Deck 2: The Changing Legal Emphasis: Compliance and Impact on Canadian Workplaces

Question 1

Which of the following statements about the Charter of Rights and Freedoms is true?

A) The federal government is the ultimate interpreter of the Charter.
B) The Charter guarantees the right to paid employment.
C) The Charter specifically prohibits unintentional discrimination in employment situations.
D) The Charter provides for minority language education rights and the right to live and work anywhere in Canada.
E) The Charter guarantees the right to strike.

Answer 1

D

Question 2

A company that is ready to launch its operations to other countries purposely passes over some employees for related management positions,feeling their ethnic background would hinder the development of relationships and sales.This is a direct violation of the

A) Citizen Rights Act.
B) Employment Standards Act.
C) human rights legislation of the applicable province or territory.
D) employment equity legislation of the applicable province or territory.
E) health and safety legislation of the applicable province or territory.

Answer 2

C

Question 3

Minimum height and weight requirements that screen out disproportionate numbers of women and people from Asia are an example of which of the following concepts?

A) Cultural discrimination
B) Unintentional or systemic discrimination
C) Intentional discrimination
D) Direct discrimination
E) Discrimination by association

Answer 3

B

Question 4

The Charter of Rights and Freedoms and the rights it contains,such as freedom of association,apply to

A) actions of the federal government only.
B) actions of the municipal governments only.
C) actions of the federal, provincial/territorial, and municipal governments.
D) actions of the provincial/territorial governments only.
E) actions of the public government only.

Question 5

Asking female factory-position applicants to demonstrate their lifting skills and not asking any male candidates to do so is an example of

A) discrimination on the basis of age.
B) discrimination on the basis of sex.
C) discrimination on the basis of association.
D) a permissible employment practice.
E) unintentional discrimination.

Question 6

Human rights legislation

A) primarily affects compensation and selection.
B) prohibits intentional discrimination only.
C) protects every person residing in Canada.
D) is quite limited in scope.
E) is critically important to HR specialists, but has a relatively insignificant impact on supervisors and managers throughout the firm.

Question 7

Samantha sends four of her five employees for time management training.She does not send Larry as she feels Larry is too old and therefore "stuck in his ways." What is this an example of?

A) Discrimination on the basis of association
B) Intentional discrimination in the form of differential or unequal treatment
C) Constructive discrimination
D) Systemic discrimination
E) Unintentional discrimination on the basis of association

Question 8

The primary objective of most employment legislation in Canada is to prevent employers from exploiting paid workers.

Question 9

Establishing minimum employee entitlements is most closely associated with

A) employment equity legislation.
B) the Charter of Rights and Freedoms.
C) pay equity legislation.
D) human rights legislation.
E) employment standards legislation.

Question 10

Requesting that an employment agency refer only male candidates for consideration as management trainees is an example of

A) discrimination on the basis of sex.
B) discrimination on the basis of association.
C) systemic discrimination.
D) reverse discrimination.
E) a permissible employment practice.

Question 11

Contract law governs collective agreements and individual employment contracts.

Question 12

A company with employees in different provinces/territories must monitor the legislation in each of those jurisdictions because

A) legislation often remains the same over time.
B) legislation changes and it may vary from one jurisdiction to another.
C) it is required under the Canadian Charter of Rights and Freedoms.
D) it is required under Constitutional Law.
E) legislation has commonalities across jurisdictions.

Question 13

All jurisdictions in Canada prohibit discrimination on the grounds of

A) national or ethnic origin, race, and family status.
B) criminal history, sex, and creed or religion.
C) length of employment, race, and marital status.
D) race, sexual orientation, and marital status.
E) sexual orientation, ancestry or place of origin, and family status.

Question 14

The government in each jurisdiction has created special regulatory bodies to enforce compliance with the law and aid in its interpretation.Two such bodies are the

A) human rights commission and labour unions.
B) ministry of labour and the HRSDC.
C) ministry of labour and labour unions.
D) employment equity commission and ministry of labour.
E) human rights commission and ministry of labour.

Question 15

Which of the following statements describe the Charter of Rights and Freedoms accurately?

A) The Charter establishes minimum terms and conditions of the employment relationship.
B) The Courts of Appeal are the ultimate interpreters of the Charter.
C) The Charter allows laws to infringe on Charter rights if they can be demonstrably justified as reasonable limits in a free and democratic society.
D) Employment standards legislation supersedes the Charter.
E) It applies to employees in certain provinces only.

Question 16

Kareem and his wife became first-time parents.Kareem's manager was going to promote him to Assistant Manager but since there would be travel involved,the manager promoted another employee who would not have as much responsibility at home.What is this an example of?

A) Constructive discrimination
B) Discrimination on the basis of association
C) Discrimination on the basis of sexual orientation
D) Systemic discrimination
E) Reverse discrimination

Question 17

The Charter of Rights and Freedoms

A) is part of the Constitution Act of 1992.
B) is province/territory-level legislation.
C) is primarily judge-based law.
D) takes precedence over all other laws.
E) is fairly limited in scope.

Question 18

The Charter of Rights and Freedom applies to actions at which level(s)of government?

A) Municipal
B) Provincial
C) Federal
D) Territorial and municipal
E) Federal, provincial and territorial, and municipal

Question 19

Deliberately refusing to hire,train,or promote an individual based on any of the prohibited grounds is an example of

A) intentional discrimination.
B) proactive recruitment.
C) systemic discrimination.
D) unintentional discrimination.
E) a permissible employment practice.

Question 20

An employer requesting that an employment agency refer only male candidates for consideration as management trainees is an example of

A) unintentional discrimination.
B) constructive discrimination.
C) systemic discrimination.
D) discrimination because of association.
E) intentional discrimination indirectly through another party.

Question 21

Job evaluation systems that undervalue jobs traditionally held by women are an example of systemic discrimination.

Question 22

According to the textbook,evidence of pervasive patterns of differential treatment against the designated groups specifically includes

A) higher promotion rates.
B) higher voluntary turnover rates.
C) sexual harassment.
D) overemployment.
E) underemployment.

Question 23

Adherence to the tenets of the Roman Catholic Church when selecting faculty to teach religion in a Roman Catholic School is an example of

A) undue hardship.
B) reasonable accommodation.
C) intentional discrimination.
D) a bona fide occupational requirement.
E) systemic discrimination.

Question 24

Which of the following is true regarding the concept of undue hardship?

A) Employers are not expected to accommodate to the point of undue hardship.
B) Failure to make every reasonable effort to accommodate employees is a violation of human rights legislation in all Canadian jurisdictions.
C) The concept of undue hardship is very clear and not open to interpretation.
D) Employers are required to completely alter the essence of the employment contract.
E) The scope of the duty to accommodate has recently been clarified by the Ministry of Labour.

Question 25

An example of systemic discrimination is

A) internal or word-of-mouth hiring policies in workplaces that have embraced diversity.
B) job-related employment tests that do not have subgroup differences.
C) job evaluation systems that are not gender-neutral.
D) refusing to hire persons convicted of a crime in Canada.
E) refusing to hire persons of different ethnic origins.

Question 26

Equal pay for equal work specifies that

A) there can be no pay discrimination on the basis of race.
B) there can be no pay discrimination on the basis of age.
C) jobs with similar titles must be paid the same.
D) all people doing the same job should receive the same pay.
E) an employer cannot pay male and female employees differently if they are performing the same or substantially similar work.

Question 27

One group identified as having been subjected to pervasive patterns of differential treatment by Canadian employers,referred to in employment equity legislation as designated groups,include

A) men.
B) visible minorities.
C) senior citizens.
D) married persons.
E) uneducated adults.

Question 28

Which of the following statements is accurate about reasonable accommodation?

A) Accommodation well short of the point of undue hardship to the employer is acceptable in certain circumstances.
B) An employer is only required to accommodate in the case of discrimination on the basis of gender.
C) Employers are expected to redesign a workstation to enable an individual with a physical disability to do a job.
D) Employers are not expected to adjust work schedules to accommodate religious beliefs.
E) Employers are not expected to adjust employment policies and practices if discrimination is found.

Question 29

Saleem is a new immigrant to Canada with a master's degree in management.Despite his qualifications,Saleem has worked as a Clerk in the shipping department of a company for the last year.This is most likely an example of

A) occupational segregation.
B) a BFOR.
C) underemployment.
D) positive discrimination.
E) justifiable discrimination.

Question 30

What is a bona fide occupational requirement (BFOR)? Define the term and give an example of a BFOR for a truck driver.

Question 31

The existence of certain occupations that have traditionally been performed by males and others that have been female dominated is known as

A) gender concentration.
B) occupational segregation.
C) the glass ceiling.
D) underemployment.
E) underutilization.

Question 32

If a company classifies male employees as Administrators and female employees doing the same work as Clerks and provides higher wage rates for Administrators,then the company is violating the

A) collective agreement.
B) principle of equal pay for equal work.
C) gender-based discrimination principle.
D) Income Tax Act.
E) Diversity Management Act.

Question 33

A company has a job evaluation system that is not gender-neutral; that is,it undervalues traditional female-dominated jobs.This is an example of

A) discrimination on the basis of age.
B) unconstructive discrimination.
C) direct discrimination.
D) intentional discrimination.
E) systemic discrimination.

Question 34

Airlines are legally permitted to

A) indicate a hiring preference for single persons as flight attendants.
B) indicate a hiring preference for single persons as pilots.
C) indicate a hiring preference for women as flight attendants.
D) exclude pregnant women from applying as flight attendants.
E) exclude blind persons from being employed as a pilot.

Question 35

A justifiable reason for discrimination based on business necessity is known as

A) reasonable accommodation.
B) permissible indiscrimination.
C) unreasonable accommodation.
D) reverse discrimination.
E) a bona fide occupational requirement.

Question 36

Employment equity legislation aims to

A) bring the six traditionally disadvantaged groups into the mainstream of Canada's labour force.
B) remove employment barriers and promote equality for women, visible minorities, aboriginal people, and persons with disabilities.
C) promote unqualified people on the basis of gender, race, and disability.
D) remove employment barriers and promote equality for people who have been discriminated against based on association and political belief.
E) remove employment barriers and promote equality for people who have been discriminated against based on sexual orientation, marital status, and age.

Question 37

Two job ads for a store clerk position are posted on Craigslist.One is for a small corner store that employs only two clerks.The other is for a large department store chain.Both ads say "must be available to work on Saturday." A qualified individual whose religious observances mean they are unavailable for work on Saturday applies for each job.Describe the employer's responsibility for reasonable accommodation in this case,and why you think the employer would be expected to accommodate the job applicant in each case.

Question 38

Which of the following statements about equal pay for equal work legislation is true?

A) The principle "equal pay for equal work" makes it illegal to discriminate through pay on the basis of disability status.
B) The principle "equal pay for equal work" makes it illegal to discriminate through pay on the basis of age.
C) The principle "equal pay for equal work" makes it illegal to discriminate through pay on the basis of ethnicity.
D) The principle "equal pay for equal work" makes it illegal to have pay differences based on seniority systems.
E) Every jurisdiction in Canada has legislation incorporating the principle of equal pay for equal work.

Question 39

Identify five prohibited grounds of discrimination and describe how ONE of the five you identify can be the source of constructive discrimination.

Question 40

Define and give an example of 1)intentional discrimination and 2)unintentional discrimination-also known as constructive or systematic discrimination.

Question 41

Identify the four designated groups under Employment Equity legislation.For each of the four designated groups,describe the way in which the group is under-represented in the workforce today.

Question 42

According to the textbook,the first step in the employment equity process is

A) creating an employment equity policy statement, which should be filed in the company's HR policies and procedures manual.
B) appointing a senior official with the authority to discipline those failing to comply.
C) creating an employment equity committee.
D) ensuring that senior management will be responsible for the implementation process.
E) the demonstration of senior management commitment and support.

Question 43

Guidelines for implementing a harassment policy should include

A) a permissible harassment policy statement.
B) information for victims (for example, identifying and defining harassment).
C) support for alleged harassers.
D) support for retaliation against complainants.
E) permissible harassment policy procedures.

Question 44

The last step in the employment equity process is

A) obtaining senior-management commitment and support.
B) diversity training.
C) implementation.
D) monitoring, evaluating, and revising the plan.
E) data collection and analysis.

Question 45

The Supreme Court of Canada has made it clear that

A) it is solely the employee's responsibility to prevent harassment.
B) having a harassment policy is sufficient to prevent harassment claims.
C) supervisors can be held liable for failing to take action against harassment.
D) if harassment is occurring, supervisors can ignore it unless an employee reports it to them directly.
E) harassment by clients or customers is not the employer's responsibility.

Question 46

An employment equity program is designed to

A) reduce effects of a toxic environment.
B) increase occupational segregation.
C) achieve a balanced representation of designated group members.
D) reduce harassment and related complaints.
E) reduce effects of a poisoned environment.

Question 47

Susan is an employee who filed a sexual harassment claim against a fellow worker.Susan felt physically at risk and did not return to work until the matter was settled.After finding the alleged harasser guilty and having him removed from the company,the employer paid Susan for the time she was away from work.What is this an example of?

A) Human rights remedy
B) Constructive remedy
C) Proactive remedy
D) Systemic remedy
E) Restitutional remedy

Question 48

According to the textbook,a "poisoned" work environment is associated with

A) an occupational health and safety violation.
B) sexual annoyance.
C) a direct link to tangible job benefits.
D) a direct link to intangible job benefits.
E) toxic substances.

Question 49

Jim is a new employee.He makes unwelcome sexual remarks and jokes.His behaviour is offensive and intimidating to female employees.Jim's behaviour is an example of

A) undue hardship.
B) permissible behaviour until training has occurred.
C) permissible behaviour as long as it does not violate a policy.
D) sexual harassment.
E) a BFOR.

Question 50

The Personal Information Protection and Electronic Documents Act governs

A) the collection, use, and disclosure of personal information across Canada.
B) systemic remedies for harassment.
C) reasonable accommodations for the functionally illiterate.
D) tort law provisions.
E) employment equity programs.

Question 51

Which of the following is correct regarding harassment?

A) Harassment from clients or customers towards an employee is not the employer's responsibility once it has been reported.
B) Harassment is prohibited on all prescribed grounds in all jurisdictions and is a violation of reasonable accommodation.
C) Protecting employees from harassment is not part of the employer's responsibility.
D) If employers are aware of harassment that is occurring in their workplace, then they cannot be charged along with the alleged harasser.
E) Harassment includes unwelcome behaviour that demeans, humiliates, or embarrasses a person, and that a reasonable person should have known would be unwelcome.

Question 52

The advancement of women into senior management positions has been hindered by the existence of a "glass ceiling."

Question 53

Which of the following statements is true about human rights enforcement procedures?

A) Enforcement of human rights acts is the responsibility of the Ministry of Labour.
B) All costs are borne by the complainant, not the commission.
C) A human rights commission can initiate a complaint if it has reasonable grounds to believe that a party is engaging in a discriminatory practice.
D) Filing a human rights complaint involves significant employee costs making the process not very accessible to employees.
E) Employers do not have a duty to investigate informal discrimination accusations filed against them.

Question 54

A supervisor informing an employee that refusal to grant sexual favours will result in a poor performance rating is an example of

A) executive privilege.
B) sexual coercion.
C) a job-related annoyance.
D) sexual annoyance.
E) undue hardship.

Question 55

Men are under-represented in engineering,natural sciences,and mathematics.

Question 56

The Federal Contractors Program requires firms bidding on federal contracts of $100 000 or more to implement an employment equity plan.

Question 57

Under equal pay for equal work legislation,pay differences based on a valid merit or seniority system or employee productivity are permitted.

Question 58

Which of the following statements is true?

A) Human rights legislation prohibits discrimination against all Canadians only in the area of employment.
B) The human rights tribunal has the power to award damages to a person who has been discriminated against in hiring and can fine employers who violate human rights protections, but cannot order an employer to employ someone.
C) It is legally permissible for a bus company to require new drivers to be between the ages of 24 and 35 for the business purpose that newly hired drivers will get the least favourable routes and must therefore be young enough to cope with stress.
D) Systemic remedies include payment for lost wages.
E) The human rights tribunal has the power to order an employer to give a position to an individual who has been discriminated against and also has the power to order financial compensation for pain and suffering.

Question 59

Employers are grappling with the problem of how to balance employee privacy rights with their need to monitor the use of technology-related tools because

A) employers are trying to understand how to use technology to increase employee productivity.
B) employers want to enable employees to respond to work issues when they are at home and on weekends.
C) employers must maintain the ability to effectively manage their employees and prevent liability to the company, which can be held legally liable for the actions of its employees.
D) employers want employees to voluntarily maintain the organization's social media accounts.
E) employers fundamentally do not trust their employees.

Question 60

Making derogatory comments implying sexual unattractiveness can constitute sexual harassment if the person making such comments continues to do so after being asked to stop.

Question 61

ABC Company has installed video surveillance equipment throughout its premises,including in the employee washrooms,in order to prevent theft of company equipment and supplies.What would the likely result be if employees object?

A) Courts would uphold the right of ABC company to install video surveillance equipment anywhere on its property.
B) Courts would deny the right of ABC company to install video surveillance equipment anywhere on its property because it is an invasion of employee privacy.
C) If the company could demonstrate evidence of widespread employee theft, then the surveillance system would be allowed.
D) Courts would refuse to rule because they are not involved in surveillance cases.
E) Courts would ask if there is a less invasive way to monitor employees and request other means to be used.

Question 62

A company policy that allows for the monitoring of employee use of the internet on company computers is a violation of the privacy rights of employees.

Question 63

XYZ is a technology company.In the lobby of its corporate office,it has a large-screen television that profiles employees who work at XYZ.Employees are asked to supply their name,business title,and their favourite hobby.The collection of employee information for this purpose

A) is a violation of PIPEDA and would never be allowed.
B) can be made a mandatory condition of continued employment at XYZ.
C) is allowed as long as the hobby listed does not contain any information that is defamatory or would otherwise harm the image of the employer.
D) is allowed as long as everyone participates without discrimination based on age, race, or sex.
E) is allowed if employees give their consent.

Question 64

In general,courts in Canada have permitted electronic monitoring (e.g.,tracking the websites that employees are visiting)as long as there is proper balancing of opposing interests.

Question 65

Courts have generally decided that video surveillance is not reasonable and that other means could be used.