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

What legal term states that there is a justifiable reason for a discriminatory employment practice or policy based on the necessity for business operations

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 best define discrimination to the managers

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 legally protected ground seems to be violated in this situation

Which interview question is legally valid

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.In this situation, which of the following behaviours would NOT be discrimination

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 human rights legal concept has emerged in this situation

To what two causes can the success or failure of outreach recruitment be traced Discuss three important questions an HR manager needs to ask to ensure that an organization's hiring process is legally defensible.

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.Under which jurisdiction does this university fall

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.

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.

Which of the following is NOT included in the three-part Meiorin test under which all workplace practices are screened

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.

Direct discrimination occurs when an employer adopts a practice or rule that on its face discriminates on a prohibited ground.

Which of the following is an example of indirect discrimination

Scenario 3.1 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. -In order to NOT be accused of discrimination, what should the employer have established prior to conducting medical exams on bus drivers

What is the intent of the federal Employment Equity Act

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 legally protected ground seems to be violated in this situation

Since the aviation industry is a federally regulated industry in Canada, airline company operations fall under the jurisdiction of federal law.

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 legislation applies in this case

Recruitment and selection practices that have an impact on careers or entry to occupations must be defensible with respect to legal requirements.