Deck 4: Legal Requirements and Managing Diversity

Question 1

The impact of the Charter of Rights and Freedoms on human resource and industrial relations issues has been important but limited so far.

Answer 1

True

Question 2

The Canadian Human Rights Act seeks to guarantee equality before the law for every Canadian.

Answer 2

False

Question 3

Legal direct discrimination is called bona fide occupational requirement.

Answer 3

True

Question 4

The Canadian Human Rights Act seeks to provide individuals with equal employment opportunities without being hindered by prohibited grounds such as sex, race, religion, colour, or disability.

Question 5

Allowing an employee who has just joined a relatively obscure religious organization to take off on a busy work day for a special religious observance would be considered "undue hardship" and can be safely refused.

Question 6

Ontario Human Rights Commission's discrimination policy on the basis of pregnancy now includes protection for women trying to become pregnant.

Question 7

It is illegal to have separate measurement and performance standards for men and women, regardless of the reason.

Question 8

Legal intentional discrimination is often referred to as occupational pro forma employment requirements.

Question 9

One problem with human rights legislation is that it makes it very difficult for employers to reward performance or penalize poor productivity.

Question 10

A lack of explicit anti-harassment policies in an organization could be an example of indirect discrimination.

Question 11

The impact of the Charter of Rights and Freedoms extends beyond those dealing with federal and provincial governments because every law can be challenged in court.

Question 12

Human rights legislation prohibits discrimination in employment under all circumstances.

Question 13

The Canadian Charter of Rights and Freedoms is the most far-reaching legal challenge for human resource managers.

Question 14

The Canadian Charter of Rights and Freedoms gives every Canadian the right to live and work anywhere in Canada.

Question 15

Although it is unlawful to discriminate in recruiting or hiring men and women, it is not unlawful to have separate policies for men and women.

Question 16

Section 2 of the Charter guarantees freedom of association

Question 17

Asking for women only to apply for the position of attendant in a women's health club is an example of a BFOQ.

Question 18

All federal and provincial human rights legislation in Canada specifically prohibits discrimination based upon political belief.

Question 19

An example of indirect discrimination could be weight or height requirements for employment.

Question 20

Human resource managers have to ensure that all long-range strategic plans impacting staff and staffing are aligned with employment equity requirements.

Question 21

If an employee needs time off for voluntary family activities, such as extracurricular sporting events, the employer has a duty to accommodate the employee.

Question 22

When a job standard discriminates against a person under the Canadian Human Rights Act, the burden of proof rests with the individual, not the organization.

Question 23

An example of the old boys' network is when a group of male managers goes out for lunch with male executives, creating a "culture" of men and excluding women.

Question 24

The choice of words that an organization uses in its job ad can often impact the gender of applicants.

Question 25

Valuing diversity among team members can improve creativity and innovative problem solving.

Question 26

Only British Columbia and Saskatchewan have laws related to pay equity that cover the public and private sector.

Question 27

Protection against harassment can exist even outside the workplace if the incidents are employment-related.

Question 28

Obstructing a tribunal or failing to comply with settlement terms can be considered an offence punishable by a fine, jail sentence, or both.

Question 29

Ostracism, whether subtle or overt, is a form of bullying against which most organizations have harassment policies.

Question 30

The unwritten "rules" about interacting with others within a society have remained unchanged for decades.

Question 31

Human resource specialists only need to be concerned about employment equity plans when engaging in recruitment, selection, or compensation functions.

Question 32

Despite fulfilling the spirit of the law, employment equity programs are guilty of reverse discrimination when they give preference to people based upon their race, sex, or colour.

Question 33

Secondary dimensions of diversity such as education, family status, language, and even income levels shape our values, expectations, behaviours, and experiences.

Question 34

The existing values, norms, and patterns of interactions among managers enhance the career growth of women and minority persons beyond a certain level.

Question 35

Awareness training educates employees on specific cultural differences and how to respond to these differences at work.

Question 36

Firing an employee for drug or alcohol dependency can be considered as discrimination in some cases.

Question 37

One way to ensure that managers are accountable for inclusion is to link inclusion initiatives to business goals.

Question 38

Having embarrassing photos or videos taken at a work event then uploaded to a social media site is an example of cyber-bullying.

Question 39

An employer who retaliates against an employee for exercising rights under the Human Rights Act is wrong but cannot currently be charged with any offence under the law.

Question 40

Employment Equity has designated six target (or protected) groups within Canada.

Question 41

The voluntary adjustments to work that allow employees with special needs to perform their job effectively are called:

A) BFOQ
B) reasonable accommodation
C) adjusted requirements
D) systemic changes
E) reverse discrimination

Question 42

In Canada, intentional discrimination for a justified business reason is called:

A) systemic discrimination
B) affirmative action
C) reasonable accommodation
D) bona fide occupational requirement
E) ad hoc accommodation

Question 43

When an allegation of discrimination in employment is made, the Canadian Human Rights Commission can do which of the following?

A) order violators to restore the rights, opportunities, and privileges denied the victim
B) recommend mediation
C) provide a ruling on the case
D) apply fines and jail sentences
E) outline how much compensation violators must provide to victims

Question 44

A company with 20 or more employees bidding on contracts for goods and services of $300,000 or more will be subject to the employment equity criteria listed in the Act

Question 45

Human resource specialists are concerned with human rights legislation for which of the following reasons?

A) changes in production technology have increased the importance of human capital
B) legislation and regulations affect the employment relationship
C) the Charter of Rights and Freedoms has limited reach
D) the Canadian labour market is undergoing rapid and continuous transformation
E) to establish who is legally responsible for organizational activities

Question 46

Managing diversity recognizes that an organization is a mosaic where employees with varying beliefs, culture, values, and behaviour patterns come together to create a whole organization.

Question 47

Human rights legislation differs from other employment related laws and regulations because it:

A) is limited in scope and application
B) affects nearly every human resource function
C) is applied at an organization's discretion
D) has nation-wide jurisdiction
E) consists of both federal and provincial laws

Question 48

One of the most common forms of cyberbullying that occurs is to send defamatory remarks to or about a colleague.

Question 49

Which of the following are reasons that employers often enact employment equity programs?

A) open discrimination can lead to negative publicity
B) excluding an entire group of people limits the number of people available to work
C) apparent or perceived discrimination can lead to government intervention
D) perceived discrimination can lead to consumer boycott
E) they have been told to by the federal and provincial government

Question 50

Employee drug and alcohol dependencies are considered to be?

A) cause for immediate dismissal
B) a designated group protected by the Employment Equity Act
C) disabilities covered under the AODA legislation
D) beyond the point of undue hardship
E) problems that workers need to address on their own

Question 51

A support group is a group of employees who provides emotional support to new employees that shares a common attribute with the group.

Question 52

Two important factors that influence the decision for older workers to remain in the workforce are the increased health of older workers and the decline in pension coverage.

Question 53

When moving towards an inclusive environment, which of the following is a step that organizations should take?

A) analyze the model to be followed
B) identify challenges for diverse workers
C) examining "people analytics"
D) outline the importance of human capital
E) acknowledge the changing workforce

Question 54

Indirect or systemic discrimination occurs when:

A) discrimination is intended but hidden and applied subtly.
B) employment practices exclude specific groups for reasons that are not job-related.
C) bona fide occupational requirements are permitted.
D) particular groups are not hired because there are specific safety or efficiency related reasons.
E) organizational policies forbid the hiring of people based solely on race or sex.

Question 55

Which of the following is focused on training employees to develop their understanding of the need to manage and value diversity?

A) conflict management training
B) skill-building training
C) establishing communication standards
D) awareness training
E) process training

Question 56

Communication standards help organizations to avoid offending members of different sex/gender, racial, ethnic, age, or other groups.

Question 57

Hiring people with disabilities leads to higher productivity but decreases morale.

Question 58

Due to globalization, most employers now measure the impact, efficiency, and return on investment of their diversity initiatives.

Question 59

The Canadian Charter of Rights and Freedoms is part of the:

A) BNA act of 1867
B) Constitution Act of 1982
C) Declaration of Independence
D) Canadian Human Rights Act (1977)
E) Canadian Immigration Act

Question 60

The most valuable parts of a firm's operation may be reflected in human tasks of sensing, judging, and making decisions.

Question 61

According to a Canadian Human Rights Tribunal, which of the following is a characteristic of sexual harassment?

A) encounters must be unsolicited but can be welcomed by the complainant
B) Conduct must be ongoing at the time of complaint
C) The complainant must be female
D) the respondent must have authority over the complainant
E) complainant co-operation must be due to employment-related threats or promises

Question 62

The courts have ruled that terminating someone's employment due to their age is:

A) discriminatory in all cases
B) not discriminatory for anyone over the age of 55
C) not discriminatory if the person has reached the normal retirement age for employees working in similar positions
D) only discriminatory when the worker is a member of a minority group
E) not discriminatory because age accurately reflects one's ability to perform at work

Question 63

Which of the following fundamental rights is addressed in The Canadian Charter of Rights and Freedoms?

A) freedom to be accommodated up to the point of undue hardship
B) freedom to prohibit discrimination
C) freedom from hunger and want
D) freedom of peaceful assembly
E) freedom to equal employment opportunities for members of protected groups

Question 64

Federal and provincial human rights legislation:

A) are completely identical
B) differ only slightly
C) Have some overlap but show significant differences
D) have no common elements between them
E) often contradict each other

Question 65

Which of the following policies should be implemented within an organization that has recently hired a transgender employee?

A) meet with the employee after an incident occurs
B) hold an information session with the transgender employee before they commence work
C) give the new employee their own washroom facilities
D) allow the employee to dress according to the dress code matching his or her gender identity
E) inform employees to use only gender-neutral pronouns

Question 66

Pay equity legislation attempts to:

A) import new skills to manage a diverse workforce
B) outline compensation requirements for victims of discrimination
C) provide more flexibility to employees
D) remedy the earnings gap between male and female employees
E) specify the lowest amount an employer can pay workers

Question 67

The purpose of the Charter of Rights and Freedoms is to:

A) provide moral guidance
B) provide a structure for human resource specialists
C) provide fundamental rights to Canadians
D) provide a framework for lawyers and their families
E) provide a safe working environment

Question 68

The Canadian Human Rights Act declares which of the following in response to charges of reverse discrimination?

A) that human resource departments must ensure the wage and salary systems are not discriminating according to sex
B) that organizations are responsible for avoiding the provision of preference to members of a protected class
C) that human resource managers are permitted to eliminate concentration and underutilization by any means necessary
D) that preferential treatment is considered non-discriminatory when fulfilling the spirit of the law
E) that preferential treatment for protected group members violates the employment equity act

Question 69

Systems and practices requiring modification during a diversity effort include which of the following?

A) compensation structure
B) bona fide occupational requirements
C) probationary processes
D) human resource accounting processes
E) performance management

Question 70

Why do governments often create special regulatory commissions and boards?

A) to avoid flooding the courts with complaints and minor infractions
B) because it takes considerable time for cases to reach the Supreme Court
C) to do a preliminary review of cases before sending them to the courts
D) because courts are refusing to hear cases regarding minor issues
E) because some sections of the Charter have caused a flood of litigation that will be difficult to resolve

Question 71

The Employment Equity Act of 1987 is specifically intended to remove employment barriers and promote equity for which of the following groups:

A) apprentices
B) senior workers
C) LGBTQ employees
D) people with disabilities
E) victims of harassment

Question 72

Which of the following is an example of direct discrimination?

A) psychological inability of people to deal with persons with disabilities
B) Reduction in shifts of a pregnant server in an effort to get the employee to quit
C) minimum scores on certain employment tests
D) minimum height or weight requirements for police forces
E) internal or word-of-mouth hiring policies

Question 73

Managers or supervisors who retaliate in any way against employees who have brought complaints under the Human Rights Act are:

A) committing a criminal act
B) enacting the principle of natural justice
C) concerned about underutilization
D) have approval to retaliate from the human rights commission
E) acting as good corporate citizens

Question 74

Which of the following is an example of an accommodation that would impose undue hardship on a small business

A) providing a sign language interpreter to interview a deaf candidate
B) putting in an elevator to the third floor of a home office to provide for a disabled job applicant
C) providing a step-stool or ladder for an employee who is a little person
D) altering dress codes to permit Indigenous people to wear braids
E) providing special telephone or computer equipment for a person who is hearing or visually impaired

Question 75

Which of the following considerations is relevant when determining whether an employer has suffered "undue hardship"?

A) the proportion of protected class members within the employer's labour market
B) the disruption to a collective agreement
C) the design of remedial programs
D) the employer's preference
E) the hierarchy of rights

Question 76

Canadian human rights legislation consists of:

A) federal and international acts
B) provincial and international acts
C) provincial acts but no federal law
D) federal and provincial acts
E) federal acts but no provincial law

Question 77

Establishing formal mentoring systems bring more predictability into diversity outcomes because they allow for greater accountability on the part of both __________ and __________.

A) organizations; mentors
B) protégés; organizations
C) mentors; protégés
D) mentors; senior management
E) senior management; protégés

Question 78

The Charter guarantees equality before the law, whereas the Canadian Human Rights Act seeks to provide_______.

A) women's rights
B) social welfare
C) equal employment opportunities
D) protection of Canada's multicultural heritage
E) Indigenous rights

Question 79

Which of the following prohibited grounds for discrimination are common to all human rights acts in Canada?

A) language
B) national or ethnic origin
C) age
D) family status
E) dependence on alcohol or drugs

Question 80

Legally actionable workplace harassment includes incidents or behaviours that occur under which of the following circumstances:

A) at any time or any place, regardless of whether it is employment-related
B) at any place, provided it occurred during working hours
C) at any time provided that it occurred at the workplace
D) at any time or anyplace if they are employment-related
E) only between supervisors and their immediate subordinates