Chapter 3 Foundations of Recruitment and Selection II: Legal Issues

Transcription

1 : Legal Issues MULTIPLE CHOICE 1 With respect to recruitment and selection, what legislation has precedence over all other legislations? a constitutional law b human rights law c Canada labour law d employment equity legislation REF: 67 2 What are the four legal means that affect employment practices in recruitment and selection? a constitutional law, human rights law, employment equity, and labour law b constitutional law, criminal law, civil law, and labour law c criminal law, labour law, employment equity, and federal law d human rights law, employment equity, labour law, and civil law REF: 67 3 Which of the following laws do NOT regulate recruitment and selection within an organization? a Canadian Charter of Rights and Freedoms b human rights legislation c constitutional law d criminal law ANS: D REF: 67 4 What legal term states that there is a justifiable reason for a discriminatory employment practice or policy based on the necessity for business operations? a there is no justification for discrimination b employment equity c bona fide occupational requirement Copyright 2013 Nelson Education Ltd 3-1

2 d affirmative action ANS: C REF: 88 5 Which of the following is NOT covered by the Canadian Human Rights Act? a crown corporations b banks c Canada Post d BC labour laws ANS: D Copyright 2013 Nelson Education Ltd REF: OBJ: 1

3 6 Which of the following is responsible for the enforcement of the Canadian Human Rights Act? a Canadian Human Rights Tribunal b Canadian Human Rights Commission c Canadian Human Rights Labour Board d Human Resources Development Canada ANS: B REF: 71 7 A school teacher has HIV and the parents of many of the students have asked that their children be transferred to another teacher or school The school board has told the teacher that he must transfer to a position where he is not in contact with the children Which statement is true of this situation? a It is not discrimination because there is a safety concern for employees and students b It is not discrimination because the teacher would not be able to do his job c It is a violation of human rights legislation, based on physical disability d It is a violation of human rights legislation, based on sex ANS: C REF: 71 8 Which of the following statements best defines discrimination? a the duty of an employer to put in place modifications to discriminatory employment practices b any employment rule, practice, or policy that has a negative effect on employees c the denial of opportunity to a person or class of people based on a group characteristic such as age, colour, race, religion, marital status, or mental or physical disability d any unwelcome conduct or consequences that may detrimentally affect the work environment ANS: C REF: 67 9 Individuals who are overweight tend to receive fewer job offers than others, even in cases where their appearance or size has no possible bearing on their work performance Some employers continue to choose not to hire overweight individuals What protection do job applicants have under human rights laws? a Overweight job applicants have no protection under human rights laws b Protection based on physical disability, if it is medically diagnosed as a disability Copyright 2013 Nelson Education Ltd 3-3

4 c Protection based on compassionate grounds given that the weight was medically induced d Protection is not available given that a bona fide occupational requirement can be established, therefore allowing for discrimination ANS: B Copyright 2013 Nelson Education Ltd REF: OBJ: 5

5 10 A clothing store is recruiting seasonal employees It is October, and the successful candidates will be offered three months work for the store s busiest season One applicant with a solid background in retail sales appears to be pregnant The supervisor decides not to hire her What protection does the job applicant have under human rights law in this situation? a She is protected on the grounds of sex b She is protected on the grounds of family status c She is protected on the grounds of age d She is protected on the grounds of marital status REF: The Canadian Human Rights Commission received 889 complaints in 2009 What percentage of these complaints were related to discrimination of the disabled? a 18 percent b 28 percent c 38 percent d 48 percent ANS: C REF: Ann, who is four feet five inches tall, met with the manager of a liquor store to discuss employment as a cashier The manager seemed receptive, and Ann left the store with the impression that the manager would call to arrange training However, the manager hired someone else When Ann asked, the manager said Ann was too short to do the job What protection does Ann have under human rights law in this situation? a She is protected on the grounds of sex b She is protected on the grounds of physical disability c She is protected on the grounds of national origin d She is protected on the grounds of source of income ANS: B REF: Which of the following is a prohibited ground of discrimination? a culture Copyright 2013 Nelson Education Ltd 3-5

6 b tattoos c weight d skin colour ANS: D REF: Which of the following is NOT a prohibited ground of discrimination? a culture b race c age d religion REF: Within all Canadian jurisdictions, which of the following is a prohibited ground of employment discrimination? a criminal conviction b religion c family status d language ANS: B REF: To which of the following designated groups does employment equity apply? a women, visible minorities, Aboriginal peoples, and people with disabilities b visible minorities, Aboriginal peoples, and people with disabilities c immigrants, First Nations people, and people with physical handicaps d Aboriginal peoples, people with disabilities, and international students Copyright 2013 Nelson Education Ltd 3-6

7 REF: According to the textbook, what is the purpose of employment equity? a to achieve equality in the workplace b to generate equal opportunity employers c to encourage diversity management d to promote unbiased and fair hiring practices REF: What are the two necessary conditions for the Federal Contractors Program? a Employers must have more than 10 employees and more than $ of business with the federal government b Employers must have more than 50 employees and more than $ of business with the federal government c Employers must have more than 75 employees and more than $ of business with the federal government d Employers must have more than 200 employees and more than $ of business with the federal government REF: Which of the following is NOT a step in developing and implementing an employment equity plan? a Monitor the changing composition of the internal work force over time b Obtain government support for the employment equity effort c Set representative targets for designated groups based on availability of qualified workers d Make necessary changes to the employment equity intervention to bring designated groups up to future targets ANS: B Copyright 2013 Nelson Education Ltd REF:

8 20 Which interview question is legally valid? a How long have you lived in Canada? b What is your current address? c What is your maiden name? d Do you have child care arrangements? ANS: B REF: Which one of the following questions can be asked of a potential candidate? a Were you born in Canada? b Are you legally entitled to work in Canada? c What is your name on your birth certificate? d Is French your first language? ANS: B REF: OBJ: 3 22 Which of the following is an example of indirect discrimination? 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 REF: When the selection rate for a protected group is lower than that for the relevant comparison group, what might potentially occur? a discrimination b adverse impact c adverse effect discrimination d direct discrimination Copyright 2013 Nelson Education Ltd 3-8

9 ANS: B REF: What best describes the four-fifths rule? a Any employment rule, practice, or policy that has a negative effect on a group protected under human rights legislation b The duty of an employer to put in place modifications to discriminatory employment practices c The selection rate for the protected group is less than four-fifths that of the comparison group d Four-fifths of discrimination situations are unintentional ANS: C Copyright 2013 Nelson Education Ltd REF:

10 25 Which of the following is an example of effective practices for nondiscriminatory recruiting? a Post job advertisements only in-house b Rely solely on seniority when promoting employees c Rely on word-of-mouth advertising d Use outreach recruiting ANS: D REF: Scenario 31 Bill, who has an arthritic condition, applied for a position as a private bus driver He met all the conditions of the selection process but was rejected for employment by the company on the advice of the medical doctor who performed the mandatory medical examination 26 In order to NOT be accused of discrimination, what should the employer have established prior to conducting medical exams on bus drivers? a that the absence of arthritis was a bona fide occupational requirement for private bus drivers b that the medical exam was well established and valid as a screening and selection tool c that the medical exam was consistent and reliable as a screening and selection tool d that physical ability was a bona fide occupational requirement for a private bus driver REF: What protection does Bill have under human rights law in this situation? a Bill is not being discriminated against as public safety requires a high standard of driving skills b Bill is protected on the grounds of physical disability c Bill is protected by employment equity legislation d Bill is not being discriminated against as driving requires quick response of his hands and feet ANS: B REF: 71 Scenario 32 Copyright 2013 Nelson Education Ltd 3-10

11 Mr Smith, a public elementary school custodian, is a Seventh Day Adventist His religious beliefs prevent him from working from sundown Friday to sundown Saturday The work schedule, which requires him to work a Friday shift from 3 pm to 11 pm, is set out in the collective agreement between his employer and his union Accommodating Mr Smith s religious beliefs would require allowing him to work hours different from those specified The employer and the union can t agree on a means of accommodating Mr Smith As a result, he is dismissed from his job 28 Refer to Scenario 32 What legislation applies in this case? a the Canada Labour Code b the employment equity Act c provincial human rights law d the Canadian Human Rights Act ANS: C Copyright 2013 Nelson Education Ltd REF:

12 29 Refer to Scenario 32 What legal protected ground may be violated in this situation? a sex b ethnic origin c religion d race ANS: C REF: Refer to Scenario 32 What human rights legal concept has emerged in this situation? a accommodation b adverse effect discrimination c employment equity d sufficient risk ANS: B REF: 79 Scenario 33 You have recently been hired as the HR manager for KM Contracting, a medium-sized construction company with offices throughout Canada Many of the company s trades employees are unionized, and one of the company s largest contracts is with the federal government It has come to your attention that Ms Jones, an elderly woman who works as an office clerk, has been humiliated and treated disrespectfully about her obesity for 11 years She has been called offensive names and heard comments about the way she waddles During this time, her manager criticized her work performance and stated that women are best working at home in the kitchen She has been passed over for promotions and no longer applies for other positions because of her low self-esteem resulting from the intimidating workplace environment The company s discrimination policy states that it promotes a work environment that is free from discrimination Managers have stated that they cannot always distinguish between inappropriate or illegal discrimination behaviours The CEO has asked you to educate all levels of management about the legal requirements that must be met in recruitment and selection He also wants you to develop some practical nondiscriminatory recruitment and selection guidelines for all employees 31 Refer to Scenario 33 What are the four legal sources that affect KM Contracting s employment practices in recruitment and selection? a constitutional law, human rights law, employment equity, labour law b constitutional law, criminal law, civil law, labour law c criminal law, labour law, employment equity, federal law Copyright 2013 Nelson Education Ltd 3-12

13 d human rights law, employment equity, labour law, civil law REF: Refer to Scenario 33 What new legislation will affect KM Contracting s hiring practices? a civil law b industry codes of conduct c privacy legislation d Internet security laws ANS: C REF: Refer to Scenario 33 As the HR manager, how would you best define discrimination to the managers? a any employment rule, practice, or policy that has a negative effect on employees b the duty of an employer to put in place modifications to discriminatory employment practices c the denial of opportunity to a person or class of people based on a group characteristic such as age, colour, race, religion, marital status, or mental or physical disability d any unwelcome conduct or consequences that may detrimentally affect the work environment ANS: C REF: Refer to Scenario 33 As the HR manager, how would you describe Ms Jones s situation? a She is being sexually harassed, a form of discrimination b She is not being discriminated against as obesity is not one of the human rights prohibitions (unless it is diagnosed as a disability) c It is not a problem as a formal complaint has not been made over this 11-year period d She is being discriminated against based on age, sex, and family status REF: Refer to Scenario 33 In Ms Jones s situation, what factors would help management define whether the behaviours are discrimination? a The behaviours interfere with job performance by creating an intimidating environment Copyright 2013 Nelson Education Ltd 3-13

14 b The behaviours are unethical and unprofessional c The behaviours are a misuse of supervisory authority d The behaviours are socially and morally irresponsible REF: Refer to Scenario 33 In this situation, which of the following behaviours would NOT be discrimination? a Behaviour that is based on a condition of employment b Behaviour that is a misuse of supervisory authority c Behaviour that is nonverbal and limited to only a few incidents d Behaviour that is unintended REF: Refer to Scenario 33 Who might be liable in this situation? a the employer b the employee c the manager d the employer and manager ANS: D REF: OBJ: 3 38 Refer to Scenario 33 There are many reasons that Ms Jones may not have reported the problem over the 11 years These could have ranged from fears of job loss, retaliation, and embarrassment to low self-esteem, questioning her abilities, and believing she would be unsuccessful in her complaint As the HR manager, what do you need to do? a Develop policies and step-by-step procedures on your internal complaint process b Immediately begin checking the actions of Ms Jones s manager on a regular basis c Rescue Ms Jones from the situation d File a complaint immediately with the Canadian Human Rights Commission Copyright 2013 Nelson Education Ltd 3-14

15 REF: OBJ: 5 39 Refer to Scenario 33 The HR manager must follow many steps concerning Ms Jones s situation What step does NOT need to be considered? a Clarify and ensure acceptance of discrimination and complaint policies and procedures b Treat all situations and complaints seriously, and investigate immediately c Do not intervene in situations of possible discrimination unless there has been a formal complaint d Meet with and document discussions with all involved employees ANS: C REF: OBJ: 5 Scenario 34 You are the HR manager for a Canadian university located in Ontario An Asian university business professor has worked at that Canadian university for 15 years He was denied a tenure position on several occasions Three other faculty (all white) with less education and experience received tenure positions in the past two years 40 Refer to Scenario 34 Under which jurisdiction does this university fall? a federal b provincial c national d international ANS: B REF: Refer to Scenario 34 What legislation applies in this case? a the Employment Standards Act and labour law b the Employment Equity Act and Canadian Human Rights Act c provincial human rights law and labour law d the Canadian Human Rights Act and the Canadian Charter of Rights and Freedoms Copyright 2013 Nelson Education Ltd 3-15

16 ANS: C Copyright 2013 Nelson Education Ltd REF:

17 42 Refer to Scenario 34 What legally protected ground seems to be violated in this situation? a age b race c religion d language ANS: B REF: Refer to Scenario 34 What human rights legal concept has emerged in this situation? a reasonable accommodation b direct discrimination c employment equity d racial discrimination ANS: D REF: Refer to Scenario 34 There are many actions the HR manager can take What would be an important initial step to deal with this situation? a Adopt employment equity policies and practices b Ensure valid and reliable job-related criteria are used to assess applicants c Educate management on harassment prevention policies and practices d Initiate problem solving through a formal internal complaint process ANS: B REF: 101 Scenario 35 Copyright 2013 Nelson Education Ltd 3-17 OBJ: 5

18 TS Inc is a small Canadian aviation company located in Sydney, BC The company has over 30 employees, primarily pilots and aircraft maintenance engineers The CEO informs you that you should come up with a recruitment and selection system that will screen out pro-union attitudes and to keep this information confidential John, a Seventh Day Adventist, applied in person for an aircraft maintenance engineer position, in response to a newspaper advertisement that listed two years of experience and industry certification He was not contacted by TS Inc even though he had over eight years of experience His ex-wife, who was close friends with the CEO, told John that she had been contacted for a reference Four months later he learned that the recent hirees had less than two years of experience 45 Refer to Scenario 35 Under which jurisdiction does TS Inc fall? a federal b provincial c national d international Copyright 2013 Nelson Education Ltd REF:

19 46 Refer to Scenario 35 What legal sources are relevant to this situation? a the Employment Standards Act and labour law b the Employment Equity Act and privacy legislation c provincial human rights law and the Canadian Charter of Rights and Freedoms d the Canadian Human Rights Act and privacy legislation ANS: D REF: Refer to Scenario 35 What legally protected ground seems to be violated in this situation? a age b family status c religion d marital status ANS: C REF: Refer to Scenario 35 What human rights legal concept has emerged in this situation? a individual accommodation b direct discrimination c employment equity d adverse effect and reasonable accommodation ANS: D REF: Refer to Scenario 35 What actions could the HR manager have taken to avoid any concerns about privacy and reference checks? a not conduct references as they are not a good source of information about applicants b ensure that reference checks are conducted by only the HR manager and that they do not include friends or family c not withhold referees identities and comments from the applicant d have candidates sign a waiver allowing the employer to contact references Copyright 2013 Nelson Education Ltd 3-19

20 ANS: D REF: Which of the following is NOT part of the three-part Meiorin test under which all workplace practices are screened? a adverse or direct discrimination b selection testing c bona fide occupational requirements d sufficient risk ANS: D Copyright 2013 Nelson Education Ltd REF:

21 51 Why is the Renaud case from the Supreme Court of Canada important? a It established that the employer was responsible to accommodate employees b It established that undue hardship was related to employee morale c It established that the union could be found to have discriminated against its employees d It established that sufficient risk needs to incorporate both financial and nonfinancial aspects ANS: C REF: 71 TRUE/FALSE 1 Constitutional law becomes an issue only when recruitment or selection practices are challenged in a human rights tribunal or court ANS: T REF: 67 2 Since the aviation industry is a federally regulated industry in Canada, airline company operations fall under the jurisdiction of federal law ANS: T REF: 67 3 Recruitment and selection practices that have an impact on careers or entry to occupations must be defensible with respect to legal requirements ANS: T REF: 67 4 Employment equity programs involve any human resource activities introduced into an organization to ensure equality for all employees in all aspects of employment, including recruiting, hiring, compensation, and training ANS: T REF: Labour Law regulates the minimum age of employment, hours of work, minimum wages, statutory holidays, etc ANS: F REF: Collective agreements have little or no effect on personnel selection processes ANS: F REF: Direct discrimination occurs when an employer adopts a practice or rule that on its face discriminates on a prohibited ground ANS: T Copyright 2013 Nelson Education Ltd REF:

22 8 In an employment interview it is acceptable (legal) to ask candidates if they are prepared to travel or be transferred if those are requirements of the job ANS: T REF: It is appropriate to ask potential employees for a listing of all their disabilities, limitations, or health problems ANS: F REF: OBJ: 3 10 A situation in which an employer, in good faith, adopts a policy or practice that has an unintended negative impact on members of a selected group is referred to as adverse effect discrimination ANS: T REF: It is never acceptable to ask job candidates if they have a criminal record ANS: F REF: When a manufacturer decides not to hire women in areas requiring heavy lifting, this is an example of indirect discrimination or adverse impact discrimination ANS: F REF: Accommodation is always applied to a group as opposed to individuals ANS: F REF: Reasonable accommodation refers to the duty of an employer to put in place modifications to discriminatory employment practices or procedures to meet the needs of members of a protected group being affected by the employment practice or procedure ANS: T REF: During the interview process, inquiries about the applicant s religion may be justified if they seek to establish the existence of a bona fide occupational requirement (ie, if the job involves communicating religious values) ANS: T Copyright 2013 Nelson Education Ltd REF:

23 SHORT ANSWER 1 What are the four legal means that affect employment practices in Canada? Identify and briefly describe each one ANS: Constitutional law is the supreme law of Canada Human rights legislation prohibits discrimination in employment and the provision of goods and services Employment equity legislation is an administrative mechanism set up in many Canadian organizations in response to federal employment equity legislation initiatives that are intended to promote the entry and retention of people from designated groups (women, visible minorities, Aboriginal peoples, and people with disabilities) Labour law, employment standards, privacy legislation and related legislation grant certain employment rights as well as impose a wide range of employment responsibilities and obligations to both employers and employees Refer to Recruitment and Selection Notebook 31 Not All Legal Requirements Are the Same on page 69 REF: 67 2 Define discrimination and describe some of the areas in recruitment and selection that can be discriminatory ANS: Discrimination refers to any refusal to employ or continue to employ any person, or to adversely affect any current employee, on the basis of that individual s membership in a protected group All Canadian jurisdictions prohibit discrimination at least on the basis of race, colour, religion, ancestry, age, sex, marital status, and physical or mental disability Several aspects of the recruitment and selection process can be discriminatory When jobs are analyzed and described, unreasonable and unnecessary qualifications can be required in the job description These can include requirements related to physical attributes such as height or academic qualifications such as the minimum number years of education Recruitment practices can discriminate by not utilizing methods that will reach members or protected or designated groups such as advertising in ethnic newspapers Short listing processes can discriminate by using criteria that are not bona fide occupational requirements such as whether someone is male or female, or whether someone is a single parent or gay REF: 67 Copyright 2013 Nelson Education Ltd OBJ:

24 3 What is employment equity? Which groups are affected by employment equity legislation? Does employment equity mean that unqualified individuals will be hired? What are the benefits of implementing employment equity in the workplace? Give an example of a specific strategy or equity practice an organization has used to increase employment equity ANS: Employment equity (federal legislation) is a mandatory strategic plan designed by employers and employees to systematically identify and remove barriers in the workplace historically put before women, visible minorities, Aboriginal peoples, and people with disabilities Employment equity does not mean hiring unqualified individuals Under employment equity programs, positions are awarded to the person best qualified for the position All selection requirements must be realistic and job related Employment equity is a proactive strategic systems approach to include an equitable representation of women, visible minorities, Aboriginal peoples, and people with disabilities through human resource planning, recruitment, and selection processes Some of the benefits of implementing employment equity in the workplace include enlarged pool of applicants reduced costs of human rights complaints enhanced retention of employees enhanced employee morale improved corporate image a representative workforce of Canadian culture and diversity increased global competitiveness and productivity Refer to Recruitment and Selection Notebook 32 Developing and Implementing an Employment Equity (EE) Plan on page 76, and Recruitment and Selection Notebook 33 Implementing Good Workplace Equity Practices on page 77 DIF: Application Copyright 2013 Nelson Education Ltd REF:

25 4 Define and give an example of three discrimination prohibitions ANS: Every province and territory, as well as the federal government, has established a human rights code or act that prohibits discrimination in employment or the provision of goods and services It is a discriminatory practice, directly or indirectly to refuse to employ or continue to employ any individual or, in the course of employment, to differentiate adversely in relation to an employee on a prohibited ground of discrimination Discrimination is enforced through human rights commissions or tribunals that have the legislated power to undertake actions that may be necessary to eliminate discrimination Refer to Table 31 Prohibited Grounds of Employment Discrimination in Canadian Jurisdictions on page 72 Six prohibited grounds are agreed upon in all jurisdictions of Canada (indicated by an asterisk below) Age*: protection from discrimination based on age defined by the jurisdiction (eg, BC, 19 and over; abolishment of mandatory retirement) Ancestry: protection from discrimination based on one s ancestors (eg, Aboriginal) Colour*: protection from discrimination based on one s colour (eg, includes white people) Conviction: protection from discrimination based on a conviction or unrelated perceived conviction where the reasons for the conviction have nothing to do with the work to be performed (however, it is acceptable to ask if an applicant is eligible to be bonded if it is a job requirement) Family status: protection from discrimination based on the fact that one has or does not have a family (eg, employer policies that prohibit employment of family members of employees constitute family status discrimination) Marital status*: protection from discrimination based on the status of being married or not married Physical or mental disability*: protection from discrimination based on physical or mental disability (ie, there must be some degree of impairment as well as a clear medical diagnosis) Place of origin: protection from discrimination based on birthplace or place of education Race*: protection from discrimination based on race Political belief: protection from discrimination based on political belief or affiliation, provided that belief or affiliation does not actively promote or engage in harm or violate the quality rights of others Religion*: protection from discrimination based on religious belief or affiliation, provided that belief or affiliation does not actively promote or engage in harm to others (ie, violate the equality rights of others) Sex*: protection from discrimination on the basis of gender, either male or female, gender identity, pregnancy, childbirth, or on the basis of sexual harassment Sexual orientation: protection from discrimination on the basis of being gay, lesbian, bisexual, or heterosexual REF: Copyright 2013 Nelson Education Ltd 3-25

26 5 Define and give an example of three important legal concepts in recruitment and selection ANS: Direct discrimination occurs when an employer adopts a practice or rule that on its face discriminates on a prohibited ground If direct discrimination occurs, then the burden is on the employer to show the rule is valid in application to all the members of the affected group (eg, firefighters who are required to retire at 60) Adverse effect discrimination refers to a situation in which an employer, in good faith, adopts a policy or practice that has an unintended, negative impact on members of a protected group This is also referred to as indirect discrimination or systemic discrimination Adverse effect discrimination can occur in employee referral practices and other recruitment methods that unintentionally screen out members of protected groups Indirect discrimination also occurs in employment testing Adverse effect discrimination refers to workplace policies, regulations, and rules that are neutral or nondiscriminatory on their face but have a discriminatory effect (eg, recruitment practices that limit applications from designated groups, or physical access, which restricts those who are mobility impaired) Many instances of adverse discrimination involve practices that are commonplace (eg, the requirement that police applicants must be 178 cm (5' 10") tall seems to apply equally to everyone but in practice may have a disproportionate effect on certain minority groups and women, who are, on average, smaller in stature) Discrimination is the result of the impact on the individual who feels discriminated against and not the intent behind the discriminating behaviour Adverse impact occurs when the selection rate for a protected group is lower than that for the relevant comparison group Adverse impact and adverse effect are used synonymously Adverse impact is based on statistical evidence showing that proportionately fewer of the protected group are selected using a selection device (such as an employment test or interview) or that fewer members of the protected group pass through the selection system taken as a whole The four-fifths rule determines adverse impact when the selection rate for the protected group is less than four-fifths of the comparison group Bona fide occupational requirement (BFOR) is a procedure used to defend a discriminatory employment practice or policy on the grounds that the policy or practice was adopted in an honest and good-faith belief that it was reasonably necessary to assure the efficient and economical performance of the job without endangering employees or the general public (eg, hiring a women locker room attendant at women s health spa is a BFOR) See the textbook reference to the McIntyre definition of BFOR guided selection policies to establish standards based on the balance of probabilities Reasonable accommodation refers to the duty of an employer to put in place modifications to discriminatory employment practices or procedures to meet the needs of members of a protected group being affected by the employment practice or procedure Employers have a duty to accommodate (to the point of undue hardship) employees who by virtue of a group characteristic are unable to follow certain rules of their job (eg, if a Seventh Day Adventist is unable to work on Friday night by virtue of his or her religious belief, the employer must try to create a different shift) Individual accommodation refers to the duty that employers designing workplace standards owe an obligation to be aware of both the differences between individuals and the differences that characterize groups of individuals Under the burden of reasonable alternative, the employer must show that no reasonable or practical substitute exists for the discriminatory practice Copyright 2013 Nelson Education Ltd 3-26

27 Sufficient risk is part of a BFOR defence An employer may argue that an occupational requirement that discriminates against a protected group is reasonably necessary to ensure that work will be performed successfully and in a manner that will not pose harm or danger to employees or the public Exemption refers to the exclusion of a nonprofit organization from a complaint where the organization is promoting the interests of a protected group Harassment is a form of discrimination Harassment is a behaviour or actions that the harasser knows, or reasonably ought to know, are unwanted Sexual harassment is unwelcome conduct of a sexual nature that detrimentally affects a victim s work environment or leads to adverse job-related consequences Liability refers to being held legally responsible for the right of working people to work in an environment free from discrimination and harassment Employees, managers, supervisors, employers, clients, and owners can all be liable The purpose of human rights legislation is to remove discrimination The legislative emphasis is not on finding fault, but on remedying discrimination, referred to as a remedial approach Where discrimination has been found, the attempt is to make the victim of discrimination whole again Remedies can include reinstatement, expenses of the discrimination, and an appropriate amount to compensate for injury to dignity, feeling, and selfrespect See the Canadian Human Rights Commission website at for guidelines published by Canadian Human Rights Commission See Recruitment and Selection Notebook 37 Human Rights and the Internet on page 100 REF: Every province and territory, as well as the federal government, has established a human rights code or act that prohibits discrimination in employment The grounds for discrimination outlined in the Canadian Human Rights Act are race, colour, religion, age, sex, marital status, and mental or physical disability Recruitment practices that are free of bias will attract the most qualified applicants It is a discriminatory practice if interviewing procedures exclude a particular group directly or indirectly on a prohibited ground of discrimination Write six questions for each of the six prohibited grounds in all jurisdictions of Canada that you would avoid asking on an application form or during an interview Reword the questions so that they can be asked to gather information that relates to an applicant s ability to do the job ANS: Refer to Table 34 Guidelines to Screening and Selection in Employment on page 81, and Recruitment and Selection Notebook 37 Human Rights and the Internet on page 100 REF: Copyright 2013 Nelson Education Ltd 3-27

28 7 Describe some practical guidelines for HR managers to ensure that recruitment and selection practices are nondiscriminatory ANS: Recruitment practices for protected groups (human rights) and designated groups (employment equity) are the main area of focus in nondiscriminatory recruitment and selection The success or failure of recruitment is traced back to three main causes: the effectiveness or ineffectiveness of the organization in contacting and communicating with target group members the positive or negative perceptions that target group members hold about the organization recruitment and selection practices that have an impact on careers or entry to occupations must be defensible with respect to legal requirements Practitioners are expected to apply solutions that have solid scientific grounding There is a need for better linkages between research and practice in human resources Important questions for practitioners to ask include the following: Do the procedures I am using result in direct or indirect discrimination? If a selection procedure I am using results in direct or indirect discrimination, can I establish a BFOR by showing the following? I am adopting a selection procedure in good faith The selection procedure cannot be replaced by one that is valid and has less or little adverse impact The selection procedure is related to job performance or safety All of those people in the class excluded by the selection procedure are incapable of performing the job or present a sufficient safety risk Individual testing of class members affected by the rule is impossible or impractical There are no other reasonable alternatives to that testing Every attempt has been made to accommodate the unique capabilities and inherent worth and dignity of every individual, up to the point of undue hardship Is the selection procedure a valid predictor of job performance? Another responsibility of HR staff is to educate other managers about the legal requirements that must be met in recruitment and selection Refer to Recruitment and Selection Notebook 35 Practices for Nondiscriminatory Recruiting on page 98, and Recruitment and Selection Notebook 36 Practices that Promote Positive Recruiting Perceptions on page 99 REF: Copyright 2013 Nelson Education Ltd OBJ:

29 8 To what two causes can the success or failure of recruitment be traced? Discuss three important questions an HR manager needs to ask to ensure that an organization s hiring process is legally defensible ANS: The two causes that the success or failure of recruitment can be traced to are the effectiveness or ineffectiveness of the organization in contacting and communicating with target group members and the positive or negative perceptions that target group members hold about the organization The three questions are the following: Do the hiring procedures I am using result in direct or indirect discrimination? If they do, can I establish a BFOR? Is the selection procedure a valid predictor of job performance? REF: OBJ: 5 9 Describe one of the following employment legislations and its relevance to recruitment and selection: labour law, the Employment Standards Act, or privacy legislation ANS: Federal and provincial labour laws stipulate the rights of employees to organize trade unions and to bargain collective agreements with employers Provincial labour relations acts and the Canada Labour Code establish labour relations boards to oversee union certifications and handle complaints about unfair labour practices Collective agreements have a major impact on internal selection or internal movement of workers (eg, promotion, lateral transfer, demotion etc) Closed-shop unions are legal in Canada and, therefore, some unions have considerable control over external recruiting Most unions tend to be more cooperative than adversarial in terms of HR practices such as selection Employment standards set the minimum conditions of employment, which range from minimum wage and terminations to the regulation of a variety of employment practices PIPA (The Personal Information Protection Act BC sets out how BC organizations may collect, use, and disclose personal information about employees Organizations have to ensure consent is given for collecting, using, and disclosing employee personal information, that personal information is collected, used, and disclosed only for reasonable purposes and for the purposes for which it was collected, and that employees must have access to all their personnel information Personnel information must be accurate, secure, and kept only as long as reasonable for business or legal reasons Additional information on PIPA and the hiring process can be found at The Freedom of Information and Protection of Privacy Act (FOIPPA) ( creates specific information and privacy rights regarding information that is collected or controlled by public bodies in BC Canada s federal privacy law is the Personal Information Protection and Electronic Documents Act (PIPEDA) (wwwprivcomgcca) Canada Revenue Agency ( defines the employment relationship, contract workers, and employees REF: Copyright 2013 Nelson Education Ltd OBJ: