Question 1

Which of the following groups is protected by the Employment Equity Act?

Accepted Answer

The Employment Equity Act in Canada is designed to protect specific groups that have been historically disadvantaged in the workplace. These groups include women, visible minorities, disabled people, and Aboriginal peoples. The Act aims to ensure these groups have equal opportunities for employment and advancement.

Question 2

What percentage of employed Canadians who pay income taxes are subject to federal regulation as opposed to provincial regulation?

Accepted Answer

A

Question 3

Dirk & Howe law firm hired a visually impaired lawyer and is purchasing voice recognition software for the lawyer's use when drafting legal documents.What legal obligation is Dirk and Howe fulfilling?

Accepted Answer

Dirk & Howe law firm is fulfilling the duty to accommodate by purchasing voice recognition software to support the visually impaired lawyer in performing their job duties. This action is aimed at adjusting the work environment to meet the needs of employees with disabilities.

Question 4

Although he has appropriate skills and training,Ranjit has been turned down for a job opening at a construction site because he cannot remove his turban based on his religious beliefs and is unable to wear a hardhat.What would a human rights commission most likely determine if Ranjit was to make a complaint?

Accepted Answer

A human rights commission would likely determine that this is a case of adverse effects discrimination based on a bona fide occupational requirement, as wearing a hardhat is a safety requirement on construction sites. However, the employer may still have a duty to accommodate Ranjit's religious beliefs unless it causes undue hardship.

Question 5

A judge is hearing a matter involving a claim for damages by an employee.The plaintiff alleges she suffered harm in the course of performing her employment duties,caused by a new manager's careless actions.What is a distinguishing characteristic of this type of action?

Accepted Answer

The answer of A judge is hearing a matter involving...

Question 6

What commonality exists in the employment relationships between an employer and an independent contractor and an employer and employee?

Accepted Answer

Both independent contractors and employees provide work or services in exchange for payment, which is a fundamental aspect of both types of employment relationships.

Question 7

What governing body was given the role of enforcing employment equity legislation?

Accepted Answer

The Canadian Human Rights Commission is responsible for enforcing employment equity legislation in Canada, ensuring that federally regulated employers provide equal opportunities for employment to four designated groups: women, Indigenous peoples, persons with disabilities, and members of visible minorities.

Question 8

What body of law has been amended to impose a new legal duty on organizations and individuals to protect the health and safety of workers?

Accepted Answer

The Criminal Code of Canada was amended to impose a new legal duty on organizations and individuals to protect the health and safety of workers, specifically through the Bill C-45 or the "Westray Bill," which introduced the possibility of criminal liability for negligence in workplace health and safety.

Question 9

In Canada,matters such as criminal record,ancestry,and political beliefs are all examples of prohibited grounds of employment discrimination.What is the most likely source of these types of prohibited grounds?

Accepted Answer

Different provinces and territories in Canada have their own human rights legislation, which may include various prohibited grounds of discrimination. Not all jurisdictions have the same list of prohibited grounds.

Question 10

Safehome Alarms has hired Jackson,an independent contractor,to install its alarm systems into customer homes.What is an important implication of Jackson's status as an independent contractor?

Accepted Answer

Jackson's status as an independent contractor means he is not considered an employee of Safehome Alarms, and therefore, he does not enjoy the statutory rights and benefits that employees typically receive, such as sick leave, health insurance, and workers' compensation.

Question 11

Marjorie and Jean,human resource managers,are meeting to discuss the possible reaction of other employees to Hector,who has recently become blind.What is most likely the intention of this employer with respect to Hector?

Accepted Answer

The intention of discussing the reaction of other employees to Hector, who has recently become blind, indicates a proactive approach to accommodate employees with special needs, ensuring a supportive and inclusive work environment.

Question 12

Which of the following is a feature of Canada's Employment Equity Act?

Accepted Answer

The Employment Equity Act in Canada is designed to address the underrepresentation of four designated groups (women, Indigenous peoples, persons with disabilities, and members of visible minorities) in the workforce. It applies to federally regulated industries, including those in the private sector, public sector, and federal crown corporations, typically affecting workplaces of 100 or more employees. This is to ensure these workplaces implement equitable practices to improve representation and address employment barriers faced by these groups.

Question 13

Big Guys Construction is hiring new carpenters to work on a new commercial construction project.In its advertisement,Big Guys specified that preference will be given to workers who are taller than 6 feet.What form of discrimination might this requirement constitute?

Accepted Answer

This requirement could constitute adverse effect discrimination, as it may unintentionally disadvantage certain groups, such as women or individuals from certain ethnic backgrounds, who are statistically less likely to be taller than 6 feet.

Question 14

Diane provides accounting services to Ablemade Construction,one of her many clients.Each month she picks up paperwork from Ablemade and takes it to her home office and prepares the month end accounts payable,receivable and payroll,using her own computer and specialized accounting software.Which statement best represents the relationship between Diane and Ablemade?

Accepted Answer

Diane operates independently, using her own tools and working from her own office, which are characteristics of an independent contractor relationship.

Question 15

Tara is a website designer and has arranged to meet with Barb at a coffee shop to discuss a website Barb's company would like pay Tara to design.If Tara undertakes this project,which of the following will most likely result?

Accepted Answer

Given the context, Tara and Barb are likely to enter into an independent contractor arrangement. This means Tara will be responsible for her own taxes and liabilities, and her work, while important, does not make her an employee of Barb's company.

Question 16

Which of the following might an employer have relied upon in its successful bid to convince a human rights commission that it would incur "undue hardship"?

Accepted Answer

Evidence that accommodation will pose a health and safety risk is a valid reason for claiming "undue hardship" as it can significantly impact the well-being of employees and the operation of the business.

Question 17

Gia is an airline pilot with a major Canadian airline and was recently terminated from her employment.If Gia were to challenge her dismissal,which laws would govern the legal dispute?

Accepted Answer

Since airlines are federally regulated industries in Canada, employment disputes for airline employees like Gia are governed by federal legislation, such as the Canada Labour Code, in addition to applicable common law principles.

Question 18

Six months ago,Mr.Black was hired to manage Tamara's department.Since then,she has reported two incidents of sexual harassment to her human resources manager.Tamara is now very uncomfortable under Mr.Black's supervision,and her health and work performance have suffered.Which of the following is a valid concern for the company's human resources manager in these circumstances?

Accepted Answer

Employer liability for negligent hiring is a valid concern because it highlights the responsibility of the employer to prevent torts, such as sexual harassment, by ensuring they do not hire individuals who pose a risk to others.

Question 19

What is the most common defence to an allegation of employment related discrimination?

Accepted Answer

The most common defense to an allegation of employment-related discrimination is the bona fide occupational requirement (BFOR). This defense is used when an employer can demonstrate that a specific requirement, qualification, or factor is necessary for performing the job in question, despite it appearing discriminatory.

Question 20

Which of the following is an emerging legal category of worker?

Accepted Answer

Dependent contractors are an emerging legal category of workers who are not employees but depend on a single employer for the majority of their income, bridging the gap between traditional employees and independent contractors.

Quiz 20: The Employment Relationship