Deck 2: Operating Within the Legal Framework

Question 1

When managers ignore the legal aspects of HRM, what do they risk?

A) incurring costly and time-consuming litigation
B) upsetting union officials
C) breaking employee codes of conduct
D) being bad managers

Answer 1

A

Question 2

What step should managers take to avoid expensive and time-consuming litigation, resulting from not complying with human rights legislation?

A) Managers should use supervisors to deal directly with employees.
B) Managers should take a human rights course to ensure they understand the laws thoroughly.
C) Managers should develop an awareness of their personal biases.
D) Unintentionally breaking human rights laws is not a punishable crime.

Answer 2

C

Question 3

What actions must managers or HRMs take to ensure privacy legislation is upheld?

A) Ensure that all personal information is not discarded.
B) Avoid collecting employees' personal information, unless it's work-related.
C) Provide employees limited access to their online or paper personal files.
D) Acquire written permission for collection and use of employees' personal information.

Answer 3

D

Question 4

What are the two basic employment laws for federally regulated companies?

A) Canada Human Rights Code and Canada Labour Act
B) Canada Labour Code and the Canadian Human Rights Act
C) Canada Human Rights Code and Labour Standards Act
D) Canada Labour Standards Act and Canada Human Rights Act

Question 5

Which Act is most referenced when discussing email monitoring, use of social media, and website visits by employees while at their worksite?

A) Personal Information Protection and Electronic Documents Act
B) Canadian Human Rights Act
C) Employment Standards Act
D) Employment Standards Act

Question 6

Which change in Employment Insurance (EI) has had an impact on Human Resource practices in organizations?

A) compassionate care benefits available for an employee who needs time off to care for a family member at risk of dying in the next 6 months
B) parental leave decreased to 65 weeks
C) parental leave now only available to women
D) parental leave increased to 82 weeks

Question 7

In addition to legislation, what else drives business to treat employees in certain ways?

A) competition amongst employers
B) avoiding negative publicity
C) reduction in employee turnover
D) the morale of the employees

Question 8

Which provinces/territories have legislation that provides certain rights and guarantees regarding employment?

A) Ontario, Quebec, and British Columbia
B) Ontario, Alberta, and the Northwest Territories
C) all provinces and territories
D) Quebec, Ontario, and Nova Scotia

Question 9

Which statement best describes a commonality between the Employment Insurance and the Canada Pension Plan?

A) They affect all employers and employees.
B) They are fairly limited in scope.
C) They prohibit intentional discrimination.
D) They are the most significant employment laws affecting HRM activities.

Question 10

When balancing labour laws, business laws, and human rights legislation, which of the following is the most important?

A) They are all equal.
B) They are as important as business law.
C) They are less important than labour law.
D) Human rights legislation has priority.

Question 11

Who should be aware of their personal biases and how these attitudes can influence their dealings with one another?

A) all employees, including supervisors and managers
B) full-time employees
C) male employees
D) managers

Question 12

Where are basic employment conditions governed by the Employment Standards Act?

A) British Columbia, Quebec, and Newfoundland
B) British Columbia, Ontario, and Prince Edward Island
C) Nova Scotia, Ontario, and Manitoba
D) Nunavut, Nova Scotia, and Alberta

Question 13

Which legislation has the most far-reaching impact on employment conditions?

A) Genetic Non-Discrimination Act
B) Human Rights Act
C) Canadian Charter of Rights and Freedoms
D) Personal Information Protection and Electronic Documents Act (PIPEDA)

Question 14

Which of the following is influenced by the Personal Information Protection and Electronic Documents Act and the Personal Information Privacy Act?

A) whether employees can be reprimanded for activities appearing on their social media accounts
B) how long employers are required to keep personnel information on file
C) to what extend employees have access to their personnel file
D) how they handle employee information and the employee's rights regarding the information

Question 15

Which organizations are covered by the Canadian Human Rights Act?

A) federal government departments and communications companies
B) communications companies and provincial government departments
C) not-for-profits and provincial government departments
D) federal government departments and not-for-profits

Question 16

Who are Canadian employment laws intended to protect?

A) the employer and the employees
B) the employer and outsourced services providers
C) both national and international projects
D) the employee through good management practices

Question 17

Who is responsible for the enforcement of federal and provincial human rights laws?

A) Canadian Human Rights Commission and Tribunals
B) Labour Relations Council
C) Human Rights Tribunals or Commissions
D) Labour Canada

Question 18

Which statement best illustrates a jurisdiction shared by the Canada Labour Code and the Canadian Human Rights Act?

A) They apply to federally regulated companies and agencies only.
B) They deal with federal and provincial human resource laws.
C) They are responsible for setting minimum employment standards and conditions for all Canadian organizations.
D) They both apply to all employers and employees in Canada.

Question 19

What two distinct sets of laws govern Canadians?

A) national and local
B) provincial and territorial
C) federal and provincial
D) national and international

Question 20

To whom does human rights legislation apply?

A) full-time, salaried employees
B) all individuals
C) managers
D) individuals who are discriminated against

Question 21

Which of the following is an example of reverse discrimination?

A) Caucasians are favoured over visible minorities.
B) Men are favoured over women.
C) Members of certain groups are favoured because of the idea that they suffer discrimination.
D) Employment equity goals are set.

Question 22

Which provinces/territories include gender identity and gender expression as prohibited grounds for discrimination?

A) Prince Edward Island, Manitoba, and Ontario
B) Alberta, British Columbia, and Ontario
C) Saskatchewan, British Columbia, and Manitoba
D) Nova Scotia, Newfoundland, and Saskatchewan

Question 23

On what grounds is discrimination prohibited in all provinces and territories?

A) records of criminal convictions, family status, and political beliefs
B) age, pardoned convictions, and gender
C) disability, family status, and age
D) political beliefs, disability, and pardoned convictions

Question 24

What requirement must an employer fulfill so that an employee is not discriminated against on prohibited grounds?

A) reasonable obligation
B) reasonable acceptance
C) duty to accommodation
D) duty to oblige

Question 25

How is word-of-mouth recruiting an example of systemic discrimination?

A) It does not allow for women or visible minorities to apply for the job.
B) Companies may use it as an inexpensive way to grow the workforce.
C) People who are not part of a select demographic will not learn about the opening.
D) People must be part of the union before they can apply for the job.

Question 26

What protection under human rights law does an individual have who has been denied employment due to several body piercing and tattoos.?

A) protection based on physical or mental disability
B) protection based on physical appearance
C) no protection under human rights law as employers are allowed to have workplace codes of conduct
D) protection based on the Canadian Charter of Rights and Freedoms

Question 27

What protection under human rights law does an individual have who has been denied employment based upon their weight?

A) protection based on sex and physical disability
B) no protection under human rights law, as being overweight is not a human rights provision
C) protection based on physical disability, if it is medically diagnosed as a disability
D) a BFOR can be easily established for most job positions that allow for discrimination

Question 28

Who is responsible for the enforcement of the Canadian Human Rights Act?

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

Question 29

Which of the following is an example of reasonable accommodation?

A) permitting an employee to use medical marijuana in the workplace provided there is no safety risk to others
B) providing childcare allowances when employees take company-sponsored courses
C) maintaining rigid work schedules which prohibit employees from participating in traditional activities
D) telecommuting for an employee who prefers to work at home

Question 30

An employer allowed an employee who was hypersensitive to work remotely from home. What human rights legal concept is this an example of?

A) reasonable accommodation
B) systemic discrimination
C) bona fide occupational qualification
D) undue hardship

Question 31

Until recently, Air Canada had the right to retire pilots at age 60. What human rights legal concept is this an example of?

A) reverse discrimination
B) systemic discrimination
C) bona fide occupational qualification
D) undue hardship

Question 32

What human rights prohibition is included in all Canadian jurisdictions' human rights acts?

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

Question 33

Which of the following best defines discrimination?

A) behaviours that demean, humiliate, or embarrass someone
B) employment rules that have a negative effect on employees
C) the denial of opportunity to someone based on group membership such as gender or religion
D) any unwelcome conduct that may detrimentally affect the work environment

Question 34

What bona fide occupational requirement for pilots is now being reconsidered by the Canadian Human Rights Tribunal?

A) minimum height requirement
B) bilingualism requirement
C) weight restrictions
D) age restriction

Question 35

When are certain discriminatory employment qualifications permitted by law?

A) when employees are on a probationary period
B) never
C) when they are bona fide occupational qualifications
D) when it's reverse discrimination

Question 36

Which of the following best defines sexual harassment?

A) unwanted physical or verbal behaviour that offends or humiliates, including unwelcome physical contact such as touching, patting, or pinching
B) employment rules that are sexual in tone and that have a negative effect on employees
C) the denial of opportunity to someone based on their sex
D) unsafe and abusive conduct that is sexual in nature, which may detrimentally affect the health and safety of someone

Question 37

Which legal term justifies the hiring of only women guards in women prisons?

A) employment equity
B) bona fide occupational requirement/qualification
C) equal employment opportunity
D) justification does not exist for reverse discrimination against men.

Question 38

What human rights legal concept is displayed when an employer's workforce is representative of one group in society and the company recruits by only posting job vacancies within the company?

A) reasonable accommodation
B) systemic discrimination
C) bona fide occupational qualification
D) undue hardship

Question 39

Why is systemic discrimination difficult to prove?

A) It's less understood than other forms of discrimination so people aren't aware.
B) Businesses may rationalize their actions by saying "we've always done it this way."
C) Many employment barriers are hidden and unintentional.
D) The people affected don't want to talk about it.

Question 40

How many times must an "incident" happen before it is considered harassment?

A) There is no frequency specification; it can happen once, or many times.
B) Harassment must be a series of on-going incidents.
C) Harassment occurring over a six-month period or longer is no longer considered "basic" harassment.
D) Harassment which impacts the victim's life should be reported the first time it happens.

Question 41

For which issue does Employment Standards legislation specify the minimum obligation of employers?

A) incentive pay systems
B) hours of work
C) vacation scheduling
D) certification of trades workers

Question 42

Which government agency governs violations to health and safety statutes?

A) Canadian Border Services Agency
B) Canadian Health, Safety, and Environmental Protection Act
C) Workers' Compensation Board
D) Workers' Compensation Act

Question 43

Which federal and provincial laws have the concept of employment equity rooted in their wording?

A) employment standards legislation and human rights codes
B) Health and Safety Act and human rights codes
C) Labour Relations Act and employment standards legislation
D) pension benefits standards and Health and Safety Act

Question 44

What are culturally biased aptitude tests and lack of recognition of foreign credentials examples of?

A) systemic barriers
B) duty to accommodate
C) visible minority discrimination
D) employment equity

Question 45

What legislation states that significant work-related stressors such as bullying, harassment, or violence are prohibited?

A) privacy legislation
B) occupational health and safety legislation
C) employment equity legislation
D) human rights mental disability prohibition

Question 46

Which of the following groups is required to comply with the Employment Equity Act?

A) crown organizations employing more than 250 people
B) not-for-profit groups
C) organizations who do more than $1-million dollars of business with the federal government
D) the federal government and federal agencies

Question 47

Which of the following should be included in a workplace anti-harassment policy?

A) specifications about when harassment should or shouldn't be reported
B) a statement that the company is committed to a harassment-free work environment
C) a list of provincial laws designed to help the victim of harassment
D) a description of the repercussions for those who are found guilty of harassment

Question 48

What are Canada's top employers doing to enhance employment for Aboriginal peoples?

A) permitting Aboriginal employees to celebrate their tribal holidays on non-statutory holidays
B) promoting work opportunities in metropolitan areas to promote socialization
C) offering alternative work schedules to help achieve a better work-life balance
D) educating workers in Aboriginal languages and practices

Question 49

As unionization continues to decline in Canada, which group of workers has the lowest rate of unionization?

A) young workers
B) women
C) immigrants
D) aging workers

Question 50

When a Canadian Human Rights Commission refers a case to a tribunal, which of the following is a possible outcome?

A) The tribunal may decide the complaint is valid and can order corrective measures.
B) It is guaranteed that the complaint will be upheld.
C) A corrective measure on a valid complaint may include sensitivity training.
D) Actual payments for lost wages or pain/suffering are prohibited.

Question 51

Which of the following is an example of sexual harassment?

A) allowing a young female to manage a team of men who are older than her
B) permitting employees to keep family photos in their office space
C) reprimanding a female employee for wearing inappropriate office attire
D) promoting a female employee after she upgrades her skills through training

Question 52

In addition to spreading gossip or rumors, which of the following is considered bullying?

A) vandalizing another person's belongings
B) expressing differences of opinions
C) taking reasonable disciplinary action
D) participating in a group performance review

Question 53

What is the first step in the Canadian Human Rights Commission's dispute resolution process?

A) investigation
B) filing a complaint
C) preliminary assessment
D) complaint received

Question 54

|Who is responsible for reinforcing health and safety training and being accountable for employee's understanding and behaviour regarding workplace health and safety?

A) union representative
B) Workers' Compensation Board
C) manager
D) business owner

Question 55

To whom does labour relations legislation apply?

A) only to workplaces in the public sector
B) only to crown corporations
C) only to workplaces in the private sector
D) union employees and organizations with unionized employees

Question 56

What would encourage and support an employee to report their concerns to an authority within their company if they felt bullied or harassed in their workplace?

A) clear company confidential reporting channels
B) charter of human rights employment equity initiatives
C) company privacy and security policies and procedures
D) company diversity management program

Question 57

If an organization was ordered by the Human Rights Commission to pay a fine for sexual harassment activities which happened at its location, what would that company be well advised to do?

A) implement ethical codes of conduct
B) implement privacy policies and procedures
C) implement sexual harassment policies and procedures
D) consult the human rights commission about their dispute resolution process

Question 58

What legislation involves the identification and removal of systemic barriers to employment opportunities that affect designated groups?

A) Pay Equity Act
B) Employment Equity Act
C) Employment Standards Act
D) Human Rights Code

Question 59

What are employers covered by the Employment Equity Act legally obligated to do?

A) identify and remove any employment barriers for members of designated groups
B) establish pay equity policies
C) appoint an employment equity coordinator to liaise with the federal regulatory agency
D) establish a joint committee comprised of union and management representatives

Question 60

Which of the following might compound the employment barriers Aboriginal peoples face?

A) a low desire to get post-secondary education
B) reluctance to leave the community in which they grew up
C) reluctance to work during traditional hunting periods
D) language and cultural barriers

Question 61

What is employment equity intended to promote?

A) diversity management
B) equitable treatment in employment for members of the designated groups
C) equal pay for equal work
D) equal opportunity employers

Question 62

What are the designated groups in which employment equity promotes recruitment and retention of workers?

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

Question 63

Which statement is the most accurate representation of pay equity?

A) Pay equity is the result of an amendment to the Employment Standards Legislation in 1978.
B) Pay equity means equal pay for work of equal value.
C) The goal of pay equity legislation is to eliminate the historical wage gap between members of the designated group.
D) Pay equity means equal pay for equal work.

Question 64

How is employment equity best defined?

A) basic equal opportunity obligations of employers
B) expected equity and fairness standards
C) achieving equality in all aspects of employment
D) optimal use of an organization's multicultural workforce to realize business goals

Question 65

Which statement best defines diversity management?

A) Diversity management is required by law for organizations with more than 100 employees.
B) By managing diversity, firms hope to gain strategic and competitive advantage.
C) The terms diversity management and employment equity can be used interchangeably.
D) Diversity management and inclusion can be used interchangeably.

Question 66

What should organizations Bloom's Remember when they decide to embrace a culture of diversity?

A) Once diversity is implemented, it is usually self-sufficient and requires little effort.
B) While leadership is important, it's the employees who drive the diversity initiative.
C) Inclusion initiatives should be rolled out quickly to keep momentum going.
D) It can be a lengthy and complex process.

Question 67

Which of the following people are most disadvantaged when employment candidates are asked to demonstrate an ability to meet physical demands that are unrelated to actual job performance?

A) women
B) Aboriginal peoples
C) visible minorities
D) people with disabilities

Question 68

What does implementation of pay equity require?

A) ensuring that jobs with different titles involving the same work are paid the same
B) ensuring that male-dominated job classes and female-dominated job classes of equal value are paid the same
C) ensuring that individuals performing work of a similar nature are paid the same, regardless of national or ethnic origin, colour, age, or sex
D) ensuring there are no differences in pay between men and women performing the same work

Question 69

Why might an organization choose to embrace diversity and inclusion?

A) It can help drive innovation, engage employees, and enable business success.
B) Culturally-diverse organizations are viewed more favourably in the media.
C) Immigrant workers can often be hired for a lower salary.
D) Visible minority group members often have natural trading links with overseas markets that can be useful in capturing new market share.

Question 70

What is one characteristic of diversity management?

A) It concerns only the four designated groups.
B) It is another term for employment equity.
C) It recognizes gender differences only.
D) It is broader and more inclusive in scope than employment equity.

Question 71

Which of the following best defines diversity management?

A) the basic equal opportunity obligations of employers
B) employment of individuals in a fair and unbiased manner
C) the combination of organizational policies and practices that supports and maximize the benefits of different employee in order to reach business objectives
D) fairness in such areas as race, religion, and gender

Question 72

Equal pay for equal work is regulated through which basic employment conditions legislation?

A) Human Rights Commission
B) Employment Standards Act
C) Human Rights Tribunal
D) Canadian Charter of Rights and Freedoms

Question 73

Work being performed by predominantly female employees was of equal value to the work being done predominantly by male groups, but the female employees were being paid lower wages. What is the concern in this situation?

A) equal pay for equal work
B) employment equity
C) pay equity
D) minimum wage employment standards

Question 74

Which of the following is a factor in pay equity comparisons?

A) current pay rate
B) performance of the employees
C) seniority
D) skill and effort

Question 75

Which legal term refers to targeted staffing and training to redress past discrimination relating to employment and employment practices?

A) reasonable accommodation
B) human resource planning
C) bona fide occupational requirement
D) employment equity

Question 76

Which of the following is a systemic barrier that has a negative employment impact on visible minorities?

A) lack of recognition of foreign credentials
B) minimal levels of language requirements
C) diversity management initiatives
D) gender biased aptitude tests

Question 77

Employers who pay men and women different salaries when performing the same job are violating the Pay Equity Act, when the salary differences are based on which variable?

A) incentive plans
B) seniority
C) merit
D) gender

Question 78

In the most recent Employment and Social Development Canada's report, which designated group has seen a significant increase in participation?

A) Aboriginal peoples
B) women
C) people with disabilities
D) visible minorities

Question 79

What practice can an organization undertake to ensure all employees are working to create a culture of diversity and inclusion?

A) evaluating performance of behaviours on a continuous basis
B) creating ad hoc groups within the organization to monitor diversity
C) confidential surveys to minorities to determine their level of inclusion
D) confidential surveys of clients and suppliers to determine their view of the organization's diversity program

Question 80

What principles is pay equity based on?

A) gender-neutral job descriptions and employee performance
B) female pay equity, and male pay equity
C) pay for equal work, and equal pay for work of equal value
D) employment equity, and equal pay for equal work