R & S Exam 1 (Chapter 3)

Question 1

Accommodation

Answer 1

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. As part of a BFOR defence, an employer must demonstrate that such accommodation is impossible to achieve without incurring undue hardship in terms of the organization’s expense or operations. (p.90)

Question 2

Adverse effect discrimination

Answer 2

Refers to a situation where an employer, in good faith, adopts a policy or practice that has an unintended, negative impact on members of a protected group. (p.84)

Question 3

Adverse impact

Answer 3

Occurs when the selection rate for a protected group is lower than that for the relevant comparison group. (p.85)

Question 4

Bona fide occupational requirement (BFOR)

Answer 4

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. BFORs are sometimes referred to as bona fide occupational qualifications (BFOQs). (p.88)

Question 5

Discrimination

Answer 5

In employment, discrimination refers to any refusal to employ or to 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 or colour, religion or creed, age, sex, marital status, and physical or mental disability. (p.67)

Question 6

Employment equity

Answer 6

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. (p.74)

Question 7

Outreach recruiting

Answer 7

A 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. (p.98)

Question 8

Sufficient risk

Answer 8

As 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. (p.94)

Question 9

Which law is the supreme law in Canada and has a pervasive impact on employment practices?

Answer 9

constitutional law

Question 10

Which law prohibits discrimination in employment and in the provision of goods and services in Canada?

Answer 10

human rights law

Question 11

Which law aims to eliminate discriminatory practices that prevent the entry or retention of members from the four designated groups in the workplace?

Answer 11

employment equity

Question 12

There are 19 prohibited grounds of employment discrimination across all jurisdictions in Canada. On how many grounds of employment discrimination do all jurisdictions agree?

Answer 12

6 prohibited grounds

Question 13

Which of the following is NOT one of the grounds of employment discrimination on which all Canadian jurisdictions agree?

Answer 13

sexual orientation

Question 14

Which of the following groups is NOT a designated protected group as defined by employment equity?

Answer 14

senior citizens

Question 15

What kind of allegation is the most commonly cited signed complaint at the Canadian Human Rights Commission?

Answer 15

employment-related

Question 16

What is the first step in developing and implementing an employment equity plan?

Answer 16

Obtaining support of senior management for the employment equity effort

Question 17

An employer is using a test that inadvertently discriminates against race. What type of discrimination would this be?

Answer 17

adverse effect discrimination

Question 18

Which of the following is the only way to defend a discriminatory policy or practice?

Answer 18

by using a bona fide occupational requirement

Question 19

For which of the following is the notion of sufficient risk important?

Answer 19

bona fide occupational requirement defence

Question 20

What is the correct term for modifying an existing selection test to allow persons with mental or physical disabilities a fair chance to demonstrate their abilities?

Answer 20

reasonable accommodation