Chapter 4: Meeting Legal Requirements

A Canadian Human Rights Commission ruling has said that nepotism A. amounts to a form of discrimination B. is discriminatory except for hiring the children of employees for summer jobs C. is not discrimination D. is only discriminatory if it involves white males E. was not an issue for the Commission to consider

A

An employer has a duty to accommodate an employee's human rights up to the point A. of "undue hardship" B. where the employer spends up to $3000 per employee C. that the employer feels they want to D. that the employee demands E. stated specifically in the Human Rights Act

A

Experience seems to indicate that most human rights cases are settled at the following stage A. the complainant goes to a human rights officer who investigates and attempts to settle it B. the case is presented to the Human Rights Commission C. the case goes before a Human Rights Tribunal D. the case goes before the courts E. most cases are never settled

A

Governments often create special regulatory commissions and boards in order to A. to avoid flooding the courts (with often minor issues) as the workplace becomes increasingly regulated B. to make jobs for the unemployed regulators C. to do a preliminary organizing of cases before sending them to the courts D. because the courts were refusing to hear workplace complaints E. because the courts did not know enough to make reasonable judgments

A

Human rights legislation does not permit employers to reward or penalize employees based upon A. race B. ability C. performance D. productivity E. workplace behaviour

A

Managers or supervisors who retaliate in any way against employees who have brought complaints under the Human Rights Act A. are committing a criminal act B. may legally do so C. may legally do so as long as the employee doesn't complain D. may do so with the approval of the firm's human resource department E. may do so with the approval of the Human Rights Commission

A

Recently the Supreme Court has decided in regards to same-sex couples that A. sexual orientation is a prohibited ground for discrimination B. only married same-sex couples must be treated the same way as heterosexual couples C. sexual orientation is not a human rights issue D. like heterosexual couples, businesses may refuse to hire both partners to work together E. individual gays and lesbians are not protected, but gay and lesbian couples are

A

Under certain circumstances direct intentional discrimination is acceptable. Such legal discrimination is called A. bona fide occupational qualification B. affirmative action C. bona fide special case employment D. a priori occupational qualifications E. ad hoc accommodation

A

All the below are rules in the concept of Natural Justice except A. the right to a fair hearing B. the right to having all cost of a hearing covered by a third party C. the right to legal representation D. the right to an impartial hearing E. the right to a hearing within a reasonable time

B

All the following are examples of indirect discrimination except A. psychological inability of people to deal with persons with disabilities B. requirements that an attendant in a women's locker room must be female C. minimum scores on certain employment tests D. minimum height or weight requirements for police forces E. internal or word-of-mouth hiring policies

B

Federal and provincial human rights legislation A. are completely identical B. are not identical but generally mirror one another C.differ to a fair degree D. have no common elements between them E. actually contradict each other

B

Human rights legislation differs from other employment related laws and regulations in that it A. is limited in scope and application B. affects nearly every human resource function C. can only be applied if organizations wish D. is not relevant in most cases E. cannot supersede any organization's current policies

B

In a recent ruling the Supreme Court established new criteria to define a bona fide occupational qualification, including that A. the BFOQ standard must be unconnected to job performance B. the BFOQ standard was established in an honest belief that it was rationally connected to the proper performance of the job C. the BFOQ standard must be an unnecessary requirement to successful job performance D. the BFOQ standard must only apply to certain groups E. the BFOQ standard can not apply to target groups listed in the Employment Equity Act

B

In order to effectively develop an employment equity program an organization should A. first exhibit bottom-up support from all employees B. appoint a high-ranking director to indicate commitment C. avoid publicizing new policies both internally and externally until they are successful D. avoid a high-profile program director so as not to embarrass minority/target groups E. avoid setting goals that require specific timetables

B

Indirect or systemic 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 may not be hired because there are specific safety or efficiency related reasons E. organizational policies forbid the hiring of people based solely on race or sex

B

No person should be denied employment because of a disability and voluntary adjustments to a workplace are made for special needs employees. This is referred to as A. BFOQ B. reasonable accommodation C. duty to accommodate D. systemic changes E. reverse discrimination

B

Section 1 of the Charter guarantees rights and freedoms, but qualifies with adjectives such as "reasonable" and "demonstratively justified", which is one reason why A. the Charter is no longer valid B. cases end up in the judicial system C. the Charter doesn't apply to non-human resource managers D. the Charter is seen as anti-union E. it is easier for employees to defend their rights in Canada

B

The Canadian Charter of Rights and Freedoms is contained in the A. BNA Act of 1867 B. Constitution Act of 1982 C. Declaration of Independence D. Canadian Human Rights Act (1977) E. Canadian legislation concerning Immigration

B

The Employment Equity Act specifies that an employer shall provide "reasonable accommodation to correct...under-representation." All the below are examples of "reasonable accommodation" except A. providing a sign language interpreter to interview a deaf candidate B. putting in an elevator to the third floor of a home office to provide for a disabled job applicant C. allowing religious minorities to alter their work schedules to accommodate certain religious obligations D. altering dress codes to permit aboriginal people to wear braids E. providing special telephone or computer equipment for a person who is hearing or visually impaired

B

The impact of government on the human resource function is A. subtle and indirect B. direct and immediate C. indirect but increasing D. present but decreasing E. important to strategy, but not important to daily operations

B

The minimum standards that have been accepted as non-legal guidelines by arbitrators, judges, and other decision makers of fair decision making is called A. the principle of Natural Fairness B. the principle of Natural Justice C. the principle of Distributive Justice D. the principle of Moral Decision-making E. the principle of Utilitarian Fairness

B

A person who brings a charge of sexual harassment yet has been shown to have cooperated with the respondent A. will be charged himself/herself B. will not have the fact considered at the hearing C. must show that cooperation was due to employment-related threats or promises D. is not required to have to verify any embarrassing behaviour or events E. will not be entitled to a hearing

C

According to Statistics Canada, in 2005 women earned on average __________ for every dollar earned by men. A. 65 cents B. 77 cents C. 85 cents D. 95 cents E. $1.05

C

Federal Court rulings have indicated that drug and alcohol dependencies A. can be grounds for immediate dismissal B. are not covered in any sense under the Canadian Human Rights Act C. can be interpreted as disabilities under the Act D. are not an excuse for behaviour that could otherwise result in dismissal E. may be allowed to indulge their dependencies in the workplace

C

Supreme Court decisions have affirmed that the rights to bargain collectively and to strike are A. fundamental freedoms B. guaranteed under the Charter's Section 2 protecting the freedom of association C. statutory rights only D. no longer rights E. historical rights beyond the reach of the Charter

C

The Canadian Charter of Rights and Freedoms provides the following fundamental rights except A. freedom of conscience and religion B. freedom of thought, belief, opinion, and expression C. freedom from hunger and want D. freedom of peaceful assembly E. freedom of association

C

The Canadian Human Rights Act prohibits discriminating against a person if A. they have ever been convicted of an offence B. they have ever been arrested, even if not convicted of anything C. they have been convicted of an offence for which a pardon has been issued D. they have served time in jail or prison E. they have ever file a complaint with the police

C

The Canadian Human Rights Commission has held that discrimination against an employee on grounds of HIV infection or AIDS A. is not discrimination if the person has the disease B. only discrimination if a decision is based on a suspicion of the person having the disease C. is a violation of the Human Rights Act D. may be discriminatory but is allowable for the safety of other employees E. is allowed until the person can show that they do not have the disease

C

The Employment Equity Act of 1987 is specifically intended to remove employment barriers and promote equity for all the following groups except A. women B. aboriginal peoples C. gays and lesbians D. people with disabilities E. visible minorities

C

The courts have ruled that terminating someone's employment due to their age A. is always discriminatory B. is not discriminatory for anyone over the age of 55 C. is not discriminatory if the person has reached the normal retirement age for that profession D. is only discriminatory for minority groups E. is not a factor to be considered

C

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. social welfare rights

C

The following prohibited grounds for discrimination are common to all human rights acts in Canada except A. race or colour B. sex C. family status D. physical or mental disability E. religion

C

The purpose of the Charter of Rights and Freedoms is to A. provide moral guidance B. provide a structure for human resource specialists C. provide fundamental rights to Canadians D. provide for lawyers and their families E. provide a safe working environment

C

The term "employment equity" has been officially used in Canada rather than the U.S. term "affirmative action" mainly because A. the Americans have copyrighted their term and Canada would have to pay to use it B. the American term cannot be easily translated into French C. the American term carried too many negative associations with it D. Canadians tend to be less "affirmative" than Americans E. Canadian law forbids the use of the word affirmative

C

When there is no intention to discriminate but discrimination occurs nonetheless this is called A. direct discrimination B. intentional discrimination C. systemic discrimination D. unplanned discrimination E. bona fide occupational qualification

C

While it is illegal to recruit, hire and promote employees based upon a person's sex, it is not illegal to A. to have separate policies for men and women B. to reserve some jobs for men or women only (eg. male welders) C. have bona fide occupational qualifications D. to have similar standards for men or women even if such standards are arbitrary E. to hire on the basis of sex so long as this has been made clear from the beginning

C

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 a majority of the other employees D. the accommodation presents "undue hardship" to the employer E. such accommodation implies that the employee's beliefs are superior to those of the other employees

D

Canadian human rights legislation consists of A. federal acts only B. provincial acts only C. federal, international, and United Nations acts D. both federal and provincial acts E. federal, provincial, and international acts

D

Discrimination is clearly and specifically defined in A. the Charter of Rights and Freedoms, but nowhere else B. almost all provincial human rights acts, but not in the Charter C. the Charter and in most provincial acts D. neither the Charter nor any provincial human rights legislation except Quebec E. the Canadian Human Rights Act alone

D

If an organization has a non-compliance charge with the Human Rights Commission, who can the charge be against? A. the organization alone B. individuals within the organization C. only one group D. the organization or individuals within the organization E. the HR department only

D

In relation to union issues, legal decisions have held that the Charter A. does include the right to strike B. does include the right to bargain collectively C. does include the right to bargain collectively, but not to strike D. does not include either the right to strike nor to bargain collectively E. has had no real impact on any major union issue

D

Legal challenges and issues that affect the management of human resources include all the below except A. human rights complaints B. harassment C. pay equity D. automation E. employment equity

D

Legally actionable workplace harassment includes incidents or behaviours that occur A. anytime or anyplace B. only during working hours C. only at the workplace D. anytime or anyplace if they are employment-related E. only between supervisors and their immediate subordinates

D

The impact of the Charter of Rights and Freedoms, specifically on human resources management A. is minimal B. does not apply to business organizations C. varies from province to province D. is major and far-reaching E. is felt less by Canadian organizations than by foreign subsidiaries

D

All the following can result from a charge of reverse discrimination in enacting employment equity except A. it may place a human resource department in a difficult position B. it can raise questions about intrinsic fairness C. it can allow a less qualified employee to be hired D. it can be seen by the Human Rights Act to be non-discriminatory when fulfilling the spirit of the law E. it indicates that the organization is not responding to employment equity requirements

E

Among federal governmental legislation that has had an impact on the human resource function are all the following except A. Canada Labour Safety Code B. Charter of Rights and Freedoms C. Human Rights Act D. Employment Equity Act E. Provincial Occupational Health and Safety legislation

E

Among the steps in an Employment Equity Program are included all the following except A. surveying the workforce (both internal and external) B. appointing a senior director to oversee the program C. publicizing organizational commitment D. developing goals and timetables E. providing flexibility by establishing vague, non-specific control systems and reporting procedures

E

Employers often voluntarily enact Employment Equity Programs because of all of the following except A. open discrimination can lead to negative publicity B. excluding an entire group of people limits the number of people available to work C. apparent or perceived discrimination can lead to government intervention D. perceived discrimination can lead to consumer boycotts E. they have been told to by the courts or fall under government regulation

E

Employment Equity particularly affects the human resource function of all the following except A. recruiting B. producing job descriptions C. selection D. performance appraisal E. occupational health and safety

E

Harassment may include all the following except A. verbal abuse B. leering or related gestures C. unwelcome remarks, jokes or innuendo D. unnecessary physical contact E. innocent compliments

E

Human Resource specialists are concerned with legislation and regulations for all of the following reasons except A. its necessary to stay informed or their knowledge becomes useless to the organization B. interpretation by regulatory bodies and court rulings affect HR activities C. company programs must be legally compliant D. poor public relations or law suits can occur against an organization E. they will be legally responsible for all of an organizations activities

E

Human Rights Tribunals have maintained that sexual harassment exists when all of the following occur except A. encounters are unsolicited and unwelcome B. conduct continues despite protests C. complainant's dislike of actions is known to the person doing the "harassing" D. conduct ceases but complainant suffers negative workplace consequences E. encounters are mutually welcome

E

Provincial human rights legislation exist in every province/territory except Nunavut and A. Ontario B. Northwest Territories C. Quebec D. Alberta E. only Nunavut; because it is still under federal legislation

E

Relevant considerations of the principle of "undue hardship" include all the following except A. financial cost B. disruption of a collective agreement C. morale problems with other employees D. interchangeability of work force and facilities E. employer's reluctance to accommodate

E

Sexual harassment only applies if the complainant is A. female B. female, gay or lesbian C. female, gay, lesbian, or a member of a protected class D. female, gay, lesbian, or a member of a protected class, plus male if harassed by another male E. a human being

E

Specific areas where the Charter of Rights and Freedoms provides protection include all of the following except A. democratic rights B. equality rights C. language rights D. Aboriginal rights E. union rights, especially the right to bargain collectively and to strike

E

The Supreme Court of Canada has ruled that the Charter does not guarantee the following labour rights except A. the right to strike B. the right to bargain collectively C. the right to picket D. the right to work regardless of mandatory retirement rules E. the right seek employment anywhere in Canada

E

he Canadian Human Rights Commission must hear any complaint filed (within its jurisdiction) though it may choose to do any of the following except A. refuse to deal with it if other procedures seem more appropriate B. refuse to deal with complaints it sees as trivial C. refuse to accept a third-party complaint D. refuse to deal with a complaint if too much time has elapsed since the alleged act E. refuse to hear complaints from individuals who are not members of government defined target group

E