Exam 3: Foundations of Recruitment and Selection II

What are the four legal means that affect employment practices in recruitment and selection?

Which one of the following questions can be asked of a potential candidate?

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. What are the four legal sources that affect KM Contracting's employment practices in recruitment and selection?

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 statements would apply to a requirement that a hospital nurse be female?

Recruitment and selection practices that have an impact on careers or entry to occupations must be defensible with respect to legal requirements.

During the interview process, inquiries about the applicant's religion may be justified if they seek to establish the existence of a bona fide occupational requirement (i.e., if the job involves communicating religious values).

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. In this situation, which of the following behaviours would NOT be discrimination?

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 legislation applies in this case?

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. Who might be liable in this situation?

The Canadian Human Rights Commission received 1735 complaints in 2013. What percentage of these complaints were related to discrimination related to disabilities?

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.

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.

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. Under which jurisdiction does this university fall?

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. -In order to NOT be accused of discrimination, what should the employer have established prior to conducting medical exams on bus drivers?

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.

Which of the following is responsible for the enforcement of the Canadian Human Rights Act?

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 legal sources are relevant to this situation?

To which of the following designated groups does employment equity apply?

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 legally protected ground seems to be violated in this situation?

Labour law regulates the minimum age of employment, hours of work, minimum wages, statutory holidays, etc.