Chapter 2 Terms and Practice MCQ

Employment Standards Legislation

(Labour) laws present in every Canadian jurisdiction that establish minimum employee entitlements and set a limit on the maximum number of hours of work permitted per day or week.

Restitutional Remedies

Monetary compensation for the complainant to put them back to the position they would be in if the discrimination had not occurred (this includes compensation for injury to dignity and self-respect), and may include an apology letter.

Reasonable Accomodation

The adjustment of employment policies and practices that an employer may be expected to make so that no individual is denied benefits, disadvantaged in employment, or prevented from carrying out the essential components of a job because of grounds prohibited in human rights legislation

Precedent

The decision or interpretation of a court of another jurisdiction or similar case can act as a persuasive authority regarding how legislation is to be interpreted and applied in other jurisdictions or case.

Undue Hardship

The point to which employers are expected to accommodate under human rights legislative requirements.

Differential or Unequal Treatment

Treating an individual differently in any aspect of terms and conditions of employment based on any of the prohibited grounds.

Harrassment

Unwelcome behaviour that demeans, humiliates, or embarrasses a person and that a reasonable person should have known would be unwelcome.

KSAs

knowledge, skills, and abilities

Discuss at least five prohibited grounds of discrimination under human rights legislation

1. Race 2. Colour 3. Sexual Orientation 4. Religion or Creed 5. Physical or Mental Disability 6. Sex 7. Age 8. Marital Status

Employment Equity Program

A detailed plan designed to identify and correct existing discrimination, redress past discrimination, and achieve a balanced representation of designated group members in the organization.

Bona Fide Occupational Requirement (BFOR)

A justifiable reason for discrimination based on business necessity (i.e., required for the safe and efficient operation of the organization) or a requirement that can be clearly defended as intrinsically required by the tasks an employee is expected to perform.

What is the highest and broadest level of legislation related to employment law? A. Canadian Charter of Rights and Freedoms B. collective bargaining agreements C. human rights legislation D. employment standards legislation

A. Canadian Charter of Rights and Freedoms

What does a bona fide occupational requirement mean? A. There is a justified reason for discrimination based on a real business or job requirement. B. Human resource policies with indirect discrimination are rarely penalized. C. The employer has a requirement to provide reasonable accommodation to designated groups. D. The organization has a form of systemic bias in their selection process.

A. There is a justified reason for discrimination based on a real business or job requirement.

Which of the following would demonstrate a lack of employer responsibility for reducing harassment in the workplace? A. limiting anti-harassment policy statements and commitments to supervisor-employee relationships and employee-employee relationships B. having guidelines for handling unsubstantiated complaints or complaints made in bad faith C. establishing penalties for retaliation against a complainant D. having established guidelines for appeals for employees who are accused of harassment

A. limiting anti-harassment policy statements and commitments to supervisor-employee relationships and employee-employee relationships

To become an accountant, individuals often complete extensive training and secure professional designations. At a hypothetical university offering an accounting major, the program demographics have remained relatively unchanged for the last decade at 73 percent males and 27 percent females. This an example of ________________. A. occupational segregation B. the glass ceiling effect C. equal pay for equal work D. employment equity programs

A. occupational segregation

In a wrongful dismissal lawsuit, the lower court's rulings can be appealed all the way up to the Supreme Court of Canada. The fact that the Supreme Court's ruling will be binding and have more authority than the lower court decisions is known as ____________. A. stare decisis B. precedent C. modus operandi D. tort

A. stare decisis

An office management company has a head office in Nova Scotia with 150 employees, but also has 50 employees in a branch office in British Columbia and 300 employees in a branch office in Alberta. What provincial employment standards acts should the HR department follow? A. the ESA of Alberta, Nova Scotia, or British Columbia, depending on where the employee works B. the ESA of Nova Scotia, since the head office is there C. the ESA of Alberta, since most employees are there D. the federal ESA, since they have employees across Canada

A. the ESA of Alberta, Nova Scotia, or British Columbia, depending on where the employee works

Glass Ceiling

An invisible barrier, caused by attitudinal or organizational bias, that limits the advancement opportunities of qualified designated group members.

Discrimination

As used in the context of human rights in employment, a distinction, exclusion, or preference based on any of the prohibited grounds that has the effect of nullifying or impairing the right of a person to full or equal recognition and exercise of their human rights and freedoms.

Franklin Johns recently signed a collective agreement with his union that provides more vacation than the Employment Standards Act provisions. Johns' new plant manager wants to void the collective agreement provision and use the minimum entitlement in the act instead to save money. Which of the following statements is accurate? A. The ESA probably provides more vacation time than any collective agreement. B. If there is a conflict between the ESA and another contract, the principle of greater benefit is applied. C. The plant manager has a good idea and has found a smart way to save money. D. Franklin Johns should realize that the ESA is just a suggested way to deal with employees.

B. If there is a conflict between the ESA and another contract, the principle of greater benefit is applied.

Which of the following is true about harassment? A. Harassment is limited to physical violence. B. Psychological harassment is more prevalent and pervasive in workplaces than physical violence. C. Psychological harassment is less prevalent and pervasive in workplaces than physical violence. D. Psychological harassment is as prevalent and pervasive in workplaces as physical violence.

B. Psychological harassment is more prevalent and pervasive in workplaces than physical violence.

What was the significance of the ruling in the Vancouver Public Library case where a security guard asked a library worker if she was interested in having drinks together after work? A. The court determined that management is accountable for the behaviour of all workers in the workplace, regardless of who they work for. B. The court determined that a single event with no adverse impact did not meet the threshold of sexual harassment. C. The court determined that the request to have "drinks" implied alcohol consumption, which could alter the decision making of the librarian. D. The court determined that sexual harassment is limited by gender identity.

B. The court determined that a single event with no adverse impact did not meet the threshold of sexual harassment.

Which of the following is true about discrimination based on a protected clause in the Human Rights Act? A. Discrimination on the basis of race and colour is legal in most Canadian jurisdictions. B. There was a large increase in complaints based on race or religion between 2015 and 2020. C. According to a recent survey in Toronto, discriminatory hiring practices and racism toward Muslim women in the workplace no longer exist. D. Evidence supports the belief that age is an accurate indicator of a person's ability to perform a particular type of work.

B. There was a large increase in complaints based on race or religion between 2015 and 2020.

Your local employment standards legislation indicates that employees are entitled to three paid sick days. The organization that is hiring you wants you to waive your rights to the employment standards legislation entitlements and accept two paid sick days instead. In order to incentivize you to waive your rights to the employment standards legislation entitlements, the company is willing to increase your base pay by $0.25 an hour. Based on your HR expertise, which of the following statements is true? A. This situation is legal because the employment standards legislation is not in effect if there is a strong employment contract in place. B. This situation is illegal because the principle of greater good applies. C. This situation is illegal because the increased base pay is insufficient to sign the waiver. D. This situation is legal because the organization is giving you something for waiving your employment standard minimums.

B. This situation is illegal because the principle of greater good applies.

Before 1982, sexual harassment was not interpreted as a form of sex discrimination (and therefore was not illegal). Employers were also perceived as not being responsible for the actions of their employees. A. This statement could be true if the date was changed to 1972. B. This statement is true. C. Employers are never responsible for the actions of their employees. D. This statement is false.

B. This statement is true.

Employment contracts are required for which group of employees? A. employees who gain benefits such as short-term disability from the employer B. all individuals who complete work for the organization C. limited-term contract employees only D. full-time workers only

B. all individuals who complete work for the organization

As a team-building exercise, an organization invites its employees and their significant others to a trivia night every other Friday. The company failed to recognize that there are a number of employees who feel they would be unwelcome at the trivia night (those who are widowed, single, etc.). What type of discrimination might this be? A. intentional discrimination B. differential discrimination C. permissible discrimination D. unintentional discrimination

B. differential discrimination

Which of the following is a prohibited ground of discrimination in employment in only some jurisdictions? A. race B. language C. sexual orientation D. nationality

B. language

Which one of the following is not one of the established criteria used to assess if discrimination qualifies as a BFOR? A. question of reasonable necessity B. question of social impact C. question of good faith D. question of rationale

B. question of social impact

A working father asked to modify his 9:00 a.m. to 5:00 p.m. shift to a 7 a.m. to 3:00 p.m. shift so that he can pick up his children from school. This an example of ____________________. A. a bona fide occupational requirement B. reasonable accommodation C. undue hardship D. permissible discrimination

B. reasonable accommodation

A vice-president of human resources for a large farm equipment contractor has developed a drug-free workplace compliance policy that defines expected employee behaviours and states penalties for non-compliance. This policy should also include __________________. A. 100 required hours of community service work for all first-time offenders B. substance abuse awareness programs for all employees C. sponsorship of public service announcements on local television or radio stations about substance abuse D. substance abuse awareness programs for all employers in the community

B. substance abuse awareness programs for all employees

If Zev works with a Canadian chartered bank, what jurisdiction would govern the employment relationship under which Zev works? A. the province or territory in which Zev works B. the federal government C. the bank can choose the rules that will allow it to compete D. the provincial government or the federal government if Zev works in a territory

B. the federal government

Underemployment

Being employed in a job that does not fully utilize one's knowledge, skills, and abilities (KSAs).

Which of the following is not an example of harassment? A. An employee stands in the doorway, trying to physically block a co-worker from leaving. B. An employee notices that a co-worker is stressed and decides to give them a backrub/massage. C. An employee asks a co-worker why they appear so stressed out today. D. A worker continually calls a colleague a "ratface" behind their back.

C. An employee asks a co-worker why they appear so stressed out today.

In order to comply with employment legislation, the HR department should develop programs, policies, and procedures that _____________________________. A. are fair, equitable, and promote discrimination B. are fair, equitable, and encourage systemic discrimination C. are fair, equitable, and prevent discrimination D. are fair, equitable to employees, and minimize opportunities for the four designated groups

C. are fair, equitable, and prevent discrimination

You're hired by an organization that wants to focus on reducing inequities in the workplace based on disability, family status, age, and national or ethnic origin. They have limited resources and want to prioritize minimizing the complaints that are received by the Human Rights Commission. Given your HR expertise, you are aware that there is a dominant type of complaint that is received by the Canadian Human Rights Commission. Which of the four areas would you suggest they focus in on first based on this information? A. national or ethnic origin B. age C. disability D. family status

C. disability

The Supreme Court has made it clear that protecting employees from harassment is part of a(n) ______ responsibility to provide a safe and healthy working environment. A. employee's B. co-worker's C. employer's D. shareholder's

C. employer's

What is the definition of tort law? A. laws that specifically regulate some areas of HRM (e.g., occupational health and safety) B. the broadest level at which all persons residing in Canada are guaranteed protection under constitutional law C. judge-based law, whereby the precedent and jurisprudences set by one judge through their assessment of a case establishes how similar cases will be interpreted D. the practice of ensuring legality across multiple jurisdictions, since it is possible for a policy, practice, or procedure to be legal in one jurisdiction yet illegal in others

C. judge-based law, whereby the precedent and jurisprudences set by one judge through their assessment of a case establishes how similar cases will be interpreted

According to the Supreme Court of Canada, what is the focus of a disability? A. the identification of a mental disability, but not a physical disability B. only the presence of the disability, but not the effect of the disability C. not simply the presence of the disability, but the effect of the disability D. the identification of a physical disability, but not a mental disability

C. not simply the presence of the disability, but the effect of the disability

The ___ focuses on basic rights guaranteed to all persons residing in Canada.

Canadian Charter of Rights and Freedoms

___ provide a legally binding agreement establishing minimum terms and conditions of employment affecting unionized positions

Collective bargaining agreements

An entrepreneur is running a company with six employees. Four of the employees are under 30 years old, and two of the employees are over 50 years old. The organization has limited funding available for training and development. The entrepreneur only wants to offer training to the younger workers because the entrepreneur feels that these employees may have longer career trajectories at the organization. This an example of __________________. A. legitimate discrimination B. duty to accommodate C. permissible discrimination D. age-based discrimination

D. age-based discrimination

The Employment Standards Act in a specific province indicates that employees must get at least 30 minutes of rest during a six-hour shift. What is not allowed in the independent employment contract? A. giving two 15-minute breaks during a 6-hour shift B. giving a 30-minute break for a 5-hour shift. C. giving a 40-minute break for a 6-hour shift D. agreeing to remove the breaks from a 7-hour shift as long as the employee signs off on it

D. agreeing to remove the breaks from a 7-hour shift as long as the employee signs off on it

Mariam is upset. She has been told that she did not get a promotion because she may not have enough time to devote to a more senior role. Mariam thinks this is because her employer knows that she has two children. What can Mariam do? A. complain to the labour relations board in her province B. complain to the Canada Labour Board C. complain under the Canadian Charter of Rights and Freedoms D. complain to the Human Rights Commission in her province

D. complain to the Human Rights Commission in her province

Regulations

Legally binding rules established by special regulatory bodies created to enforce compliance with the law and aid in its interpretation.

Two new tenure-track faculty members who just completed their Ph.D.s in management with a specialization in HR were recently hired by a local university. Although their background, training, and previous experience were comparable, the person who identifies as female was offered a starting salary of $111,000 and the person who identifies as male was offered a starting salary of $129,000. What legal consideration might be violated in this scenario? A. affirmative action B. equal pay for work of equal value C. due diligence D. equal pay for equal work

D. equal pay for equal work

Which of the following is not included in the Canadian Charter of Rights and Freedoms? A. freedom of association B. freedom of conscience C. freedom of peaceful assembly D. freedom to refuse unsafe work

D. freedom to refuse unsafe work

A local fitness centre called Women's Fitness wanted to hire only female personal trainers under the impression that clients selected this gym because they were only comfortable exercising and maintaining fitness in an exclusively female environment. Which of the Meiorin criteria does this align with best? A. question of reasonable necessity B. question of legitimacy C. question of definitive discrimination D. question of good faith

D. question of good faith

Reena's boss asked her out on a date. She refused. After her refusal, Reena noticed that her shifts at work were altered and she had reduced hours. What could this be an example of? A. harassment B. sexual annoyance C. gender discrimination D. sexual coercion

D. sexual coercion

A local basketball association has a rule that referees must be a minimum of 5′ 10″ tall. What is this an example of? A. intentional discrimination B. differential treatment C. bona fide occupational requirement D. unintentional discrimination

D. unintentional discrimination

Up to what point are employers expected to provide reasonable accommodation in employment policies and practices so that no individual is prevented from doing their job on the basis of prohibited grounds for discrimination? A. up to the point of a bona fide occupational requirement B. up to 10 employees or 10 percent of employees (whichever is less) C. up to $5,000 per accommodation D. up to the point of undue hardship

D. up to the point of undue hardship

Discrimination Because of Association

Denial of rights because of friendship or other relationship with a protected group member.

unintentional/constructive/systemic discrimination

Discrimination that is embedded in policies and practices that appear neutral on the surface and are implemented impartially, but have an adverse impact on specific groups of people for reasons that are not job related or required for the safe and efficient operation of the business

What is the purpose of Employment standards legislations (ESAs/LSAs)?

ESAs establish the minimum terms and conditions for workplaces in each jurisdiction, and violations of these terms are identified in a complaint-based process, whereby the appropriate ministry will investigate violations once an employee files a complaint.

___ focus on a contract between an individual employee and their employer regarding specified employment conditions in specified roles

Employment contracts

What is the purpose of employment equity programs?

Employment equity programs attempt to provide fair and equal employment opportunities to member of four designated groups: women, Indigenous Peoples, persons with disabilities, and visible minorities.

___ establishes minimum terms and conditions of the employment relationship within each jurisdiction (ex. minimum wages, hours of work, or maternity leave)

Employment standards legislation

Charter of Rights and Freedoms

Federal law enacted in 1982 that guarantees fundamental freedoms to all Canadians.

Systemic Remedies

Forward looking solutions to discrimination that require respondents to take positive steps to ensure compliance with legislation, both in respect to the current complaint and any future practices

Equality Rights

Found in Section 15 of the Charter of Rights and Freedoms, which guarantees the right to equal protection and benefit of the law without discrimination.

Sexual Coercion

Harassment of a sexual nature that results in some direct consequence to the worker's employment status or some gain in or loss of tangible job benefits.

___ provides protection from discrimination in employment relationships and the delivery of goods and services.

Human rights legislation

Human Rights Legislation

Jurisdiction-specific legislation that prohibits intentional and unintentional discrimination in employment situations and in the delivery of goods and services.

Sexual Harrassment

Offensive or humiliating behaviour that is related to a person's sex, as well as behaviour of a sexual nature that creates an intimidating, unwelcome, hostile, or offensive work environment or that could reasonably be thought to put sexual conditions on a person's job or employment opportunities.

___ provide protection under context- or content-specific laws affecting workplaces (like occupational heath and safety)

Ordinary laws

Tort Law

Primarily judge-based law, whereby the precedent and jurisprudences set by one judge through his or her assessment of a case establishes how similar cases will be interpreted.

Sexual Annoyance

Sexually related conduct that is hostile, intimidating, or offensive to the employee but has no direct link to tangible job benefits or loss thereof.

Equal Pay for Equal Work

Specifies that an employer cannot pay male and female employees differently if they are performing the same or substantially similar work