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

Question 1

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

A) Legislation cannot be exempted from challenge under the Charter if a legislative body invokes the "notwithstanding" provision.
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.

Answer 1

C

Question 2

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

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

Answer 2

A

Question 3

If a company classifies male employees as administrators and female employees doing the same work as clerks and provides different wage rates based on the classifications, 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) none of the above.

Answer 3

B

Question 4

Human rights legislation

A) primarily affects compensation and selection.
B) prohibits intentional discrimination only.
C) affects every employer 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 5

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

A) discrimination on the basis of age.
B) discrimination on the basis of age and gender.
C) discrimination on the basis of age and race.
D) a permissible employer practice.
E) unintentional direct discrimination.

Question 6

The Charter of Rights and Freedoms

A) is part of the Constitution Act of 1992.
B) applies to all Canadian employees and employers.
C) ensures that no laws infringe on Charter rights.
D) takes precedence over all other laws.
E) is fairly limited in scope.

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/direct discrimination
C) Intentional and indirect discrimination
D) Systemic discrimination
E) Unintentional discrimination

Question 8

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) Charter of Rights and Freedoms.
B) Employment Standards Act.
C) human rights legislation of the applicable province.
D) employment equity legislation of the applicable province.
E) health and safety legislation.

Question 9

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 10

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

A) it is specified under employment law.
B) legislation changes and it may vary from one jurisdiction to another.
C) it is required under Canada Labour Code.
D) it is required under the Human Rights Act.
E) legislation has commonalities across jurisdictions.

Question 11

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

A) In the federal jurisdiction, this principle has been incorporated into the Employment Standards Act since 1971.
B) The principle "equal pay for equal work" makes it illegal to discriminate through pay on the basis of age.
C) Entitlements are found in the employment/labour standards legislation in every Canadian jurisdiction.
D) The principle "equal pay for equal work" makes it illegal to pay nurses and fire fighters differently if their jobs are deemed to be of equal worth to the employer.
E) Every jurisdiction in Canada has legislation incorporating the principle of equal pay for equal work.

Question 12

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 manger promoted another employee who would not have as much responsibilities at home. What is this an example of?

A) Differential treatment
B) Discrimination on the basis of association
C) Discrimination on the basis of disability
D) Systemic discrimination
E) Reverse discrimination

Question 13

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 14

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

A) private sector employers only.
B) actions of the federal government only.
C) actions of the federal, provincial, and municipal governments.
D) public and private sector employers.
E) actions of all governments and all employers.

Question 15

Refusing to hire a man who had been convicted and then pardoned for a drug-related offence as a counsellor at a federal correctional centre is an example of

A) intentional direct discrimination.
B) pro-active recruitment.
C) systemic discrimination.
D) protection against negligent hiring.
E) a permissible employer practice under all human rights legislation.

Question 16

The most difficult type of discrimination to detect and combat is

A) differential treatment.
B) intentional direct discrimination.
C) intentional indirect discrimination.
D) reverse discrimination.
E) systemic discrimination.

Question 17

Kenneth was born in Canada to Filipino parents. Kenneth recently did not get a summer job working in a warehouse as he was below the height requirement. What is this an example of?

A) Cultural discrimination
B) Systemic discrimination
C) Intentional discrimination
D) Direct discrimination
E) Discrimination by association

Question 18

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

A) The federal government is the final arbiter of the Charter.
B) The overall impact of the Charter on the LR scene has been significant.
C) The Charter provides the right to live and work anywhere in Canada.
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.

Question 19

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 20

Equal pay for equal work specifies that

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

Question 21

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) a BFOR.

Question 22

Anthony is a student working for an oil refinery during the summer. He is required to climb on top of tall oil tanks to measure the contents in the tank. Anthony is not provided any training on how to do this nor any safety equipment such as being tied off when on top of a tank. What is the employer in violation of?

A) Age discrimination
B) Undue hardship
C) Reasonable accommodation
D) Bona fide occupational requirement
E) Discrimination by association

Question 23

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

A) Human rights investigators must obtain a court order before entering an employer's premises.
B) Most human rights complaints are settled by a Board of Inquiry or Tribunal.
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.
E) The only human rights cases that can be heard by the Supreme Court of Canada are those involving federally-regulated employers and employees.

Question 24

Evidence of pervasive patterns of differential treatment against the employment equity designated groups includes

A) harassment.
B) systemic discrimination.
C) sexual harassment.
D) discrimination.
E) underemployment.

Question 25

The Supreme Court of Canada has made it clear that

A) it is an employee's responsibility to prevent and report harassment.
B) having a harassment policy is sufficient to prevent harassment claims.
C) supervisors can be 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) alleged harassers should be severely punished.

Question 26

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) sexual coercion.
E) toxic substances.

Question 27

Examples of systemic discrimination include

A) internal or word-of-mouth hiring policies in work places that have embraced diversity.
B) job-related employment tests.
C) lack of explicit anti-harassment guidelines.
D) refusing to hire persons convicted of a crime in Canada.
E) refusing to hire persons of Asian origin.

Question 28

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) Reactive remedy
C) Proactive remedy
D) Systemic remedy
E) Restitutional remedy

Question 29

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

A) men.
B) visible minorities.
C) homosexuals.
D) clergy.
E) uneducated adults.

Question 30

Which of the following statements is accurate about reasonable accommodation?

A) Accommodation 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 work station 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 31

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) Evidence is readily available to support the position that age is an accurate indication of a person's ability to perform a particular type of work.
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 32

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

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

Question 33

The Royal Canadian Mounted Police has a requirement that guards be of the same sex as prisoners being guarded. This is an example of

A) a violation of a bona fide occupational requirement.
B) reasonable accommodation.
C) intentional and indirect discrimination.
D) a bona fide occupational requirement.
E) systemic discrimination.

Question 34

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 an example of

A) occupational segregation.
B) a BFOR.
C) underemployment.
D) underutilization.
E) indirect discrimination.

Question 35

Which of the following is correct regarding harassment?

A) Directed by clients or customers towards an employee is not the employer's responsibility once it has been reported
B) Is prohibited on all prescribed grounds in all jurisdictions and is a violation of reasonable accommodation
C) Includes offensive or humiliating behaviour that is related to a person's sex, as well as behaviour of a sexual nature
D) On a prohibited ground is not constituted by directing derogatory remarks about Italians towards an Italian employee
E) Includes unwelcome behaviour that demeans, humiliates, or embarrasses a person, and that a reasonable person should have known would be unwelcome

Question 36

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) sexual annoyance.
B) permissible behaviour.
C) permissible behaviour as long as it does not violate a policy.
D) sexual harassment.
E) sexual coercion.

Question 37

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

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

Question 38

A local airline refuses to hire as flight attendants any person who is below 5 feet tall as they feel that short employees would hurt their image. This is an example of

A) discrimination on the basis of age.
B) a permissible employer practice.
C) a neutral hiring policy.
D) discrimination on the basis of race.
E) discrimination on the basis of race and gender.

Question 39

Guidelines for implementing a harassment policy should include

A) ensuring that a copy of the charge is placed in the file of the alleged harasser.
B) information for victims (for example, identifying and defining harassment).
C) requiring each employee to sign a document indicating that he or she has received harassment training.
D) developing a policy that prohibits harassment on all grounds listed in the Canadian Human Rights Act.
E) a description of the legal rights of the alleged harasser.

Question 40

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) refuse to hire persons as flight attendants who do not possess minimum qualifications for the position.

Question 41

While half of the population in the Greater Toronto Area are visible minorities, evidence of visible minority underemployment is the fact that

A) the Toronto mayor has never been a visible minority.
B) in a study of 3257 leaders in the Greater Toronto Area, only 13% were visible minorities.
C) visible minorities are more likely to be hired under employment equity policies than under "open" recruitment and selection processes.
D) many people who are visible minorities own restaurants catering to specific ethnic tastes.
E) crime rates in visible minority neighborhoods is much higher than the overall crime rate.

Question 42

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 not allowed.
B) can be made a condition of continued employment at XYZ.
C) is allowed as long as the hobby listed doesn't 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 43

Some jurisdictions prohibit harassment on all prescribed grounds, while others only expressly ban sexual harassment.

Question 44

Refusing to hire an individual for a security guard position on the basis that he or she is considered to be too tall is an example of a bona fide occupational requirement.

Question 45

For an employment equity program to be successful,

A) an employment equity policy statement should be filed in the company's HR policies and procedures manual.
B) a senior official should be appointed with the authority to discipline those failing to comply.
C) an employment equity committee should be given ultimate authority.
D) senior management should be responsible for the implementation process.
E) senior management must demonstrate commitment and support.

Question 46

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

Question 47

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) remedy discrimination on the basis of gender, race, and disability.
D) request employers under provincial jurisdiction to have a better representation of the designated groups at all levels within the organization.
E) request employers under federal and provincial jurisdiction to have a better representation of the designated groups at all levels within the organization.

Question 48

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

Question 49

Steps in the employment equity process typically include

A) obtaining senior-management commitment and support, data collection, employment systems review training, and follow-up.
B) obtaining senior-management commitment and support, employment systems review, diversity training, and systems review.
C) obtaining senior-management commitment and support, employment systems review, implementation, and follow up.
D) obtaining senior-management commitment and support, data collection and analysis, employment systems review, plan development, implementation, and monitoring.
E) obtaining senior-management commitment and support, data collection and analysis, employment systems review, and diversity training.

Question 50

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

Question 51

Employers are expected to accommodate to the point of undue hardship.

Question 52

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 since it is an invasion of employee privacy.
C) If the company could demonstrate evidence of widespread employee theft, the surveillance system would be allowed.
D) Courts would refuse to rule because the case lacks merit.
E) Courts would ask if there is a less invasive way to monitor employees and order the removal of the video surveillance in the washrooms.

Question 53

A deliberately structured process is involved when developing an employment equity program.

Question 54

The Personal Information Protection and Electronic Documents Act governs

A) the collection, use, and disclosure of personal information across Canada.
B) how governments at all levels may collect and use personal information across Canada.
C) the limits for the collection, use, and disclosure of personal information by employers.
D) the approved uses for data collected using "cookies" on corporate websites.
E) the establishment of "do not call" lists in every Canadian jurisdiction.

Question 55

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 56

Which of the following statements is true regarding people with disabilities?

A) People with disabilities still fall short of their estimated labour market availability.
B) People with disabilities make up only 2.5% of the federal private sector workforce.
C) The representation of persons with disabilities in the federal public sector increased to 5.7% in 2004.
D) Of all the designated groups, people with disabilities in the private sector have benefited least from the Employment Equity Act.
E) The median employment income of persons with disabilities is 83% of that of other Canadian workers.

Question 57

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 want to eliminate wasted time and abuse of company resources.
D) employers want employees to voluntarily maintain the organization's Facebook page.
E) employers fundamentally do not trust their employees.

Question 58

Contract law governs collective agreements and individual employment contracts.

Question 59

An employment equity program is designed to

A) increase representation of men on corporate boards.
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 60

Although women make up almost one-half of the Canadian work force, they are still under-represented on executive teams.

Question 61

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

Question 62

Any information collected by an employer beyond name, title, business address, and telephone number is considered personal and private and may not be disclosed without employee consent.

Question 63

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

Question 64

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 65

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

Question 66

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

Question 67

Employment equity legislation in Canada requires employers to meet a quota for members of designated groups.

Question 68

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 69

Employers may not use video surveillance in the workplace if a less invasive way of monitoring employees is reasonable and available.