Chapter 3: Legal Issues

Question 1

Legal sources affecting recruitment and selection

Answer 1

Constitutional law, human rights law, employment equity legislation, labour law, employment standards, and privacy legislation

Question 2

Human rights law

Answer 2

prohibits discrimination in employment and in the provision of goods and services

Question 3

Employment equity legislation

Answer 3

promotes the entry and retention of people from designated groups

Question 4

Designated vs Protected groups

Answer 4

Designated groups: women, visible minorities, indigenous peoples, people with disabilities

Protected groups: those who have attributes that are defined as ‘prohibited grounds’ for discrimination under the Human Rights Act that applies to the employing organization

Question 5

Employment Equity Legislation

Answer 5

Applies to 1) all federally regulated employers with 100 or more employees, or 2) any organization with more than 100 employees who do more than $1 million dollar worth of business with the federal government

Question 6

Labour law, employment standards, and privacy legislation

Answer 6

grant certain employment rights to both employers and employees but also impose a wide range of employment responsibilites and obligations

Question 7

Discrimination

Answer 7

Refusal to employ any person, or to adversely affect any current employee, on the basis of that individual’s membership in a protected group

Question 8

Direct discrimination

Answer 8

An employer adopts a practice or rule that discriminates on a prohibited ground

Question 9

Indirect discrimination

Answer 9

An employer, in good faith, adopts a practice that has an unintended, negative impact on members of a protected group

Question 10

Adverse impact

Answer 10

selection rate for a protected group is lower than that for the relevant comparison group

Question 11

Bona Fide Occupational Requirement

Answer 11

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

Question 12

BFOR Test

Answer 12

1. the employer adopted the standard for a purpose rationally connected to the performance of the job
2. the employer adopted the standard in an honest and good faith belief
3. The standard is reasonably necessary for accomplishing the job and it would be impossible to accommodate individual employees sharing the characteristics of the prohibited ground without imposing undue hardship on the employer

Question 13

Accomodation

Answer 13

Duty of an employer to put in place modifications to discriminatory employment practices to meet the needs of a protected group being affected

Question 14

Undue Hardship

Answer 14

Point where a policy or practice causes undue interference in the operation of the business or unsupportable expense to the employer