Exam 3: Foundations of Recruitment and Selection 2: Legal Issues

Which one of the following questions can be asked of a potential candidate

What best describes the four-fifths rule

When the selection rate for a protected group is lower than that for the relevant comparison group, what might potentially occur

Scenario 3.3 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. -Refer to Scenario 3.3.Who might be liable in this situation

With respect to recruitment and selection, what legislation has precedence over all other legislation

Scenario 3.5 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 also to keep this information confidential.John, a practising Muslim, 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. -Refer to Scenario 3.5.What legal sources are relevant to this situation

Define discrimination and describe some of the areas in recruitment and selection that can be discriminatory.

Which of the following terms refers to the equal application of hiring policies or practices that result in a disproportionate number of a certain gender, racial group, or religious group being excluded

Scenario 3.3 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. -Refer to Scenario 3.3.As the HR manager, how would you describe Ms.Jones's situation

Scenario 3.2 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 p.m.to 11 p.m., 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. -Refer to Scenario 3.2.What legal protected ground may be violated in this situation

Collective agreements have little or no effect on personnel selection processes.

Which of the following is an example of effective practices for nondiscriminatory recruiting

Scenario 3.4 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. -Refer to Scenario 3.4.What legislation applies in this case

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 (i.e., if the job involves communicating religious values).

Constitutional law becomes an issue only when recruitment or selection practices are challenged in a human rights tribunal or court.

Scenario 3.5 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 also to keep this information confidential.John, a practising Muslim, 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. -Refer to Scenario 3.5.What human rights legal concepts emerged in this situation

When a manufacturer decides not to hire women in areas requiring heavy lifting, this is an example of indirect discrimination or adverse impact discrimination.

Describe some practical guidelines for HR managers to ensure that recruitment and selection practices do not lead to illegal discrimination.

Which of the following is responsible for the enforcement of the Canadian Human Rights Act

Define and give an example of three important legal concepts in recruitment and selection.