Ch03 TB Catano 8e

Chapter 3 Foundations of Recruitment and Selection II: 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
.
ANS: A PTS: 1 REF: 67 OBJ: 2
BLM: Higher Order
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
.
BLM: Remember
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 PTS: 1 REF: 67 OBJ: 2
BLM: Remember
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
.
d affirmative action
.
ANS: C PTS: 1 REF: 88 OBJ: 4
BLM: Remember
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
.
BLM: Remember
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 PTS: 1 REF: 71 OBJ: 2
BLM: Remember
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.
.
BLM: Remember
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
BLM: Remember
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.
.
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 PTS: 1 REF: 72-73 OBJ: 5
BLM: Higher Order
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.
.
BLM: Higher Order
11. 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
.
BLM: Remember
12. 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.
.
BLM: Higher Order
13. Which of the following is a prohibited ground of discrimination?

a culture
.
b tattoos
.
c weight
.
d skin colour
.
BLM: Remember
14. Which of the following is NOT a prohibited ground of discrimination?

a Culture
.
b race
.
c age
.
d religion
.
BLM: Remember
15. 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
.
BLM: Remember
16. 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
.
BLM: Remember
17. 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
.
BLM: Remember
18. What are the two necessary conditions for the Federal Contractors Program?
a Employers must have more than 10 employees and more than $200 000 of business with
. the federal government.
b Employers must have more than 50 employees and more than $500 000 of business with
. the federal government.
c Employers must have more than 75 employees and more than $1 000 000 of business
. with the federal government.
d Employers must have more than 200 employees and more than $3 000 000 of business
. with the federal government
BLM: Remember
19. 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.
BLM: Higher Order
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?
.
BLM: Remember
21. 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?
.
BLM: Remember
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
.
BLM: Higher Order
23. 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
.
BLM: Remember
24. 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.
.
BLM: Remember
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 PTS: 1 REF: 97-98 OBJ: 4
BLM: Higher Order
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.
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
.
BLM: Higher Order
27. 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.
BLM: Higher Order
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.
28. Refer to Scenario 3.2. 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
.
BLM: Higher Order
29. Refer to Scenario 3.2. What legal protected ground may be violated in this situation?
a sex
.
b ethnic origin
.
c Religion
.
d race
.
ANS: C PTS: 1 REF: 70-71 OBJ: 2
BLM: Higher Order
30. Refer to Scenario 3.2. What human rights legal concept has emerged in this situation?
a accommodation
.
b adverse effect discrimination
.
c employment equity
.
d sufficient risk
.
BLM: Higher Order
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.
31. Refer to Scenario 3.3. 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
.
d human rights law, employment equity, labour law, civil law
.
BLM: Higher Order
32. Refer to Scenario 3.3. 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
.
BLM: Higher Order
33. Refer to Scenario 3.3. 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.
BLM: Higher Order
34. Refer to Scenario 3.3. 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.
.
BLM: Higher Order
35. Refer to Scenario 3.3. 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.
.
b The behaviours are unethical and unprofessional.
.
c The behaviours are a misuse of supervisory authority.
.
d The behaviours are socially and morally irresponsible.
.
ANS: A PTS: 1 REF: 67-74 OBJ: 4
BLM: Higher Order
36. Refer to Scenario 3.3. 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.
.
BLM: Higher Order
37. Refer to Scenario 3.3. Who might be liable in this situation?

a the employer
.
b the employee
.
c the manager
.
d the employer and manager
.
BLM: Higher Order
38. Refer to Scenario 3.3. 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.
.
ANS: A PTS: 1 REF: 67-74 OBJ: 5
BLM: Higher Order
39. Refer to Scenario 3.3. 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.
.
BLM: Higher Order
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.
40. Refer to Scenario 3.4. Under which jurisdiction does this university fall?
a federal
.
b Provincial
.
c national
.
d international
.
BLM: Remember
41. Refer to Scenario 3.4. 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
.
BLM: Higher Order
42. Refer to Scenario 3.4. What legally protected ground seems to be violated in this situation?
a age
.
b race
.
c religion
.
d language
.
BLM: Higher Order
a reasonable accommodation
.
b direct discrimination
.
c employment equity
.
d racial discrimination
.
BLM: Higher Order
44. Refer to Scenario 3.4. 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.
.
BLM: Higher Order
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 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 3.5. Under which jurisdiction does TS Inc. fall?
a Federal
.
b provincial
.
c national
.
d international
.
BLM: Higher Order
46. Refer to Scenario 3.5. 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
.
BLM: Higher Order
47. Refer to Scenario 3.5. What legally protected ground seems to be violated in this situation?
a age
.
b family status
.
c Religion
.
d marital status
.
BLM: Higher Order
a individual accommodation
.
b direct discrimination
.
c employment equity
.
d adverse effect and reasonable accommodation
.
BLM: Higher Order
49. Refer to Scenario 3.5. 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
.
BLM: Higher Order
50. 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
.
BLM: Remember
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.
BLM: Higher Order
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 PTS: 1 REF: 67 OBJ: 2
2. Since the aviation industry is a federally regulated industry in Canada, airline company operations fall
under the jurisdiction of federal law.
3. Recruitment and selection practices that have an impact on careers or entry to occupations must be
defensible with respect to legal requirements.
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 PTS: 1 REF: 74-75 OBJ: 2
5. Labour Law regulates the minimum age of employment, hours of work, minimum wages, statutory
holidays, etc.
ANS: F PTS: 1 REF: 76-78 OBJ: 2
6. Collective agreements have little or no effect on personnel selection processes.
7. Direct discrimination occurs when an employer adopts a practice or rule that on its face discriminates
on a prohibited ground.
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 PTS: 1 REF: 81-82 OBJ: 4
9. It is appropriate to ask potential employees for a listing of all their disabilities, limitations, or health
problems.
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.
11. It is never acceptable to ask job candidates if they have a criminal record.
ANS: F PTS: 1 REF: 83 OBJ: 4
12. When a manufacturer decides not to hire women in areas requiring heavy lifting, this is an example of
indirect discrimination or adverse impact discrimination.
13. Accommodation is always applied to a group as opposed to individuals.
14. 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.
15. 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).

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 3.1—Not All Legal Requirements Are the Same” on
page 69.
PTS: 1 REF: 67 OBJ: 2
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 statusz , 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.
PTS: 1 REF: 67 OBJ: 3

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 3.2—Developing and Implementing an Employment

Equity (EE) Plan on page 76, and Recruitment and Selection Notebook 3.3—Implementing Good
Workplace Equity Practices on page 77.
PTS: 1 DIF: Application REF: 74-78 OBJ: 2

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 3.1—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 (e.g., BC, 19
and over; abolishment of mandatory retirement)
Ancestry: protection from discrimination based on one’s ancestors (e.g., Aboriginal)
Colour*: protection from discrimination based on one’s colour (e.g., 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 (e.g., 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 (i.e., 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 (i.e., 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.
PTS: 1 REF: 72-73 OBJ: 2

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 (e.g., 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 (e.g., 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 (e.g., 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 (e.g., 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 (e.g., 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.
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 self-
respect.
See the Canadian Human Rights Commission website at http://www.chrc-

ccdp.ca/publications/screening_employment-en.asp for guidelines published by Canadian Human
Rights Commission.
See Recruitment and Selection Notebook 3.7—Human Rights and the Internet on page 100.
PTS: 1 REF: 78-97 OBJ: 4
6. 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 3.4—Guidelines to Screening and Selection in Employment on page 81, and
Recruitment and Selection Notebook 3.7—Human Rights and the Internet on page 100.
PTS: 1 REF: 81-83 | 100 OBJ: 4

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 3.5—Practices for Nondiscriminatory Recruiting on

page 98, and Recruitment and Selection Notebook 3.6—Practices that Promote Positive Recruiting
Perceptions on page 99.
PTS: 1 REF: 98-99 OBJ: 5

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?
PTS: 1 REF: 101-102 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 (e.g., 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 http://www.oipc.bc.ca) 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
http://www.oipcbc.org/pdfs/private/PIPAHiringFAQ(10APR06).pdf
The Freedom of Information and Protection of Privacy Act (FOIPPA) (http://www.oipc.bc.ca) 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) (www.privcom.gc.ca).
Canada Revenue Agency (http://www.cra-arc.gc.ca) defines the employment relationship, contract

workers, and employees.
PTS: 1 REF: 96-102 OBJ: 3

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Chapter 3 Foundations of Recruitment and Selection II: Legal Issues

8. Which of the following statements best defines discrimination?

13. Which of the following is a prohibited ground of discrimination?

14. Which of the following is NOT a prohibited ground of discrimination?

17. According to the textbook, what is the purpose of employment equity?

22. Which of the following is an example of indirect discrimination?

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

41. Refer to Scenario 3.4. What legislation applies in this case?

ANS: T PTS: 1 REF: 67 OBJ: 2

ANS: T PTS: 1 REF: 67 OBJ: 2

ANS: T PTS: 1 REF: 67 OBJ: 2

ANS: T PTS: 1 REF: 74-75 OBJ: 2

ANS: F PTS: 1 REF: 76-78 OBJ: 2

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

ANS: F PTS: 1 REF: 76-78 OBJ: 2

ANS: T PTS: 1 REF: 79 OBJ: 4

ANS: T PTS: 1 REF: 81-82 OBJ: 4

ANS: F PTS: 1 REF: 81-82 OBJ: 3

ANS: T PTS: 1 REF: 79 OBJ: 4

ANS: F PTS: 1 REF: 83 OBJ: 4

ANS: F PTS: 1 REF: 79 OBJ: 4

13. Accommodation is always applied to a group as opposed to individuals.

ANS: F PTS: 1 REF: 90 OBJ: 4

ANS: T PTS: 1 REF: 90 OBJ: 4

ANS: T PTS: 1 REF: 82 OBJ: 4

PTS: 1 REF: 67 OBJ: 2

PTS: 1 REF: 67 OBJ: 3

Some of the benefits of implementing employment equity in the workplace include

Refer to Recruitment and Selection Notebook 3.2—Developing and Implementing an Employment

PTS: 1 DIF: Application REF: 74-78 OBJ: 2

Refer to Table 3.1—Prohibited Grounds of Employment Discrimination in Canadian Jurisdictions on

PTS: 1 REF: 72-73 OBJ: 2

Bona fide occupational requirement (BFOR) is a procedure used to defend a discriminatory

Reasonable accommodation refers to the duty of an employer to put in place modifications to

See the Canadian Human Rights Commission website at http://www.chrc-

PTS: 1 REF: 78-97 OBJ: 4

PTS: 1 REF: 81-83 | 100 OBJ: 4

Important questions for practitioners to ask include the following:

Refer to Recruitment and Selection Notebook 3.5—Practices for Nondiscriminatory Recruiting on

PTS: 1 REF: 98-99 OBJ: 5

PTS: 1 REF: 101-102 OBJ: 5

Canada Revenue Agency (http://www.cra-arc.gc.ca) defines the employment relationship, contract

PTS: 1 REF: 96-102 OBJ: 3

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