Recruitment And Selection Chapter 3

Question 1

Four Legal Sources Affecting Canadian Employment Practices

Answer 1

Constitutional law
•Human rights law
•Employment equity legislation
•Labour law, employment standards, and related legislation

Question 2

Constitutional Law

Answer 2

Constitutional law: the Supreme Law of Canada

◦It has a pervasive impact on employment practices, as it does on all spheres of Canadian society

Question 3

Human Rights Law

Answer 3

prohibits discrimination in both employment and the provision of goods and services (e.g., rental housing, service in restaurants)

Question 4

Section 8 of the Canadian Human Rights Act refers to a “a prohibited ground of discrimination.”
•The following are grounds on which discrimination is prohibited:

Answer 4

Race, national or ethnic origin, colour, religion, age, sex (including pregnancy and childbirth), marital status, family status, mental or physical disability, pardoned conviction, sexual orientation

Question 5

Employment equity: the

Answer 5

the elimination of discriminatory practices that prevent the entry or retention of members from designated groups in the workplace, and the elimination of unequal treatment in the workplace related to membership in a designated group (e.g., women, visible minorities, Aboriginal peoples, and people with disabilities)

Question 6

Developing and Implementing an Employment Equity (EE) Plan

Answer 6

Obtain support of senior management for the EE effort
•Conduct a survey to determine the present representation of designated groups in the organization’s internal workforce
•Set future representation targets for designated groups based on availability of qualified workers in the labour market
Remove systemic employment barriers to increase representation for designated groups in the internal workforce
•Monitor the changing composition of the internal workforce over time
•Make necessary changes to the EE intervention to bring designated group representation up to future targets

Question 7

Benefits of Implementing Employment Equity

Answer 7

A workforce representative of Canadian culture and diversity
•An increase in global competitiveness and productivity
•High employee morale and decreased
Amicable relationships with customers and clients
•Enhanced corporate reputation
•Increased profitability and a better bottom line

Question 8

Labour Law

Answer 8

Federal/provincial labour laws

Collective agreements:

Question 9

Federal/provincial labour laws

Answer 9

stipulate the rights of the employees to organize trade unions and to bargain collective agreements with employers

Question 10

Collective agreements

Answer 10

set out the conditions for unionized employees (e.g., promotion, lateral transfer, demotion)

Question 11

Employment standards

Answer 11

federal/provincial laws to regulate minimum age of employment, hours of work, minimum wages, statutory holidays, vacations, work leaves, and termination of employment

Question 12

Discrimination

Answer 12

Refers to any refusal to employ or to continue to employ any person on the basis of that individuals membership in a protected group

Question 13

Direct discrimination:

Answer 13

occurs where an employer adopts a practice or rule that, on its face, discriminates on a prohibited ground

Question 14

Indirect discrimination

Answer 14

occurs when an employer, in good faith, adopts a policy or practice for sound economic or business reasons, but when it is applied to all employees it has an unintended negative impact on members of a protected group

Question 15

Protected groups

Answer 15

those who have attributes that are defined as “prohibited grounds” for discrimination under the human rights act that applies to the employing organization

Question 16

Designated groups

Answer 16

The Employment Equity Act defines these groups as women, visible minorities, Aboriginal peoples, and persons with disabilities

Question 17

Bona fide occupational requirement (BFOR)

Answer 17

requirement(s) that a person must possess to perform the essential components of a job in a safe, efficient, and reliable manner

Question 18

Accommodation

Answer 18

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

Question 19

Sufficient risk

Answer 19

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

Question 20

Undue hardship

Answer 20

the limit beyond which employers and service providers are not expected to accommodate a member of a protected group

Question 21

Adverse effect descrimination

Answer 21

Refers to situation where an employer in good faith adopts a policy or practice that has an unattended negative impact on members of a protected group

Question 22

Outreach recruiting

Answer 22

recruitment practice where the employing organization makes a determined and persistent effort to make potential job applicants, including designated group members, aware of available positions within the employing organization