The HR manager must follow many steps concerning Ms. Jones's situation. What step does NOT need to be considered?

Scenario 3.4 You are the HR manager for a Canadian university located in Ontario. An Asian university business professor has worked at that Canadian university for 15 years. He was denied a tenure position on several occasions. Three other faculty (all white) with less education and experience received tenure positions in the past two years. -Refer to Scenario 3.4. What human rights legal concept has emerged in this situation?

A situation in which an employer, in good faith, adopts a policy or practice that has an unintended negative impact on members of a selected group is referred to as adverse effect discrimination.

Define and give an example of three important legal concepts in recruitment and selection.

Scenario 3.5 TS Inc. is a small Canadian aviation company located in Sydney, BC. The company has over 30 employees, primarily pilots and aircraft maintenance engineers. The CEO informs you that you should come up with a recruitment and selection system that will screen out pro-union attitudes and to keep this information confidential. John, a Seventh Day Adventist, applied in person for an aircraft maintenance engineer position, in response to a newspaper advertisement that listed two years of experience and industry certification. He was not contacted by TS Inc. even though he had over eight years of experience. His ex-wife, who was close friends with the CEO, told John that she had been contacted for a reference. Four months later he learned that the recent hirees had less than two years of experience. -Refer to Scenario 3.5. What actions could the HR manager have taken to avoid any concerns about privacy and reference checks?

Reasonable accommodation refers to the duty of an employer to put in place modifications to discriminatory employment practices or procedures to meet the needs of members of a protected group being affected by the employment practice or procedure.