Deck 3: Legal Environment of Equal Employment and Diversity

Question 1

Which of these statements about older workers is NOT borne out by the views of HR managers?

A)They are more reliable.
B)They can serve as mentors.
C)They are willing to work different schedules.
D)They need less training.

Answer 1

D

Question 2

In many cases involving discrimination based on religion or creed, which of the following types of discrimination is usually at work?

A)indirect
B)unfounded
C)perceived
D)direct

Answer 2

A

Question 3

Which of the following can be seen as an adverse distinction based on a prohibited ground?

A)systemic discrimination
B)constructive discrimination
C)direct discrimination
D)adverse effects discrimination

Answer 3

A

Question 4

Which of the following types of discrimination is at work when there is a requirement that a nurse be female?

A)adverse effect
B)constructive
C)direct
D)systemic

Question 5

Which of these courses of action can an employer take if accommodating a person with disabilities imposes substantial difficulty or expense?

A)The employer can take responsibility for finding the person alternative work instead.
B)The employer can reduce the salary of the person to compensate.
C)The employer can apply for federal grant money to make the accommodation.
D)The employer can claim undue hardship exists.

Question 6

Borderline Cafeterias has discovered that most of its wait staff is white, while most of its kitchen staff is minority. When interviewed by the local news anchor, the CEO of Borderline Cafeterias says, "There has been no conscious or deliberate practice to staff the cafeterias in a discriminatory manner-it just happened to turn out this way." Which of the following is the CEO's argument an example of?

A)discriminatory intent
B)blind discrimination
C)direct discrimination
D)direct treatment

Question 7

Which prohibited ground was most frequently challenged by federally regulated employees at the Canadian Human Rights Commission between 2005 and 2007?

A)national or ethnic origin
B)religion
C)age
D)disability

Question 8

Section 1 of the Charter allows limitations on rights and freedoms within our free and democratic society. Which pair of adjectives best describes these limiting laws?

A)reasonable; justified
B)logical; fair
C)fair; justified
D)reasonable; fair

Question 9

Susan, the school principal, is interviewing applicants for a position as an elementary school teacher in an isolated rural community in northern British Columbia. Which of the following questions can she legally ask?

A)Do you have any children? This is an excellent school.
B)Are you married? It is difficult to meet single people out here, and we have had many single teachers quit.
C)Most people here are churchgoers. We find that our teachers fit better into the community if they have the same values. Would you be active in any of the churches here?
D)All of our students are native-English speakers. What language do you speak and write fluently?

Question 10

Which of the following is NOT a guaranteed right under the Charter?

A)freedom of the press
B)freedom of conscience and religion
C)freedom for collective bargaining
D)freedom of peaceful assembly

Question 11

An employer refuses to hire a person convicted of child molestation as a counsellor at a summer camp for youth. Which of the following is this circumstance an example of?

A)direct discrimination
B)a human rights violation
C)indirect discrimination
D)a bona fide occupational requirement

Question 12

Employees in which of the following industries fall outside federal jurisdiction?

A)international services
B)healthcare
C)radio and television broadcasting
D)interprovincial services

Question 13

Which of the following is an advantage associated with retaining older workers?

A)greater flexibility
B)reduced expenses
C)competence with technology
D)reliability

Question 14

Which governments in Canada have passed human rights acts?

A)the federal government only
B)provincial governments only
C)federal, provincial, and territorial governments
D)provincial and territorial governments only

Question 15

Which of the following is NOT a prohibited ground of discrimination under federal laws?

A)sexual orientation
B)military experience
C)age
D)gender

Question 16

An employer has a legal duty to take reasonable steps in policies or conditions of work to accommodate an employee's individual needs. What is this the definition of?

A)reasonable adjustment
B)duty to accommodate
C)duty to modify
D)reasonable accommodation

Question 17

Which of the following is NOT an example of a hiring practice that has an adverse impact on designated group members?

A)implementing height and weight standards
B)using work sampling tests
C)using word-of-mouth hiring
D)adopting workplace policies that further seniority-based hiring

Question 18

Which of the following pertains to a situation where an employer is allowed to discriminate for justifiable business reasons?

A)validity generalization
B)business necessity
C)bona fide occupational requirement
D)economic viability requirement

Question 19

If workplace policies use seniority-based systems for promotions and days off, which of the following is likely to be the result?

A)systemic discrimination
B)direct discrimination
C)perceived discrimination
D)intentional discrimination

Question 20

Which of the following pieces of legislation guarantees the fundamental rights and freedoms of all Canadians?

A)Canadian Human Rights Act
B)Charter of Rights and Freedoms
C)Employment Equity Act
D)Canada Labour Code

Question 21

Which of the following statements concerning "family status" is correct?

A)Employers cannot have policies that restrict or prohibit nepotism.
B)The Code prohibits discrimination based on family status, without exceptions.
C)An employer may not give preference in summer employment to children of employees.
D)Employers cannot provide different employment conditions, outside of hiring or promotion, for family members.

Question 22

If making reasonable accommodation for a person with a disability imposes great difficulty or expense, which of the following is a response an employer can make?

A)Find alternative work for the person.
B)Apply for federal grant money to make the accommodation.
C)Claim undue hardship exists.
D)Reduce the person's salary to compensate.

Question 23

In which of these scenarios does sexual harassment occur most frequently?

A)A male harasses a female co-worker.
B)A male supervisor harasses a woman within his power structure.
C)A manager of either sex harasses a subordinate of the opposite sex.
D)An employee harasses an employee of the same sex.

Question 24

An employer hires some relatives as workers. Which of the following terms applies to this practice?

A)favouritism
B)despotism
C)nepotism
D)egalitarianism

Question 25

Which of the following statements about the nature of sexual harassment does NOT belong on this list?

A)The actions are unwanted.
B)The actions create an unhealthy work environment.
C)The targeted person is subjected to adverse employment conditions.
D)There is physical contact between the harasser and the targeted person.

Question 26

Which of the following statements outlines what is the key to making reasonable accommodations for individuals with disabilities?

A)Specialize in certain types of accommodations, for instance, for sight-impaired individuals, and then recruit individuals with this disability who have the KSAs to do the job.
B)Remove architectural barriers to allow workplace access and assign appropriate work tasks.
C)Hold off making any accommodations until a person with a disability applies for a job.
D)Restructure the staffing function to minimize the probability of hiring people with disabilities.

Question 27

Which of the following measures does NOT represent reasonable accommodation for employees with disabilities?

A)job modification
B)modification of work schedule
C)provision of no specific equipment
D)workspace modification

Question 28

Which of the following statements best defines quid pro quo harassment?

A)Intimidating or offensive working conditions are created.
B)Employment outcomes are linked to the individual's granting of sexual favours.
C)An employee voluntarily offers a supervisor sexual favours for advancement, which the supervisor refuses.
D)The harassment has the effect of unreasonably interfering with work performance or psychological well-being.

Question 29

The director of HR has just learned that as of next month Anthony, a high-performing employee for over 10 years in the telephone and email customer support function, will become Antoinette. Anthony's co-workers are unaware of his upcoming transformation. Which of the following ideas represents the most appropriate way for the director of HR to respond?

A)sending out a company-wide email supporting Anthony's decision
B)notifying Anthony's supervisor so that any decline in performance can be documented and available to use in a termination action
C)talking with Antoinette's co-workers who will be most worried about whether she will make sexual advances toward them
D)determining which restroom Antoinette will use, probably the most sensitive issue regarding this transformation

Question 30

Lydia is three months pregnant with twins. She is applying to be a pharmaceutical sales representative, a position that requires two weeks of overnight travel per month. She is taking part in a job interview. Which of the following statements best presents how Lydia and her potential employer should deal with her pregnancy?

A)Lydia should indicate that she is pregnant on the application forms.
B)The employer can be governed by the Human Rights Act, which applies to persons who are already employed when they become pregnant, but not to job applicants.
C)The interviewer can ask Lydia about her pregnancy since she is "showing" and is wearing maternity clothes-Lydia's choice of clothing indicates that she intends the employer to know she is pregnant.
D)The employer cannot consider Lydia's pregnancy in the hiring decision.

Question 31

When does an employer's legal duty to accommodate an employee's individual needs end?

A)when it causes the employer undue hardship
B)when the employee wants to extend the accommodation to other employees
C)when there is no currently available position in the organization
D)when the employee declines a reasonable offer from the employer

Question 32

According to the Canadian Human Rights Code, which of the following is NOT a type of disability?

A)dependence on alcohol or a drug
B)emotional
C)physical
D)mental

Question 33

According to Canadian law, how should employers treat pregnant employees?

A)Employers are not required to accommodate the needs of pregnant employees.
B)Pregnant employees are not protected under human rights legislation.
C)Pregnancy is a disability requiring special accommodation.
D)Employers must treat pregnant employees the same as non-pregnant employees with similar abilities and disabilities.

Question 34

Which of the following statements clarifies how convictions can be factored into employment decisions?

A)All convictions can be considered in employment decisions.
B)In general, only job-related convictions can be considered in employment decisions.
C)Conviction records cannot be considered in employment decisions-that would be discriminatory.
D)Only Criminal Code convictions can be considered in employment decisions.

Question 35

From an organizational point of view, which of the following romantic connections raises most concern, legally, about potential exposure to sexual harassment?

A)a vendor and an employee who has no work-related contact with the vendor
B)two partners (of the opposite sex) in an accounting firm
C)a teacher in a private high school and the principal
D)two paralegal assistants of the same sex

Question 36

Which of the following statements provides a legally accurate comment pertaining to sexual orientation?

A)The Supreme Court of Canada has ruled that sex discrimination applies to a person's gender at birth.
B)The Canadian Human Rights Act permits discrimination based on sexual orientation.
C)The Canadian Human Rights Act lists sexual identity disorders as a disability.
D)The BC Supreme Court has ruled that human rights legislation includes protection for transsexual persons.

Question 37

A job or work environment is modified or adjusted so that a qualified worker albeit one with a disability may enjoy an equal employment opportunity. What is this the definition of?

A)access improvement
B)workplace restructuring
C)job modification
D)reasonable accommodation

Question 38

Suppose that the Canadian Human Rights Commission cannot resolve a complaint of discrimination filed against a federally regulated employer, union, or service provider. Which of the following possible courses of action may it take?

A)Refer the complaint to the Canadian Human Rights Appeal Tribunal.
B)Ultimately, request that the Canadian Human Rights Tribunal hear the case.
C)Recommend civil litigation to the injured party(s).
D)Impose a ruling upon the parties.

Question 39

What is one disadvantage that HR managers see in hiring older workers?

A)They are unwilling to work different hours.
B)They are reluctant to work with younger employees.
C)They are less reliable.
D)They are weaker on new technology.

Question 40

Harassment takes many forms, but which of the following is NOT one of these forms?

A)sexual remarks or actions only
B)threats or intimidation
C)display of sexist or racist pictures
D)inappropriate physical contact

Question 41

According to the Conference Board of Canada, which of the following is an advantage of employment equity?

A)lower recruitment costs
B)lower training costs
C)increased effectiveness of strategic planning activities
D)enhanced innovation

Question 42

Suppose that a male co-worker continually asks a female co-worker if they could "get together after work" even though she refuses. Given the following choices, what is this situation an example of?

A)quid pro quo sexual harassment
B)poor interpersonal skills
C)hostile work environment harassment
D)romance at work

Question 43

Which of these are NOT barriers that designated group members could conceivably face?

A)customer service barriers
B)attitudinal barriers in terms of bias and stereotypes
C)information barriers
D)employment experience barriers

Question 44

An employer is thinking about developing an employment equity plan. Which of the following has to be the case before an employment systems review is undertaken?

A)under-representation
B)underutilization
C)under-employment
D)underrequirement

Question 45

Which of the following statements exemplifies appropriate employment equity efforts?

A)Organizations institute temporary bans on hiring applicants who are not designated group members.
B)The government terminates federal contracts if employment patterns within firms do not match the external labour market.
C)Employers establish quotas for hiring protected class members.
D)Employers set goals and timetables for the hiring and promotion of designated group members.

Question 46

Which of the following is NOT a purpose of employment equity legislation?

A)to provide access to employment for people in designated groups
B)to achieve equality in the workplace
C)to correct the disadvantage in employment experienced by designated groups
D)to ensure the timely fulfillment of quotas for each of the designated groups

Question 47

In a company, designated group members are substantially under-represented in employment decisions. What is this statement the definition of?

A)disproportionate impact
B)disparate impact
C)adverse impact
D)negative impact

Question 48

In the context of occupational health and safety, which of these rights do employees NOT have?

A)the right to refuse dangerous work
B)the right to know
C)the right to work
D)the right to participate

Question 49

Which of the following statements represents a situation in which the employer may avoid liability for sexual harassment?

A)The targeted employee and alleged harasser were both heterosexual males.
B)The targeted employee did not suffer any tangible effects from the harassment.
C)The employer took reasonable care to prohibit sexual harassment.
D)The employer lacked any knowledge of the offensive behaviour.

Question 50

Which of the following actions is NOT a critical component of a company's establishing "reasonable care" to prohibit sexual harassment?

A)investigating and taking action when complaints are made
B)training employees and managers on avoiding sexual harassment
C)firing any employee or manager accused of sexual harassment
D)establishing a sexual harassment policy

Question 51

Policies pertaining to inappropriate use of company technology (for example, email) in order to prevent liability for sexual harassment of employees are becoming more common. Which type of policy is most common?

A)take-no-prisoners
B)zero tolerance
C)one-strike
D)no-excuse

Question 52

The representation of designated group members in the employer's workforce is less than that in the appropriate segment of the Canadian workforce. Which of the following situations has occurred?

A)under-representation
B)under-employment
C)underutilization
D)underrequirement

Question 53

Which of the following lists those who have found it the hardest to obtain employment opportunities?

A)visible minorities, women, and persons with disabilities
B)Aboriginals, visible minorities, women, and persons with disabilities
C)mentally handicapped, Aboriginals, visible minorities, and women
D)Aboriginals, visible minorities, mentally handicapped, and women

Question 54

Which of these is NOT a standard typically governed under the Canada Labour Code or an employment standards act?

A)sexual harassment
B)minimum wages
C)overtime pay
D)leaves of absence

Question 55

Sometimes, an individual's work performance or psychological well-being is unreasonably affected by intimidating or offensive working conditions. Which of the following problems is the individual experiencing?

A)hostile environment harassment
B)sexual victimization
C)quid pro quo harassment
D)bona fide sexual harassment

Question 56

How does employment equity categorize those people whose employment opportunities have been the most limited?

A)as designated group members
B)as protected classes
C)as diverse group members
D)as affirmative action groups

Question 57

On which of the following does an effective employment equity program depend?

A)on gaining acceptance and support from an organization's customers and suppliers
B)on developing longer-term numerical only goals
C)on consulting and collaborating with employee representatives
D)on creating a business case for implementation of employment equity

Question 58

Which of these types of analysis compares the representation of designated group members on the employer's workforce with the representation in the appropriate segments of the Canadian workforce?

A)utilization analysis
B)employment analysis
C)representation analysis
D)workforce analysis

Question 59

Which of the following areas does labour legislation govern?

A)collective bargaining and industrial relations among employers, employees, and unions
B)industrial and technical employees' workplace rights
C)occupational health and safety
D)labour equity in the workplace

Question 60

Which of the following terms applies to a Canadian program, practice, or piece of legislation intended to provide access to employment for people in designated groups who have been the object of some form of discrimination?

A)employment equity
B)affirmative action
C)reverse discrimination
D)fair employment

Question 61

On which of the following does the most effective type of diversity training focus?

A)on thought patterns
B)on behaviours
C)on attitudes
D)on perceptions

Question 62

Which of the following statements about research results on managing diversity supports the "business case" for diversity?

A)Racial diversity was associated with high performance under conditions of competition and growth.
B)Customers tend to prefer being served by people of the same gender or race.
C)When diversity is defined as "more women," the effect on productivity is consistently positive.
D)Discrimination based on religion is usually indirect discrimination.

Question 63

For diversity management to succeed, which of the following is the most crucial component?

A)a ground-up commitment from the hourly and line employees who deal with diverse co-workers daily
B)the presence of a consultant with experience in the particular industry
C)diversity training provided to the "bad actors" in the organization
D)an organization-wide commitment, beginning with top management

Question 64

What was the reported trend in jobs held by members of visible minorities between 1997 and 2006?

A)Percentage share of jobs in the private sector was lower than the 2001 census availability.
B)Percentage share of jobs in the private sector decreased.
C)Percentage share of all professional occupations stayed the same.
D)Percentage share of senior and middle management positions increased.

Question 65

Suppose a white male is denied a promotion in preference to a lesser qualified Asian woman. Which of the following may the employer be accused of?

A)unequal treatment
B)disparate impact
C)reverse discrimination
D)ethnic discrimination

Question 66

Discriminatory practices have prevented women and other protected-class members from advancing to executive-level jobs. Which of the following refers to this situation?

A)glass walls
B)old boys' network
C)pyramid effect
D)glass ceiling

Question 67

Three of the following are part of a continuum of different organizational approaches to managing diversity. Which is the exception?

A)Begin the process of dealing with diversity.
B)Embrace diversity.
C)Ignore diversity.
D)Build acceptance of diversity.

Question 68

Which of these statements is NOT a complaint made about diversity training?

A)Diversity training draws attention to differences, building walls rather than breaking them down.
B)White males can feel blamed for past wrongs against minorities and women.
C)Much of the content is viewed as "politically correct."
D)The constant focus on sensitivity reduces employee willingness to engage in productive debates.

Question 69

Which of the following represents a cost of instituting a diversity management system?

A)decreased productivity and employee efficiency
B)decreased effectiveness and productivity of teams
C)increased cost of hiring outside consultants
D)increased cost to develop appropriate evaluation and reward systems

Question 70

The Canada Labour Code and the Canadian Human Rights Act apply to every Canadian citizen.

Question 71

Which of the following is a recommended action for increasing the number of women in top management positions of large companies?

A)drawing on the HR and communication specialties for CEO candidates, rather than on finance and operations
B)appointing co-CEOs, one of whom is female
C)placing more women on boards of directors
D)requiring that at least one woman be considered every time the position of CEO becomes open

Question 72

Rights and freedoms are guaranteed but can also be limited under the Charter.

Question 73

Women have tended to advance to senior management in a limited number of functional areas. Which of the following provides an appropriate image for this problem?

A)the silo effect
B)glass ceiling
C)glass elevators
D)the old boys' network

Question 74

Which of the following is NOT a component of diversity training?

A)cultural awareness
B)legal awareness
C)sensitivity training
D)harassment training

Question 75

Under the Charter, the right to join a trade union is protected.

Question 76

Canada has been described as a "melting pot" of ethnic groups.

Question 77

The Employment Equity Act defines Aboriginals in several ways. Aboriginals are North American Indians. They also include three of the groups identified below. Which of the following falls outside of the act's definition of Aboriginals?

A)Inuit
B)mulattos
C)Métis
D)members of a First Nation

Question 78

Which of the following briefly defines pay equity?

A)the right to equal pay for equal work
B)the right of workers with disabilities to be paid the same as other workers
C)the right of females to be paid the same as males
D)the right to equal pay for work of equal value

Question 79

Diversity efforts sometimes meet with resistance. From which of the following groups does backlash come?

A)from white males
B)from undocumented workers
C)from older women
D)from middle managers

Question 80

Compared with men, women hold a limited number of the highest-ranking executive management positions in Fortune 500 firms in Canada. Which percentage of these positions do women hold?

A)almost 50 percent
B)about 40 percent
C)about 15 percent
D)about 5 percent