Preview Extract
Chapter 02: The Changing Legal Emphasis: Compliance and Impact on Canadian Workplaces
1. A company with employees in different provinces/territories must monitor the legislation
in each of those jurisdictions because
A. it is specified under employment law.
B. legislation changes and it may vary from one jurisdiction to another.
C. it is required under Canada Labour Code.
D. it is required under the Human Rights Act.
E. legislation has commonalities across jurisdictions.
Answer: B. legislation changes and it may vary from one jurisdiction to another.
2. The government in each jurisdiction has created special regulatory bodies to enforce
compliance with the law and aid in its interpretation. Two such bodies are the
A. human rights commission and labour unions.
B. ministry of labour and the HRSDC.
C. ministry of labour and labour unions.
D. employment equity commission and ministry of labour.
E. human rights commission and ministry of labour.
Answer: E. human rights commission and ministry of labour.
3. Establishing minimum employee entitlements is most closely associated with
A. employment equity legislation.
B. the Charter of Rights and Freedoms.
C. pay equity legislation.
D. human rights legislation.
E. employment standards legislation.
Answer: E. employment standards legislation.
4. Which of the following statements about equal pay for equal work legislation is true?
A. In the federal jurisdiction, this principle has been incorporated into the Employment
Standards Act since 1971.
B. The principle "equal pay for equal work" makes it illegal to discriminate through pay on
the basis of age.
C. Entitlements are found in the employment/labour standards legislation in every Canadian
jurisdiction.
D. The principle "equal pay for equal work" makes it illegal to pay nurses and fire fighters
differently if their jobs are deemed to be of equal worth to the employer.
E. Every jurisdiction in Canada has legislation incorporating the principle of equal pay for
equal work.
Answer: E. Every jurisdiction in Canada has legislation incorporating the principle of equal
pay for equal work.
5. Equal pay for equal work specifies that
A. there can be no pay discrimination on the basis of race, gender, or age.
B. male-dominated and female-dominated jobs of equal value must be paid the same.
C. jobs with similar titles must be paid the same.
D. all people doing the same job should receive an identical pay rate.
E. an employer cannot pay male and female employees differently if they are performing
substantially the same work.
Answer: E. an employer cannot pay male and female employees differently if they are
performing substantially the same work.
6. If a company classifies male employees as administrators and female employees doing the
same work as clerks and provides different wage rates based on the classifications, the
company is violating the
A. collective agreement.
B. principle of equal pay for equal work.
C. gender-based discrimination principle.
D. Income Tax Act.
E. none of the above.
Answer: B. principle of equal pay for equal work.
7. The Charter of Rights and Freedoms
A. is part of the Constitution Act of 1992.
B. applies to all Canadian employees and employers.
C. ensures that no laws infringe on Charter rights.
D. takes precedence over all other laws.
E. is fairly limited in scope.
Answer: D. takes precedence over all other laws.
8. Which of the following statements describe the Charter of Rights and Freedoms
accurately?
A. Legislation cannot be exempted from challenge under the Charter if a legislative body
invokes the "notwithstanding" provision.
B. The Courts of Appeal are the ultimate interpreters of the Charter.
C. The Charter allows laws to infringe on Charter rights if they can be demonstrably justified
as reasonable limits in a free and democratic society.
D. Employment standards legislation supersedes the Charter.
E. It applies to employees in certain provinces only.
Answer: C. The Charter allows laws to infringe on Charter rights if they can be demonstrably
justified as reasonable limits in a free and democratic society.
9. The Charter of Rights and Freedoms and the rights it contains, such as freedom of
association, apply to
A. private sector employers only.
B. actions of the federal government only.
C. actions of the federal, provincial, and municipal governments.
D. public and private sector employers.
E. actions of all governments and all employers.
Answer: C. actions of the federal, provincial, and municipal governments.
10. Which of the following statements about the Charter of Rights and Freedoms is true?
A. The federal government is the final arbiter of the Charter.
B. The overall impact of the Charter on the LR scene has been significant.
C. The Charter provides the right to live and work anywhere in Canada.
D. The Charter provides for minority language education rights and the right to live and work
anywhere in Canada.
E. The Charter guarantees the right to strike.
Answer: D. The Charter provides for minority language education rights and the right to live
and work anywhere in Canada.
11. Human rights legislation
A. primarily affects compensation and selection.
B. prohibits intentional discrimination only.
C. affects every employer in Canada.
D. is quite limited in scope.
E. is critically important to HR specialists, but has a relatively insignificant impact on
supervisors and managers throughout the firm.
Answer: C. affects every employer in Canada.
12. All jurisdictions in Canada prohibit discrimination on the grounds of
A. national or ethnic origin, race, and family status.
B. criminal history, sex, and creed or religion.
C. length of employment, race, and marital status.
D. race, sexual orientation, and marital status.
E. sexual orientation, ancestry or place of origin, and family status.
Answer: D. race, sexual orientation, and marital status.
13. A company in the manufacturing sector terminated an employee because she was
pregnant and about to go on maternity leave. This is a direct violation of the
A. Charter of Rights and Freedoms.
B. Employment Standards Act.
C. human rights legislation of the applicable province.
D. employment equity legislation of the applicable province.
E. health and safety legislation.
Answer: C. human rights legislation of the applicable province.
14. Deliberately refusing to hire, train, or promote an individual on the basis of age is an
example of
A. discrimination on the basis of association.
B. intentional/direct discrimination.
C. intentional and indirect discrimination.
D. systemic discrimination.
E. unintentional discrimination.
Answer: B. intentional/direct discrimination.
15. Requesting that an employment agency refer only male candidates for consideration as
management trainees is an example of
A. discrimination on the basis of gender.
B. discrimination on the basis of association.
C. systemic discrimination.
D. reverse discrimination.
E. a permissible employer practice.
Answer: A. discrimination on the basis of gender.
16. Asking young female factory-position applicants to demonstrate their lifting skills and not
asking older female candidates or any male candidates to do so is an example of
A. discrimination on the basis of age.
B. discrimination on the basis of age and gender.
C. discrimination on the basis of age and race.
D. a permissible employer practice.
E. unintentional direct discrimination.
Answer: B. discrimination on the basis of age and gender.
17. Refusing to hire a man who had been convicted and then pardoned for a drug-related
offence as a counsellor at a federal correctional centre is an example of
A. intentional direct discrimination.
B. pro-active recruitment.
C. systemic discrimination.
D. protection against negligent hiring.
E. a permissible employer practice under all human rights legislation.
Answer: A. intentional direct discrimination.
18. Refusing to promote a highly qualified white male into senior management because his
wife has just been diagnosed with a chronic illness that might interfere with his willingness to
work long hours is an example of
A. differential treatment.
B. discrimination on the basis of association.
C. discrimination on the basis of disability.
D. systemic discrimination.
E. reverse discrimination.
Answer: B. discrimination on the basis of association.
19. The most difficult type of discrimination to detect and combat is
A. differential treatment.
B. intentional direct discrimination.
C. intentional indirect discrimination.
D. reverse discrimination.
E. systemic discrimination.
Answer: E. systemic discrimination.
20. A local airline refuses to hire as flight attendants any person who is below 5 feet tall. This
is an example of
A. discrimination on the basis of age.
B. a permissible employer practice.
C. a neutral hiring policy.
D. discrimination on the basis of race.
E. discrimination on the basis of race and gender.
Answer: E. discrimination on the basis of race and gender.
21. Examples of systemic discrimination include
A. internal or word-of-mouth hiring policies in workplaces that have embraced diversity.
B. job-related employment tests.
C. lack of explicit anti-harassment guidelines.
D. refusing to hire persons convicted of a crime in Canada.
E. refusing to hire persons of Asian origin.
Answer: C. lack of explicit anti-harassment guidelines.
22. Which of the following statements is accurate about reasonable accommodation?
A. Accommodation short of the point of undue hardship to the employer is acceptable in
certain circumstances.
B. An employer is only required to accommodate in the case of discrimination on the basis of
gender.
C. Employers are expected to redesign a work station to enable an individual with a physical
disability to do a job.
D. Employers are not expected to adjust work schedules to accommodate religious beliefs.
E. Employers are not expected to adjust employment policies and practices if discrimination
is found.
Answer: C. Employers are expected to redesign a work station to enable an individual with a
physical disability to do a job.
23. A justifiable reason for discrimination based on business necessity is known as
A. reasonable accommodation.
B. permissible discrimination.
C. a business necessity requirement.
D. reverse discrimination.
E. a bona fide occupational requirement.
Answer: E. a bona fide occupational requirement.
24. Which of the following statements is accurate?
A. It is not legally permissible to refuse to hire a blind person to drive a truck.
B. Organizations must be able to show that any physical standards used for selecting
employees for a particular job are truly necessary.
C. Accommodating work schedules around religious holidays is generally not required by
human rights legislation.
D. Imposing rigid physical standards for certain jobs is not systemic discrimination.
E. Accommodating the needs of an employee with depression to the point of undue hardship
is not required in certain Canadian jurisdictions.
Answer: B. Organizations must be able to show that any physical standards used for selecting
employees for a particular job are truly necessary.
25. The Royal Canadian Mounted Police has a requirement that guards be of the same sex as
prisoners being guarded. This is an example of
A. a violation of a bona fide occupational requirement.
B. reasonable accommodation.
C. intentional and indirect discrimination.
D. a bona fide occupational requirement.
E. systemic discrimination.
Answer: D. a bona fide occupational requirement.
26. Which of the following statements is true?
A. Human rights legislation prohibits discrimination against all Canadians only in the area of
employment.
B. The human rights tribunal has the power to award damages to a person who has been
discriminated against in hiring and can fine employers who violate human rights protections,
but cannot order an employer to employ someone.
C. It is legally permissible for a bus company to require new drivers to be between the ages
of 24 and 35 for the business purpose that newly hired drivers will get the least favourable
routes and must therefore be young enough to cope with stress.
D. Evidence is readily available to support the position that age is an accurate indication of a
person's ability to perform a particular type of work.
E. The human rights tribunal has the power to order an employer to give a position to an
individual who has been discriminated against and also has the power to order financial
compensation for pain and suffering.
Answer: E. The human rights tribunal has the power to order an employer to give a position
to an individual who has been discriminated against and also has the power to order financial
compensation for pain and suffering.
27. Harassment
A. directed by clients or customers towards an employee is not the employer's responsibility
once it has been reported.
B. is prohibited on all prescribed grounds in all jurisdictions and is a violation of reasonable
accommodation.
C. includes offensive or humiliating behaviour that is related to a person's sex, as well as
behaviour of a sexual nature.
D. on a prohibited ground is not constituted by directing derogatory remarks about Italians
towards an Italian employee.
E. includes unwelcome behaviour that demeans, humiliates, or embarrasses a person, and that
a reasonable person should have known would be unwelcome.
Answer: E. includes unwelcome behaviour that demeans, humiliates, or embarrasses a
person, and that a reasonable person should have known would be unwelcome.
28. The Supreme Court of Canada has made it clear that
A. it is an employee's responsibility to prevent and report harassment.
B. having a harassment policy is sufficient to prevent harassment claims.
C. supervisors can be liable for failing to take action against harassment.
D. if harassment is occurring, supervisors can ignore it unless an employee reports it to them
directly.
E. alleged harassers should be severely punished.
Answer: C. supervisors can be liable for failing to take action against harassment.
29. A supervisor informing an employee that refusal to grant sexual favours will result in a
poor performance rating is an example of
A. executive privilege.
B. sexual coercion.
C. a job-related annoyance.
D. sexual annoyance.
E. a BFOR.
Answer: B. sexual coercion.
30. A "poisoned" work environment is associated with
A. an occupational health and safety violation.
B. sexual annoyance.
C. a direct link to tangible job benefits.
D. sexual coercion.
E. toxic substances.
Answer: B. sexual annoyance.
31. Jim is a new employee. He makes unwelcome sexual remarks and jokes. His behaviour is
offensive and intimidating to the female employees. Jim's behaviour is an example of
A. sexual annoyance.
B. permissible behaviour.
C. permissible behaviour as long as it does not violate a policy.
D. sexual harassment.
E. sexual coercion.
Answer: D. sexual harassment.
32. Guidelines for implementing a harassment policy should include
A. ensuring that a copy of the charge is placed in the file of the alleged harasser.
B. information for victims (for example, identifying and defining harassment).
C. requiring each employee to sign a document indicating that he or she has received
harassment training.
D. developing a policy that prohibits harassment on all grounds listed in the Canadian Human
Rights Act.
E. all of the above.
Answer: B. information for victims (for example, identifying and defining harassment).
33. Which of the following statements is true about human rights enforcement procedures?
A. Human rights investigators must obtain a court order before entering an employer's
premises.
B. Most human rights complaints are settled by a Board of Inquiry or Tribunal.
C. A human rights commission can initiate a complaint if it has reasonable grounds to believe
that a party is engaging in a discriminatory practice.
D. Filing a human rights complaint involves significant employee costs.
E. The only human rights cases that can be heard by the Supreme Court of Canada are those
involving federally regulated employers and employees.
Answer: C. A human rights commission can initiate a complaint if it has reasonable grounds
to believe that a party is engaging in a discriminatory practice.
34. Remedies for human rights code violations do not include
A. a written letter of apology.
B. implementation of an employment equity program.
C. compensation for pain and humiliation.
D. compensation for general damages.
E. ordering an employer to discriminate on a different prohibited ground than the one
complained about.
Answer: E. ordering an employer to discriminate on a different prohibited ground than the
one complained about.
35. The groups identified as having been subjected to pervasive patterns of differential
treatment by Canadian employers, referred to in the federal employment equity legislation as
designated groups, include
A. men.
B. women.
C. homosexuals.
D. clergy.
E. none of the above.
Answer: B. women.
36. Evidence of pervasive patterns of differential treatment against the employment equity
designated groups includes
A. harassment.
B. systemic discrimination.
C. sexual harassment.
D. discrimination.
E. underemployment.
Answer: E. underemployment.
37. The existence of certain occupations that have traditionally been performed by males and
others that have been female dominated is known as
A. concentration.
B. occupational segregation.
C. the glass ceiling.
D. underemployment.
E. underutilization.
Answer: B. occupational segregation.
38. Employment equity legislation aims to
A. bring the six traditionally disadvantaged groups into the mainstream of Canada's labour
force.
B. remove employment barriers and promote equality for women, visible minorities,
aboriginal people, and persons with disabilities.
C. remedy discrimination on the basis of gender, race, and disability.
D. request employers under provincial jurisdiction to have a better representation of the
designated groups at all levels within the organization.
E. request employers under federal and provincial jurisdiction to have a better representation
of the designated groups at all levels within the organization.
Answer: B. remove employment barriers and promote equality for women, visible minorities,
aboriginal people, and persons with disabilities.
39. An employment equity program is designed to
A. increase representation of men on corporate boards.
B. increase occupational segregation.
C. achieve a balanced representation of designated group members.
D. reduce harassment and related complaints.
E. reduce effects of a poisoned environment.
Answer: C. achieve a balanced representation of designated group members.
40. For an employment equity program to be successful,
A. an employment equity policy statement should be filed in the company's HR policies and
procedures manual.
B. a senior official should be appointed with the authority to discipline those failing to
comply.
C. an employment equity committee should be given ultimate authority.
D. senior management should be responsible for the implementation process.
E. a written policy, endorsed by senior management and posted throughout the organization
or distributed to every employee, is an essential first step.
Answer: E. a written policy, endorsed by senior management and posted throughout the
organization or distributed to every employee, is an essential first step.
41. Steps in the employment equity process typically include
A. obtaining senior-management commitment and support, data collection, employment
systems review training, and follow-up.
B. obtaining senior-management commitment and support, employment systems review,
diversity training, and systems review.
C. obtaining senior-management commitment and support, employment systems review,
implementation, and follow-up.
D. obtaining senior-management commitment and support, data collection and analysis,
employment systems review, plan development, implementation, and monitoring.
E. obtaining senior-management commitment and support, data collection and analysis,
employment systems review, and diversity training.
Answer: D. obtaining senior-management commitment and support, data collection and
analysis, employment systems review, plan development, implementation, and monitoring.
42. Which of the following statements is true regarding people with disabilities?
A. People with disabilities still fall short of their estimated labour market availability.
B. People with disabilities make up only 2.5% of the federal private sector workforce.
C. The representation of persons with disabilities in the federal public sector increased to
5.7% in 2004.
D. Of all the designated groups, people with disabilities in the private sector have benefited
least from the Employment Equity Act.
E. The median employment income of persons with disabilities is 83% of that of other
Canadian workers.
Answer: E. The median employment income of persons with disabilities is 83% of that of
other Canadian workers.
43. While half of the population in the Greater Toronto Area are visible minorities, evidence
of visible minority underemployment is the fact that
A. the Toronto mayor has never been a visible minority.
B. in a study of 3257 leaders in the Greater Toronto Area, only 13% were visible minorities.
C. visible minorities are more likely to be hired under employment equity policies than under
"open" recruitment and selection processes.
D. many people who are visible minorities own restaurants catering to specific ethnic tastes.
E. crime rates in visible minority neighbourhoods are much higher than the overall crime rate.
Answer: B. in a study of 3257 leaders in the Greater Toronto Area, only 13% were visible
minorities.
44. Employers are grappling with the problem of how to balance employee privacy rights
with their need to monitor the use of technology-related tools because
A. employers are trying to understand how to use technology to increase employee
productivity.
B. employers want to enable employees to respond to work issues when they are at home and
on weekends.
C. employers want to eliminate wasted time and abuse of company resources.
D. employers want employees to voluntarily maintain the organization's Facebook page.
E. employers fundamentally do not trust their employees.
Answer: C. employers want to eliminate wasted time and abuse of company resources.
45. The Personal Information Protection and Electronic Documents Act governs
A. the collection, use, and disclosure of personal information across Canada.
B. how governments at all levels may collect and use personal information across Canada.
C. the limits for the collection, use, and disclosure of personal information by employers.
D. the approved uses for data collected using "cookies" on corporate websites.
E. the establishment of "do not call" lists in every Canadian jurisdiction.
Answer: A. the collection, use, and disclosure of personal information across Canada.
46. ABC company has installed video surveillance equipment throughout its premises,
including in the employee washrooms, in order to prevent theft of company equipment and
supplies. What would the likely result be if employees object?
A. Courts would uphold the right of ABC company to install video surveillance equipment
anywhere on its property.
B. Courts would deny the right of ABC company to install video surveillance equipment
since it is an invasion of employee privacy.
C. If the company could demonstrate evidence of widespread employee theft, the surveillance
system would be allowed.
D. Courts would refuse to rule because the case lacks merit.
E. Courts would ask if there is a less invasive way to monitor employees and order the
removal of the video surveillance in the washrooms.
Answer: E. Courts would ask if there is a less invasive way to monitor employees and order
the removal of the video surveillance in the washrooms.
47. XYZ is a technology company. In the lobby of its corporate office, it has a large-screen
television that profiles employees who work at XYZ, as well as other company information.
Employees are asked to supply their name, business title, and their favourite hobby. The
collection of employee information for this purpose
A. is a violation of PIPEDA and not allowed.
B. can be made a condition of continued employment at XYZ.
C. is allowed as long as the hobby listed doesn't contain any information that is defamatory or
would otherwise harm the image of the employer.
D. is allowed as long as everyone participates without discrimination based on age, race, or
sex.
E. is allowed if employees give their consent.
Answer: E. is allowed if employees give their consent.
48. Contract law governs collective agreements and individual employment contracts.
a. True
b. False
Answer: a. True
49. Under equal pay for equal work legislation, pay differences based on a valid merit or
seniority system or employee productivity are permitted.
a. True
b. False
Answer: a. True
50. Job evaluation systems that undervalue jobs traditionally held by women are an example
of systemic discrimination.
a. True
b. False
Answer: a. True
51. National or ethnic origin is a protected ground for discrimination in British Columbia.
a. True
b. False
Answer: b. False
52. Employers are expected to accommodate to the point of undue hardship.
a. True
b. False
Answer: a. True
53. Refusing to hire an individual for a security guard position on the basis that he or she is
considered to be too large and heavy is an example of a bona fide occupational requirement.
a. True
b. False
Answer: b. False
54. Although women make up almost one-half of the Canadian work force, they are still
underrepresented on executive teams.
a. True
b. False
Answer: a. True
55. A deliberately structured process is involved when developing an employment equity
program.
a. True
b. False
Answer: a. True
56. Enforcement of human rights acts is the responsibility of the RCMP in Canada.
a. True
b. False
Answer: b. False
57. Youth aged 17 to 24 are a designated group for Employment Equity due to the high
unemployment rates experienced by that group.
a. True
b. False
Answer: b. False
58. The advancement of women into senior management positions has been hindered by the
existence of a "glass ceiling."
a. True
b. False
Answer: a. True
59. A company policy that limits employee use of the internet on company computers is a
violation of the privacy rights of employees.
a. True
b. False
Answer: b. False
60. Any information collected by an employer beyond name, title, business address, and
telephone number is considered personal and private and may not be disclosed without
employee consent.
a. True
b. False
Answer: a. True
61. Employers may not use video surveillance in the workplace if a less invasive way of
monitoring employees is reasonable and available.
a. True
b. False
Answer: a. True
62. Define and give an example of 1) intentional discrimination and 2) unintentional
discrimination—also known as constructive or systematic discrimination.
Answer: Intentional discrimination—deliberately refusing to hire/train/promote someone on
the basis of one of the protected grounds. Unintentional discrimination—policies or practices
that have an adverse impact on specific groups of people for reasons that are not job related.
63. Identify five prohibited grounds of discrimination and describe how ONE of the five you
identify can be the source of constructive discrimination.
Answer: Any five of the prohibited grounds will do with an example of constructive
discrimination, e.g., a height requirement for police officers.
64. What is a bona fide occupational requirement (BFOR)? Define the term and give an
example of a BFOR for a truck driver.
Answer: A bona fide occupational requirement is a justifiable reason for discrimination based
on business necessity. For a truck driver, a BFOR would be corrected vision of approximately
20/20.
65. Two job ads for a store clerk position are posted on Craigslist. One is for a small corner
store that employs only two clerks. The other is for a large department store chain. Both ads
say "must be available to work on Saturday." A qualified individual whose religious
observances mean they are unavailable for work on Saturday applies for each job. Describe
the employer's responsibility for reasonable accommodation in this case, and why you think
the employer would be expected to accommodate the job applicant in each case.
Answer: The requirement to work on Saturday is reasonable and would be a BFOR.
Employers would generally be expected, however, to devise a work schedule to
accommodate the job applicant. For the small corner store, this might not be possible, and the
accommodation might be "undue hardship" given the number of people working at the store.
For the large department store chain the accommodation could be made more easily.
66. Sexual harassment has two categories: sexual coercion and sexual annoyance. Define the
two terms and describe three components of an anti-harassment policy.
Answer: Sexual coercion involves offering benefits for sex. Sexual annoyance involves
unwelcome remarks, advances, etc., that create a "poisoned work environment." Components
for an effective policy can be any of the guidelines from p. 36.
67. Identify the four designated groups under Employment Equity legislation. For each of the
four designated groups, describe the way in which the group is under-represented in the
workforce today.
Answer: Women, aboriginals, people with disabilities, and visible minorities. Women are
under-represented in leadership positions and remain under-represented in certain
occupations (such as engineering). Aboriginal peoples have an unemployment rate
significantly higher than the general population, and the same is true for persons with
disabilities. Visible minorities are frequently under-employed, with qualifications that are not
recognized in Canada.
68. What steps should an employer use to design an employment equity program and ensure
success?
Answer: Employment equity programs are designed to achieve a balanced representation of
designated group members in the organization. It is a major management exercise because
existing employees must be comfortable with other from diverse backgrounds, cultures,
religions, etc. The following are the key steps to follow when designing a program:
1. Obtaining senior management commitment and support—a written policy endorsed by
senior management should be posted throughout the organization or distributed to all
employees
2. Data collection and analysis—this permits the organization to develop an internal work
force profile
3. Employment systems review—a comprehensive examination of existing policies,
procedures, practices, etc., to determine their impact on designated group members, so that
existing intentional and systemic barriers can be eliminated
4. Plan development—setting of goals and timetable
5. Implementation
6. Monitoring, evaluating and revising
Test Bank for Management of Human Resources: The Essentials
Nina D. Cole, Gary Dessler, Nita Chhinzer
9780133807332, 9780134305066
