Deck 4: Legal Requirements and Managing Diversity

Question 1

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

Answer 1

False

Question 2

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

Answer 2

False

Question 3

The Supreme Court has held that the Canadian Charter does not include the right to strike or to collectively bargain.

Answer 3

True

Question 4

When the Charter came into effect it was hoped the impact would be substantial in strengthening human resource and industrial relations issues,but the impact has actually been modest so far.

Question 5

Every human rights act in Canada specifically prohibits discrimination based upon political belief.

Question 6

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

Question 7

The Charter can override any existing law or statute.

Question 8

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

Question 9

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

Question 10

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

Question 11

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 12

Legal direct discrimination is called bona fide occupational requirement.

Question 13

Human rights legislation prohibits discrimination in employment under all circumstances.

Question 14

If a supervisor is abusive to all employees,it is more difficult for a single employee to prove discrimination.

Question 15

The Charter of Rights and Freedoms specifically discusses aboriginal rights but not rights of gay/lesbians.

Question 16

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

Question 17

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 18

The Canadian Human Rights Act seeks to provide equal employment opportunities without regard to sex,race,religion,colour,or disability.

Question 19

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

Question 20

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

Question 21

Cultural conventions and values create a "system" when interacting with others and reduce uncertainty for individuals in a society.These largely unwritten rules themselves are not changing and the cultures that follow them are resistant to change.

Question 22

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 23

One problem with the Canadian Human Rights Act is that when a job standard discriminates against a person under the Act,the burden of proof rests with the individual,not the organization.

Question 24

Tying diversity initiatives to business goals and incorporating diversity goals into performance standards ensures the accountability of managers for diversity.

Question 25

Despite the existence of the old boys' network,women within the judicial system do not find themselves subject to this form of harassment.

Question 26

Pay equity legislation is concerned with the concept of "equal pay for equal work."

Question 27

Recruiting,selection,and compensation are the three human resource functions affected by employment equity plans.

Question 28

In order to manage and motivate a diverse workforce current industry practices have several forms of training including diversity training programs,awareness training,and skill-building training.

Question 29

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

Question 30

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

Question 31

Despite their purpose,employment equity programs are considered as being legally guilty of reverse discrimination when they give preference to people based upon their race,sex,or colour.

Question 32

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

Question 33

It is an offence punishable by jail time to obstruct or fail to comply with a human rights tribunal.

Question 34

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

Question 35

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

Question 36

Task accomplishments that have been assigned to work teams have enabled firms to distance themselves from the competitors and safeguard their longevity.

Question 37

Nepotism can be a form of discrimination based on family status.

Question 38

Several secondary dimensions of diversity inclusive of education,family status,language,and even income levels play important roles in shaping our values,expectations,behaviours,and experiences.

Question 39

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

Question 40

The existing values,norms,and patterns of interactions among managers may also act as a pathway that enhances the career growth of women and minority persons beyond a certain level.

Question 41

Which of the following are reasons that employers often voluntarily 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 courts or fall under government regulations

Question 42

Which of the following fundamental rights is NOT addressed in The Canadian Charter of Rights and Freedoms?

A)freedom of conscience and religion
B)freedom of thought,belief,opinion,and expression
C)freedom from hunger and want
D)freedom of peaceful assembly
E)freedom of association

Question 43

Federal Court rulings have indicated that drug and alcohol dependencies:

A)can be grounds for immediate dismissal
B)are not covered in any sense under the Canadian human rights act
C)can be interpreted as disabilities under the act
D)are not an excuse for behaviour that could otherwise result in dismissal
E)may be allowed to indulge their dependencies in the workplace

Question 44

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

A)is limited in scope and application
B)affects nearly every human resource function
C)can only be applied if organizations wish
D)is not relevant in most cases
E)cannot supersede any organization's current policies

Question 45

Federal and provincial human rights legislation:

A)are completely identical
B)are not identical but generally mirror one another
C)differ to a fair degree
D)have no common elements between them
E)actually contradict each other

Question 46

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

A)women
B)aboriginal peoples
C)gays and lesbians
D)people with disabilities
E)visible minorities

Question 47

No person should be denied employment because of a disability and voluntary adjustments to a workplace are made for special needs employees.This is referred to as:

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

Question 48

Which of these is NOT one of the steps in managing diversity?

A)change systems,policies,and structures
B)identify ideal future state
C)analyze the model that will be followed
D)evaluate results and follow up
E)analyze present systems and procedures

Question 49

Sexual harassment only applies if the complainant is:

A)female
B)female,gay,or lesbian
C)female,gay,lesbian,or a member of a protected class
D)female,gay,lesbian,or a member of a protected class,plus male if harassed by another male
E)a human being

Question 50

Canadian human rights legislation consists of:

A)federal acts only
B)provincial acts only
C)federal,international,and united nations acts
D)both federal and provincial acts
E)federal,provincial,and international acts

Question 51

The following prohibited grounds for discrimination are common to all human rights acts in Canada EXCEPT:

A)race or colour
B)sex
C)family status
D)sexual orientation
E)religion

Question 52

In order to avoid offending members of different sex/gender,racial,ethnic,age,or other groups several organizations have established communication standards.

Question 53

The wage gap is __________ for unionized women aged 25-54 earning on average __________ for every dollar earned by men.

A)less;$0.98
B)more;$0.79
C)equal;$0.85
D)less;$0.94
E)equal;$1.00

Question 54

The Canadian Charter of Rights and Freedoms is contained in 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 55

Human Resource specialists are concerned with legislation and regulations for all of the following reasons EXCEPT:

A)its necessity to stay informed or their knowledge becomes useless to the organization
B)interpretation by regulatory bodies and court rulings affect hr activities
C)company programs must be legally compliant
D)poor public relations or law suits can occur against an organization without legislation in place
E)being legally responsible for all of an organization's activities

Question 56

Educating employees on specific cultural differences and how to respond to differences in the workplace is the process of:

A)diversity management training
B)skill-building training
C)conflict management training
D)awareness training
E)mentor training

Question 57

Indirect or systemic discrimination occurs when:

A)discrimination is intended but hidden and applied subtly.
B)employment practices exclude specific groups for reasons that cannot be shown to be job-related.
C)bona fide occupational requirements are permitted.
D)particular groups may not be 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 58

The difference between the Charter and the Canadian Human Rights Act is that the Charter guarantees equality before the law,while the Human Rights Act seeks to provide:

A)women's rights
B)aboriginal rights
C)equal employment opportunities
D)equal language rights
E)social welfare rights

Question 59

Under certain circumstances direct intentional discrimination is acceptable.In Canada,such legal discrimination is called:

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

Question 60

The Canadian Human Rights Tribunal has several remedies at its disposal.Which of the following can it order a violator to do?

A)pay all costs associated with hearing and/or reviewing the case
B)restore the rights,opportunities,and privileges denied the victim
C)compensate the victim for wages lost and any expenses incurred as a result of the discriminatory practice
D)compensate the victim for pain and suffering
E)all of the choices except pay all costs associated with hearing and/or reviewing the case

Question 61

Which of the following is a suggested approach when employing a transgendered person?

A)meet with the employee beforehand to determine how and what should be communicated
B)hold information sessions with other employees before the transgendered employee commences work
C)permit the employee to use the washroom consistent with the person's gender identity
D)inform employees to call the employee by his or her chosen name and pronoun
E)all of the choices

Question 62

In order to effectively develop an employment equity program an organization should:

A)exhibit strong employer commitment
B)appoint a high-ranking director to indicate commitment
C)publicize commitment both internally and externally
D)set goals that require specific timetables
E)all of the choices

Question 63

The term "employment equity" has been officially used in Canada rather than the U.S.term "affirmative action" mainly because:

A)the Americans have copyrighted their term and Canada would have to pay to use it
B)the American term cannot be easily translated into French
C)the American term carries too many negative associations with it
D)Canadians tend to be less "affirmative" than Americans
E)Canadian law forbids the use of the word affirmative

Question 64

Legally actionable workplace harassment includes incidents or behaviours that occur

A)anytime or anyplace
B)only during working hours
C)only at the workplace
D)anytime or anyplace if they are employment-related
E)only between supervisors and their immediate subordinates

Question 65

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 66

Organizations can bring greater predictability into diversity outcomes by establishing formal mentoring systems since they result in greater tangible results and 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 67

If an organization has been charged with non-compliance by the Human Rights Commission,who can the charge be against?

A)the CEO alone
B)individuals within the organization
C)shareholders
D)the organization or individuals within the organization
E)the HR department only

Question 68

A review of the application of the Charter to human resources and industrial relations issues reveals that its impact has been important,but:

A)has caused the supreme court to be flooded with these cases
B)needs for better efficiency
C)somewhat limited so far
D)has the cases appearing in the supreme court too fast and requires additional processes
E)its application to human resources likely to be phased out over the next decade

Question 69

The Supreme Court has decided in regards to same-sex couples that:

A)sexual orientation is a prohibited ground for discrimination
B)only married same-sex couples must be treated the same way as heterosexual couples
C)sexual orientation is not a human rights issue
D)like heterosexual couples,businesses may refuse to hire both partners to work together
E)individual gays and lesbians are not protected,but gay and lesbian couples are

Question 70

Governments often create special regulatory commissions and boards:

A)in order to avoid flooding the courts (with often minor issues)as the workplace becomes increasingly regulated
B)in order to make jobs for the unemployed regulators
C)in order to do a preliminary organizing of cases before sending them to the courts
D)because courts are refusing to hear cases regarding minor issues
E)because courts did not know enough to make reasonable judgments

Question 71

All the following can result from a charge of reverse discrimination in enacting employment equity EXCEPT:

A)it may place a human resource department in a difficult position
B)it can raise questions about intrinsic fairness
C)it can be irrelevant providing the CHRC has made a ruling for a quota to the company,even if they result in reverse discrimination
D)it can be seen by the human rights act to be non-discriminatory when fulfilling the spirit of the law
E)it indicates that the organization is not responding to employment equity requirements

Question 72

Relevant considerations of the principle of "undue hardship" include all the following EXCEPT:

A)financial cost
B)disruption of a collective agreement
C)morale problems with other employees
D)interchangeability of work force and facilities
E)employer's reluctance to accommodate

Question 73

All the following are examples of indirect discrimination EXCEPT:

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
E)internal or word-of-mouth hiring policies

Question 74

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

A)is always discriminatory
B)is not discriminatory for anyone over the age of 55
C)is not discriminatory if the person has reached the normal retirement age for that profession
D)is only discriminatory for minority groups
E)is not a factor to be considered

Question 75

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

A)benefits policy
B)employee counselling practices
C)probationary processes and procedures
D)performance management
E)all of the choices except probationary processes and procedures

Question 76

An employer has a duty to accommodate an employee's human rights up to the point:

A)of "undue hardship"
B)where the employer spends up to $3000 per employee
C)that the employer feels they want to
D)that the employee demands
E)stated specifically in the Human Rights Act

Question 77

The Employment Equity Act specifies that an employer shall provide "reasonable accommodation to correct...under-representation." The following are examples of "reasonable accommodation" EXCEPT:

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 dwarf
D)altering dress codes to permit aboriginal people to wear braids
E)providing special telephone or computer equipment for a person who is hearing or visually impaired

Question 78

Which of the following is the list of core dimensions of diversity?

A)ethnicity and culture,sex/gender,race,language,status,and religion
B)age,ethnicity and culture,sex/gender,race,religion,sexual orientation,and capabilities
C)sex/gender,sexual orientation,language,education,status,income levels,and capabilities
D)age,gender,race,status,religion,education,and capabilities
E)age,education,ethnicity and culture,status,sex/gender,language,and race

Question 79

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

A)are committing a criminal act
B)may legally do so
C)may legally do so as long as the employee doesn't complain
D)may do so with the approval of the firm's human resource department
E)may do so with the approval of the human rights commission

Question 80

Following legal requirements also has implications for __________.Managers and supervisors have to be familiar with the __________ as they apply to __________.

A)training;laws;human relations movement
B)reputation;laws;human resource management
C)reputation;Canadian human rights commission;human resource management
D)training;laws;human resource management
E)reputation;laws;human relations management