Deck 3: Foundations of Recruitment and Selection II

Question 1

According to the textbook, what is the purpose of employment equity?

A) to achieve equality in the workplace
B) to generate equal opportunity employers
C) to encourage diversity management
D) to promote unbiased and fair hiring practices

Answer 1

A

Question 2

Which of the following is a prohibited ground of discrimination?

A) culture
B) tattoos
C) weight
D) skin colour

Answer 2

D

Question 3

Within all Canadian jurisdictions, which of the following is a prohibited ground of employment discrimination?

A) criminal conviction
B) religion
C) family status
D) language

Answer 3

B

Question 4

Which of the following laws do NOT regulate recruitment and selection within an organization?

A) Canadian Charter of Rights and Freedoms
B) human rights legislation
C) constitutional law
D) criminal law

Question 5

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

A) women, visible minorities, Aboriginal peoples, and people with disabilities
B) visible minorities, Aboriginal peoples, and people with disabilities
C) immigrants, First Nations people, and people with physical handicaps
D) Aboriginal peoples, people with disabilities, and international students

Question 6

Which of the following is NOT covered by the Canadian Human Rights Act?

A) crown corporations
B) banks
C) Canada Post
D) BC labour laws

Question 7

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

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 8

Ann, who is four feet five inches tall, met with the manager of a liquor store to discuss employment as a cashier. The manager seemed receptive, and Ann left the store with the impression that the manager would call to arrange training. However, the manager hired someone else. When Ann asked, the manager said Ann was too short to do the job. What protection does Ann have under human rights law in this situation?

A) She is protected on the grounds of sex.
B) She is protected on the grounds of physical disability.
C) She is protected on the grounds of national origin.
D) She is protected on the grounds of source of income.

Question 9

Which of the following is NOT a step in developing and implementing an employment equity plan?

A) Monitor the changing composition of the internal work force over time.
B) Obtain government support for the employment equity effort.
C) Set representative targets for designated groups based on availability of qualified workers.
D) Make necessary changes to the employment equity intervention to bring designated groups up to future targets.

Question 10

With respect to recruitment and selection, what legislation has precedence over all other legislations?

A) constitutional law
B) human rights law
C) Canada labour law
D) employment equity legislation

Question 11

The Canadian Human Rights Commission received 889 complaints in 2009. What percentage of these complaints were related to discrimination of the disabled?

A) 18 percent
B) 28 percent
C) 38 percent
D) 48 percent

Question 12

What legal term states that there is a justifiable reason for a discriminatory employment practice or policy based on the necessity for business operations?

A) there is no justification for discrimination
B) employment equity
C) bona fide occupational requirement
D) affirmative action

Question 13

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

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 14

Individuals who are overweight tend to receive fewer job offers than others, even in cases where their appearance or size has no possible bearing on their work performance. Some employers continue to choose not to hire overweight individuals. What protection do job applicants have under human rights laws?

A) Overweight job applicants have no protection under human rights laws.
B) Protection based on physical disability, if it is medically diagnosed as a disability.
C) Protection based on compassionate grounds given that the weight was medically induced.
D) Protection is not available given that a bona fide occupational requirement can be established, therefore allowing for discrimination.

Question 15

Which of the following statements best defines discrimination?

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

Question 16

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

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

Question 17

Which interview question is legally valid?

A) How long have you lived in Canada?
B) What is your current address?
C) What is your maiden name?
D) Do you have child care arrangements?

Question 18

A clothing store is recruiting seasonal employees. It is October, and the successful candidates will be offered three months' work for the store's busiest season. One applicant with a solid background in retail sales appears to be pregnant. The supervisor decides not to hire her. What protection does the job applicant have under human rights law in this situation?

A) She is protected on the grounds of sex.
B) She is protected on the grounds of family status.
C) She is protected on the grounds of age.
D) She is protected on the grounds of marital status.

Question 19

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

A) Canadian Human Rights Tribunal
B) Canadian Human Rights Commission
C) Canadian Human Rights Labour Board
D) Human Resources Development Canada

Question 20

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?

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 21

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?

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

Question 22

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 human rights legal concept has emerged in this situation?

A) accommodation
B) adverse effect discrimination
C) employment equity
D) sufficient risk

Question 23

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 best define discrimination to the managers?

A) any employment rule, practice, or policy that has a negative effect on employees
B) the duty of an employer to put in place modifications to discriminatory employment practices
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.

Question 24

Which of the following is an example of indirect discrimination?

A) psychological inability of people to deal with persons with disabilities
B) requirements that an attendant in a women's locker room must be female
C) minimum scores on certain employment tests
D) minimum height or weight requirements for police forces

Question 25

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. There are many reasons that Ms. Jones may not have reported the problem over the 11 years. These could have ranged from fears of job loss, retaliation, and embarrassment to low self-esteem, questioning her abilities, and believing she would be unsuccessful in her complaint. As the HR manager, what do you need to do?

A) Develop policies and step-by-step procedures on your internal complaint process.
B) Immediately begin checking the actions of Ms. Jones's manager on a regular basis.
C) Rescue Ms. Jones from the situation.
D) File a complaint immediately with the Canadian Human Rights Commission.

Question 26

Which of the following is an example of effective practices for nondiscriminatory recruiting?

A) Post job advertisements only in-house.
B) Rely solely on seniority when promoting employees.
C) Rely on word-of-mouth advertising.
D) Use outreach recruiting.

Question 27

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 Ms. Jones's situation, what factors would help management define whether the behaviours are discrimination?

A) The behaviours interfere with job performance by creating an intimidating environment.
B) The behaviours are unethical and unprofessional.
C) The behaviours are a misuse of supervisory authority.
D) The behaviours are socially and morally irresponsible.

Question 28

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.
What protection does Bill have under human rights law in this situation?

A) Bill is not being discriminated against as public safety requires a high standard of driving skills.
B) Bill is protected on the grounds of physical disability.
C) Bill is protected by employment equity legislation.
D) Bill is not being discriminated against as driving requires quick response of his hands and feet.

Question 29

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?

A) Behaviour that is based on a condition of employment.
B) Behaviour that is a misuse of supervisory authority.
C) Behaviour that is nonverbal and limited to only a few incidents.
D) Behaviour that is unintended.

Question 30

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

A) Were you born in Canada?
B) Are you legally entitled to work in Canada?
C) What is your name on your birth certificate?
D) Is French your first language?

Question 31

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 legal protected ground may be violated in this situation?

A) sex
B) ethnic origin
C) religion
D) race

Question 32

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?

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

Question 33

When the selection rate for a protected group is lower than that for the relevant comparison group, what might potentially occur?

A) discrimination
B) adverse impact
C) adverse effect discrimination
D) direct discrimination

Question 34

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 new legislation will affect KM Contracting's hiring practices?

A) civil law
B) industry codes of conduct
C) privacy legislation
D) Internet security laws

Question 35

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?

A) federal
B) provincial
C) national
D) international

Question 36

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?

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 37

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?

A) the employer
B) the employee
C) the manager
D) the employer and manager

Question 38

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?

A) that the absence of arthritis was a bona fide occupational requirement for private bus drivers
B) that the medical exam was well established and valid as a screening and selection tool
C) that the medical exam was consistent and reliable as a screening and selection tool
D) that physical ability was a bona fide occupational requirement for a private bus driver

Question 39

What best describes the four-fifths rule?

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 40

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. The HR manager must follow many steps concerning Ms. Jones's situation. What step does NOT need to be considered?

A) Clarify and ensure acceptance of discrimination and complaint policies and procedures.
B) Treat all situations and complaints seriously, and investigate immediately.
C) Do not intervene in situations of possible discrimination unless there has been a formal complaint.
D) Meet with and document discussions with all involved employees.

Question 41

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.

Question 42

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 human rights legal concept has emerged in this situation?

A) reasonable accommodation
B) direct discrimination
C) employment equity
D) racial discrimination

Question 43

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

Question 44

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 legally protected ground seems to be violated in this situation?

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

Question 45

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 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 human rights legal concept has emerged in this situation?

A) individual accommodation
B) direct discrimination
C) employment equity
D) adverse effect and reasonable accommodation

Question 46

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.

Question 47

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

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 48

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

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

Question 49

Since the aviation industry is a federally regulated industry in Canada, airline company operations fall under the jurisdiction of federal law.

Question 50

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. There are many actions the HR manager can take. What would be an important initial step to deal with this situation?

A) Adopt employment equity policies and practices.
B) Ensure valid and reliable job-related criteria are used to assess applicants.
C) Educate management on harassment prevention policies and practices.
D) Initiate problem solving through a formal internal complaint process.

Question 51

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

Question 52

Constitutional law becomes an issue only when recruitment or selection practices are challenged in a human rights tribunal or court.

Question 53

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 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 actions could the HR manager have taken to avoid any concerns about privacy and reference checks?

A) not conduct references as they are not a good source of information about applicants
B) ensure that reference checks are conducted by only the HR manager and that they do not include friends or family
C) not withhold referees' identities and comments from the applicant
D) have candidates sign a waiver allowing the employer to contact references

Question 54

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 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. Under which jurisdiction does TS Inc. fall?

A) federal
B) provincial
C) national
D) international

Question 55

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 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?

A) age
B) family status
C) religion
D) marital status

Question 56

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 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?

A) the Employment Standards Act and labour law
B) the Employment Equity Act and privacy legislation
C) provincial human rights law and the Canadian Charter of Rights and Freedoms
D) the Canadian Human Rights Act and privacy legislation

Question 57

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?

A) the Employment Standards Act and labour law
B) the Employment Equity Act and Canadian Human Rights Act
C) provincial human rights law and labour law
D) the Canadian Human Rights Act and the Canadian Charter of Rights and Freedoms

Question 58

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

Question 59

It is appropriate to ask potential employees for a listing of all their disabilities, limitations, or health problems.

Question 60

Direct discrimination occurs when an employer adopts a practice or rule that on its face discriminates on a prohibited ground.

Question 61

Define discrimination and describe some of the areas in recruitment and selection that can be discriminatory.

Question 62

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.

Question 63

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.

Question 64

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

Question 65

Define and give an example of three discrimination prohibitions.

Question 66

Describe some practical guidelines for HR managers to ensure that recruitment and selection practices are nondiscriminatory.

Question 67

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.

Question 68

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

Question 69

Define and give an example of three important legal concepts in recruitment and selection.

Question 70

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

Question 71

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

Question 72

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.

Question 73

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).

Question 74

When a manufacturer decides not to hire women in areas requiring heavy lifting, this is an example of indirect discrimination or adverse impact discrimination.

Question 75

Reasonable accommodation refers to the duty of an employer to put in place modifications to discriminatory employment practices or procedures to meet the needs of members of a protected group being affected by the employment practice or procedure.