Exam 3: Foundations of Recruitment and Selection II

When a manufacturer decides not to hire women in areas requiring heavy lifting, this is an example of indirect discrimination or adverse impact discrimination.

Scenario 3.2 Mr. Smith, a public elementary school custodian, is a Seventh Day Adventist. His religious beliefs prevent him from working from sundown Friday to sundown Saturday. The work schedule, which requires him to work a Friday shift from 3 p.m. to 11 p.m., is set out in the collective agreement between his employer and his union. Accommodating Mr. Smith's religious beliefs would require allowing him to work hours different from those specified. The employer and the union can't agree on a means of accommodating Mr. Smith. As a result, he is dismissed from his job. -Refer to Scenario 3.2. What legislation applies in this case?

It is appropriate to ask potential employees for a list of all their disabilities, limitations, or health problems.

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

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 legally protected ground seems to be violated in this situation?

Which interview question is legally valid?

Which of the following situations characterizes employers that are subject to the Federal Contractors Program?

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. As the HR manager, how would you best define discrimination to the managers?

Accommodation is always applied to a group as opposed to individuals.

Define and give an example of three discrimination prohibitions.

What best describes the four-fifths rule?

Which of the following is NOT included in the three-part Meiorin test under which all workplace practices are screened?

Which of the following statements best defines discrimination?

Describe one of the following employment laws and its relevance to recruitment and selection: labour law or the Employment Standards Act.

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. -Which of the following terms refers to the equal application of hiring policies or practices that result in a disproportionate number of a certain gender, racial group, or religious group being excluded?:

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. As the HR manager, how would you describe Ms. Jones's situation?

A clothing store is recruiting seasonal employees. It is October, and the successful candidates will be offered three months' work for the store's busiest season. One applicant with a solid background in retail sales appears to be pregnant. The supervisor decides not to hire her. What protection does the job applicant have under human rights law in this situation?

Which of the following is a prohibited ground of discrimination?

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 also 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 human rights legal concepts emerged in this situation?

Define discrimination and describe some of the areas in recruitment and selection that can be discriminatory.