Deck 3: Meeting Legal Challenges

Question 1

If Canadian Grocers has a policy of internal hiring and recruitment through word-of-mouth especially by current employees,this can result in systemic discrimination.

Answer 1

True

Question 2

If management punished a male Sikh employee who refused to remove his turban and wear a safety helmet when working in a maintenance railway yard because of his religious beliefs,the Human Rights Commission would uphold the employee's religious beliefs and decide against the employer.

Answer 2

False

Question 3

If a fashion store catering to women advertises for models and seeks applications only from females,this will be considered as discriminatory under the prevailing human rights legislation.

Answer 3

False

Question 4

If a deaf job applicant requests a sign language interpreter or computer equipment for the purpose of communication,in most instances,the onus is on the employer to supply such services.

Question 5

Employers have a "duty to accommodate" up to a level of "undue hardship" in accommodating employees' religious practices.

Question 6

Although a powerful social document,the Charter of Rights and the constitutional law has minimal implications for staffing managers.

Question 7

The notion of sufficient risk underlies the court judgments on BFOR.

Question 8

WHMIS is the umbrella legislation that monitors workplace harassment and misbehaviours.

Question 9

One problem with human rights legislation is that it makes it very difficult for employers to reward superior performance or penalize poor productivity because employees can always cite grounds for discrimination.

Question 10

Firing an employee for drug or alcohol dependency can be considered discrimination.

Question 11

For the purpose of making judgments on "reasonable accommodation," the term "undue hardship" has been clearly defined for major industry and organizational settings.

Question 12

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

Question 13

Provincial human rights acts generally cover the areas not covered by the Canadian Human Rights Act.

Question 14

Human rights legislation now exists in every area of Canada except the Yukon.

Question 15

Federal and provincial human rights legislation prohibit discrimination based on political beliefs.

Question 16

The Canadian Charter of Rights and Freedoms specifically discusses the rights of women and the gay community.

Question 17

"Control test" is a key measure for testing BFOQ.

Question 18

Employment equity requires treating everyone the same.

Question 19

All human rights legislation in Canada prohibits discrimination due to alcohol or drug dependency.

Question 20

Rejecting foreign-born applicants citing that they have "too much experience" or are "overqualified" can result in systemic discrimination.

Question 21

Which of the following is not helpful for establishing a bias-free employment practice?

A)Using a test that has predictive validity
B)Establishing job requirements after a careful job analysis
C)Providing a large-print test to a visually impaired employee
D)Recruiting employees through referrals from present employees
E)All of the above foster a bias-free employment practice

Question 22

The impact of the Charter of Rights on staffing practices in organizations has been:

A)minimal so far
B)significant only for large organizations
C)considerably varied from one province to the next
D)major and far-reaching
E)felt most by government organizations and federally controlled industries

Question 23

The Canadian Charter of Rights and Freedoms provides the following fundamental rights except for:

A)freedom of conscience and religion
B)freedom of opinion and expression
C)freedom of economic empowerment
D)freedom of peaceful assembly
E)freedom of association

Question 24

Which of the following is/are not prohibited grounds for discrimination in all human rights legislation in Canada?

A)Race or colour
B)Sex
C)Family status
D)Physical disability
E)All of the above

Question 25

An employer must accommodate an employee's religious practices unless:

A)such accommodation presents a conflict with the employer's own religious beliefs
B)the employee's religious beliefs are objectionable to the employer
C)the employee's religious beliefs are objectionable to the majority of other employees
D)the accommodation presents "undue hardship" to the employer
E)A and B are conditions under which an employer can refuse to accommodate

Question 26

Which of the following is/are part of a strategy to foster a culture that values diversity?

A)Actions of leaders
B)Use of symbols
C)Introduction of culturally consistent rewards
D)A and B
E)A,B,and C

Question 27

Drug and alcohol dependency is

A)grounds for immediate dismissal in almost all jobs
B)grounds for dismissal in many,if not most,jobs
C)treated as a disability under federal human rights legislation
D)treated as a disability in certain age groups under the Human Rights Act
E)B and D

Question 28

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)rights to organize unions

Question 29

The principle that an employer can be held responsible for the actions of an employee if evidence exists that the employer failed to make reasonable inquiries into the employee's background and suitability for the position is referred to as the doctrine of:

A)bias-free hiring
B)negligent hiring
C)invalid hiring
D)systematic hiring
E)none of the above

Question 30

Which of the following is/are helpful to achieve bias-free employment practices?

A)Set clear goals
B)Hire new employees based on recommendations from present employees
C)Establish common,minimum cut-off scores in employment tests for all groups
D)A and B
E)A,B,and C

Question 31

Which of the following is not a relevant consideration for the purpose of determining "undue hardship"?

A)Financial cost
B)Disruption of a collective agreement
C)Morale problems with other employees
D)Interchangeability of workforce and facilities
E)Employer's reluctance to accommodate

Question 32

When there is no intention to discriminate but discrimination occurs nonetheless this is called:

A)direct discrimination
B)systemic discrimination
C)unplanned discrimination
D)unintentional segregation
E)underemployment

Question 33

Based on past court decisions,it is fair to conclude that the Charter of Rights:

A)includes the right to strike
B)includes the right to bargain collectively
C)includes the right to bargain collectively,but not to strike
D)does not include the right to strike or to bargain collectively
E)none of the above statements about the Charter are accurate

Question 34

Which of the following is not an example of indirect discrimination?

A)Psychological inability of co-workers to deal with persons with disabilities
B)A requirements that an attendant in a women's locker room must be female
C)Minimum scores on a verbal ability test for a lift operator should be in the top fiftieth percentile
D)Minimum height for a police officer should be 6 feet
E)Our organization primarily recruits workers through a "buddy system" where friends and acquaintances of current employees are hired to ensure compatibility with organizational values and culture

Question 35

Under certain circumstances direct intentional discrimination is acceptable.Such legal discrimination is called:

A)BFOQ
B)reasonable accommodation
C)sufficient risk
D)bona fide special case employment
E)WHIMS

Question 36

"Fairness" can be interpreted as:

A)equal treatment
B)lack of bias
C)equality of outcomes
D)A and B
E)A,B,and C

Question 37

Indirect 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 are hired under "reasonable accommodation" policy
E)"sufficient risk" rule prevents specific organizational actions that prevent minorities from being hired

Question 38

While it is illegal to hire employees based on their gender,it is not illegal to:

A)have separate policies for men and women
B)reserve some jobs for men or women only (e.g. ,male welders,female receptionists)
C)have bona fide occupational qualifications
D)have similar standards for men or women even if such standards are arbitrary
E)C and D

Question 39

Which of the following is/are involved in managing diversity?

A)It takes a strategic approach.
B)It connects individual aspirations with organizational goals.
C)It focuses on environments.
D)A and B are involved.
E)A and C are involved.

Question 40

Rules of natural justice include:

A)the right to a fair hearing
B)the right to timely notice of a hearing
C)the right to select the arbiter
D)A and B
E)A and C