Question 1

Which of the following statements best defines discrimination?

Accepted Answer

A)   the duty of an employer to put in place modifications to discriminatory employment practices
B)   any employment rule, practice, or policy that has a negative effect on employees
C)   the denial of opportunity to a person or class of people based on a group characteristic such as age, colour, race, religion, marital status, or mental or physical disability
D)   any unwelcome conduct or consequences that may detrimentally affect the work environment C

Question 2

What are the four legal means that affect employment practices in Canada? Identify and briefly describe each one.

Accepted Answer

Constitutional law is the supreme law of Canada. Human rights legislation prohibits discrimination in employment and the provision of goods and services. Employment equity legislation is an administrative mechanism set up in many Canadian organizations in response to federal employment equity legislation initiatives that are intended to promote the entry and retention of people from designated groups (women, visible minorities, Aboriginal peoples, and people with disabilities). Labour law, employment standards, privacy legislation and related legislation grant certain employment rights as well as impose a wide range of employment responsibilities and obligations to both employers and employees.
Refer to "Recruitment and Selection Notebook 3.1-Not All Legal Requirements Are the Same" on page 69.

Question 3

It is never acceptable to ask job candidates if they have a criminal record.

Accepted Answer

A) True 
 B)False  False

Question 4

Which of the following is NOT a prohibited ground of discrimination?

Accepted Answer

A)   culture
B)   race
C)   age
D)   religion

Question 5

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

Accepted Answer

A)   constitutional law, human rights law, employment equity, and labour law
B)   constitutional law, criminal law, civil law, and labour law
C)   criminal law, labour law, employment equity, and federal law
D)   human rights law, employment equity, labour law, and civil law

Question 6

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?

Accepted Answer

A)   the Canada Labour Code
B)   the employment equity Act
C)   provincial human rights law
D)   the Canadian Human Rights Act

Question 7

Collective agreements have little or no effect on personnel selection processes.

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

The answer of Describe one of the following employment legislations...

Question 9

Employment equity programs involve any human resource activities introduced into an organization to ensure equality for all employees in all aspects of employment, including recruiting, hiring, compensation, and training.

Accepted Answer

A) True 
 B)False

Question 10

To what two causes can the success or failure of recruitment be traced? Discuss three important questions an HR manager needs to ask to ensure that an organization's hiring process is legally defensible.

Accepted Answer

The answer of To what two causes can the success...

Question 11

What best describes the four-fifths rule?

Accepted Answer

A)   Any employment rule, practice, or policy that has a negative effect on a group protected under human rights legislation.
B)   The duty of an employer to put in place modifications to discriminatory employment practices.
C)   The selection rate for the protected group is less than four-fifths that of the comparison group.
D)   Four-fifths of discrimination situations are unintentional.

Question 12

What are the two necessary conditions for the Federal Contractors Program?

Accepted Answer

A)   Employers must have more than 10 employees and more than $200 000 of business with the federal government.
B)   Employers must have more than 50 employees and more than $500 000 of business with the federal government.
C)   Employers must have more than 75 employees and more than $1 000 000 of business with the federal government.
D)   Employers must have more than 200 employees and more than $3 000 000 of business with the federal government

Question 13

Why is the Renaud case from the Supreme Court of Canada important?

Accepted Answer

A)   It established that the employer was responsible to accommodate employees.
B)   It established that undue hardship was related to employee morale.
C)   It established that the union could be found to have discriminated against its employees.
D)   It established that sufficient risk needs to incorporate both financial and nonfinancial aspects.

Question 14

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).

Accepted Answer

A) True 
 B)False

Question 15

A school teacher has HIV and the parents of many of the students have asked that their children be transferred to another teacher or school. The school board has told the teacher that he must transfer to a position where he is not in contact with the children. Which statement is true of this situation?

Accepted Answer

A)   It is not discrimination because there is a safety concern for employees and students.
B)   It is not discrimination because the teacher would not be able to do his job.
C)   It is a violation of human rights legislation, based on physical disability.
D)   It is a violation of human rights legislation, based on sex.

Question 16

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

Accepted Answer

A)   adverse or direct discrimination
B)   selection testing
C)   bona fide occupational requirements
D)   sufficient risk

Question 17

What is employment equity? Which groups are affected by employment equity legislation? Does employment equity mean that unqualified individuals will be hired? What are the benefits of implementing employment equity in the workplace? Give an example of a specific strategy or equity practice an organization has used to increase employment equity.

Accepted Answer

The answer of What is employment equity? Which groups are...

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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?

Accepted Answer

A)   She is being sexually harassed, a form of discrimination.
B)   She is not being discriminated against as obesity is not one of the human rights prohibitions (unless it is diagnosed as a disability) .
C)   It is not a problem as a formal complaint has not been made over this 11-year period.
D)   She is being discriminated against based on age, sex, and family status.

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 3: Foundations of Recruitment and Selection II

Which of the following statements best defines discrimination?

What are the four legal means that affect employment practices in Canada? Identify and briefly describe each one.

It is never acceptable to ask job candidates if they have a criminal record.

Which of the following is NOT a prohibited ground of discrimination?

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

Collective agreements have little or no effect on personnel selection processes.

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

Employment equity programs involve any human resource activities introduced into an organization to ensure equality for all employees in all aspects of employment, including recruiting, hiring, compensation, and training.

To what two causes can the success or failure of recruitment be traced? Discuss three important questions an HR manager needs to ask to ensure that an organization's hiring process is legally defensible.

What best describes the four-fifths rule?

What are the two necessary conditions for the Federal Contractors Program?

Why is the Renaud case from the Supreme Court of Canada important?

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).

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

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

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