Deck 3: Planning

Question 1

Employment contracts may be written but not in oral form.

Answer 1

False

Question 2

The specificity of the language used in an employment contract must be very extensive.

Answer 2

False

Question 3

The purpose of laws and regulations is to give employees a reasonable power advantage in the employment relationshiPage:

Answer 3

False

Question 4

The employer-employee relationship is the most prevalent type of employment relationship

Question 5

Section 15 of the Charter identifies sexual orientation as a prohibited ground.

Question 6

Prohibited grounds are the same whether under federal or provincial jurisdiction.

Question 7

An employer does not incur any legal responsibilities or liabilities regarding its employees.

Question 8

Temporary employees are usually considered to be employees of the temporary help agency that obtained them through its own staffing process.

Question 9

The Constitution Act applies only to the federal government.

Question 10

The Canadian Human Rights Act protects all employees in Canada from discrimination in employment.

Question 11

Ownership of tools is one of the four tests defining the contractor/employer relationship

Question 12

If an employer hires an independent contractor,it may reduce the employer's exposure to laws and regulations governing the employment relationshiPage:

Question 13

Illegal discrimination involves treating people differently,negatively or adversely based on prohibited grounds.

Question 14

The Canadian Charter of Rights and Freedoms specifies prohibited grounds of discrimination.

Question 15

The Constitution of Canada is the supreme law of Canada,and any law that is inconsistent with its provisions,to the extent of the inconsistency,has no force or effect.

Question 16

Employment standards legislation specifies required minimum termination notice requirements in cases without just cause.

Question 17

Discrimination is not illegal if the employer did not intend to discriminate.

Question 18

Canadian jurisdictions do not recognize the principle of employment-at-will.

Question 19

The formal agreement which specifies the employment terms and conditions for the employee and employer is called an employment contract.

Question 20

An independent contractor is legally considered an employee of the employer who hired him/her.

Question 21

Accommodation should not involve undue hardship from the employer.

Question 22

The Employment Equity Act is designed to force employers to hire unqualified candidates in order to fill their required quotas.

Question 23

Progressive discipline is to help employers terminate unwanted employees.

Question 24

An established practice applied equally to all applicants that actually excludes some persons from jobs on prohibited grounds is called systemic discrimination.

Question 25

The four designated groups are women,disabled,visible minorities and francophones.

Question 26

Under human rights legislation harassment can only be claimed if it is sexual in nature.

Question 27

Employers' responsibilities for implementation of initiatives under the Employment Equity Act begin when complaints are received by the responsible human rights commission.

Question 28

A long standing job requirement that has a discriminatory effect is a bona fide occupational requirement.

Question 29

Asking a co-worker for a date is an example of illegal harassment.

Question 30

Employment standards legislation sets minimum standards and conditions such as minimum wage and statutory holidays.

Question 31

The Canada Labour Code regulates collective bargaining,union organizing and employment standards.

Question 32

The Canadian Human Rights Commission is responsible for enforcing the provisions of the Canadian Human Rights Act

Question 33

Progressive discipline is to help the employee understand that he/she is going to be terminated.

Question 34

The Canadian Human Rights Tribunal has final and binding authority over human rights complaints in federal jurisdiction.

Question 35

Alternative dispute resolution procedures are ways employees can appeal disciplinary actions.

Question 36

The employer has a duty to accommodate employees or candidates whose disability makes it impossible to perform essential functions of a job.

Question 37

PIPEDA deals with privacy of information held by employers and its lawful and unlawful use.

Question 38

BFORs may allow an employer to use a prohibited ground (e.g. ,gender)as the basis for hiring only certain categories of people for some jobs.

Question 39

The only jurisdiction with employment equity legislation in Canada is federal.No province has such a law.

Question 40

Progressive discipline is to help employees understand that an opportunity for improvement exists.

Question 41

Which of the following statements is true regarding independent contractors?

A)An independent contractor is a legal employee of the company which hired him/her.
B)Using an independent contractor increases the employer's exposure to laws and regulations governing the employment relationshiPage:
C)Using an independent contractor frees an employer from the tax withholding and benefit payment obligations it has for its employees.
D)Using an independent contractor substantially increases the right of the employer to control the contractor.

Question 42

Which of the following is (are)true regarding discrimination?

A)may be intentional.
B)may be indirect.
C)may be systemiC.
D)all of the above

Question 43

(p.81. )Ageism is an example of direct discrimination.

Question 44

Which of the following statements is true regarding the laws and regulations which govern the employment relationship?

A)Their purpose is to create a reasonable balance of power between the employer and employee.
B)Their purpose is to create a reasonable power advantage for employees.
C)Their purpose is to create a reasonable power advantage for employers.
D)Their purpose is to provide protections for employees only.

Question 45

The following terms are synonymous

A)human rights and employment equity
B)indirect and constructive discrimination
C)prohibited grounds and designated groups
D)direct and systemic discrimination

Question 46

Which of the following is true regarding temporary employees?

A)Temporary employees are considered to be employees of the employer which is using their services,not the temporary help agency.
B)During job assignments,temporary workers remain on the payroll of the employer.
C)Use of temporary workers can often raise issues of "co-employment."
D)All of the above are correct.

Question 47

Employment-at-will,

A)is a recognized principle in US law
B)is a recognized principle in Canadian law
C)supercedes employment standards legislation
D)none of the above

Question 48

The most prevalent form of the employment relationship is _______.

A)independent contractor
B)employer-employee
C)temporary employee
D)employer-employer

Question 49

Prohibited grounds for discrimination under federal jurisdiction include

A)sex
B)religion
C)pardoned offences
D)all of the above

Question 50

The primary source of common law is ______.

A)The Constitution
B)Federal statutes
C)Past court decisions
D)Federal agency guidelines

Question 51

Laws and regulations seek to provide special protections to employees including __________.

A)employment standards
B)individual rights
C)consistency of treatment
D)all of the above

Question 52

Detaining a group of people at the airport in San Francisco because one person is from Afghanistan is an example of discrimination based on association.

Question 53

Ageism is an example of systemic discrimination.

Question 54

principle The purpose(s)of Employment Equity is (are)to _______.

A)mandate quotas for designated groups
B)establish future guidelines for hiring
C)eliminate barriers for designated groups
D)substitute minorities for non-minority job incumbents

Question 55

The common law principle which states that,in the absence of any contract language to the contrary,either the employer or employee may terminate the employment relationship at any time is called _______.

A)employment-at-will
B)affirmative action
C)equal employment opportunity
D)a consent decree

Question 56

Human rights have their primary source in _______.

A)CHRC guidelines
B)federal statutes
C)provincial statutes
D)the Charter of Rights and Freedoms

Question 57

(p.76. )Canada now takes a contextualized approach to determining discrimination.

Question 58

It can be said of Employment Equity procedures that ______.

A)they are voluntary
B)they are mandatory for federally regulated employers
C)they never establish specific hiring goals
D)all of the above

Question 59

Regarding employment contracts,______.

A)both written and oral contracts are enforceable
B)their provisions must meet or exceed employment standards minima
C)must include consideration to be enforceable
D)all of the above are correct

Question 60

Which of the following is (are)NOT true regarding employment contracts?

A)They may consist of a written agreement.
B)They may consist of an oral agreement.
C)They are always extensive regarding terms and conditions of employment.
D)An example of an employment contract is a collective bargaining agreement.

Question 61

A practice that is established as an essential requirement of the job and is thus not discriminatory _____.

A)BFOR
B)job standard
C)Beaune a Fyed Standard
D)all of the above

Question 62

The concept of undue hardship puts limits on

A)the necessity for the employer to establish BFOR
B)an employer's duty to accommodate
C)the cost of bringing a human rights complaint
D)the prohibited ground of socioeconomic status

Question 63

The Meiorin case

A)established that "overqualified" was not a BFOR
B)established reasonable accommodation for religious observance in the RCMP
C)clarified the type of evidence required to apply for a BFOR
D)said that firefighters don't have to be strong

Question 64

When the same-sex marriage bill was passed,Prime Minister Paul Martin said,"This same-sex bill is about the Charter of Rights" Would you agree or disagree?

Question 65

The body with primary responsibility for enforcing the provisions of the Employment Equity Act is ______.

A)employers
B)Human Resources Professionals Association of Canada
C)Pay Equity Commission
D)the Canadian Human Rights Commission

Question 66

A business where all employees must be union members and new employees must be hired through the union is defines as a

A)closed shop
B)Rand formula workplace
C)union shop
D)none of the above

Question 67

Sexual harassment ______.

A)is not the same as discrimination
B)is a form of illegal discrimination under Canadian human rights
C)is the only form of discrimination recognized by human rights legislation
D)includes racial slurs

Question 68

What are the differences between staffing in the private and public sectors? Why would private employers probably resist adopting some of the laws that are mandated for the public sector.

Question 69

Where reasonable accommodations for disabled individuals are concerned,it can be said that _____.

A)accommodation is always required for an otherwise qualified individual
B)specific examples of accommodations are rarely indicated in laws and regulations
C)the issue of "undue hardship" to the employer is not addressed by the law
D)the need to accommodate often hinges on whether or not a given job function is necessary or essential

Question 70

Canada's approach to discrimination _____

A)has evolved over the years
B)is contextualized
C)mirrors what has occurred in the USA
D)only a and b are correct

Question 71

Systemic discrimination is one of the more complex ways in which racial discrimination occurs.What would be some of the subtle policies and practices that would put employees at a disadvantage because of their race.

Question 72

Ageism is _____

A)an example of harassment
B)an example of systemic discrimination
C)an example of direct discrimination
D)an example of constructive discrimination

Question 73

Do you agree that "the employer usually has the upper hand" when it comes to establishing the employment relationship? When might the employee have maximum power over the employer?

Question 74

The essence of a BFOR is that _______.

A)it is always illegal
B)it reduces discrimination
C)it justifies discrimination based on reasonable necessity of the job
D)it prohibits selection through use of a prohibited ground (e.g. ,gender)

Question 75

Progressive discipline is designed to help the employee _____

A)understand that he/she is being terminated
B)understand an opportunity for improvement exists
C)nderstand that a performance problem has been determined
D)both b and c are correct

Question 76

Which of the following is NOT a step in a Progressive Discipline System?

A)provide employees the right to legal counsel
B)give employees notice of the violation of the rules
C)provide employees the right to appeal
D)provide equal treatment for all employees

Question 77

The Canada Labour Code regulates elements of

A)collective bargaining
B)vacation pay
C)parental leave
D)all of the above

Question 78

Which of the following is NOT an approach to alternative dispute resolution?

A)negotiation
B)arbitration
C)management review
D)fact finding

Question 79

Detaining a group of people at the airport in San Francisco because one person is from Afghanistan is an example of _________

A)systematic discrimination
B)indirect discrimination
C)discrimination based on association
D)none of the above

Question 80

Where BFOR is concerned,the ultimate burden of proof lies ____.

A)with the employee
B)with the court
C)the human rights commission
D)with the employer