Scenario 7 Flashcards
Menka created a successful and rapidly growing social media application to connect iguana owners. To cater to increasing demand, Menka needs to hire staff and has posted 2 new positions. The postings specifically ask for individuals between the ages of 18 and 25, and preferably female. After interviewing numerous candidates, Menka hires one male and one female candidate, both under the age of 25. Valeria, a 30-year-old female candidate with a strong Spanish accent, was interviewed but not hired. Valeria considers the job requirements discriminatory and looks into making a claim against Menka. What would likely be the most successful basis for Valeria’s claim? a) Discrimination based on gender. b) Discrimination based on race, ancestry, or place of origin. c) Discrimination based on age.
The answer is c. Discrimination based on age. Functional Area: B1 Rationale(s): A is incorrect. Since a male candidate was hired for one of the positions, a claim based on this ground would not be successful. B is incorrect. The job description does not suggest discrimination on any of these grounds. C is correct. This is the most appropriate ground to support Valeria’s claim, as the age requirement may have prevented her from obtaining the job. Reference(s): Unit 9: Human Rights and Accommodation, Module 1: Ontario’s Human Rights Code. Human Rights Code, R.S.O. 1990, c. H.19, Part I.
Menka created a successful and rapidly growing social media application to connect iguana owners. To cater to increasing demand, Menka needs to hire staff and has posted 2 new positions. The postings specifically ask for individuals between the ages of 18 and 25, and preferably female. After interviewing numerous candidates, Menka hires one male and one female candidate, both under the age of 25. Valeria, a 30-year-old female candidate with a strong Spanish accent, was interviewed but not hired. Valeria considers the job requirements discriminatory and looks into making a claim against Menka. Even though Menka’s job requirements could be potentially discriminatory, her hiring policy could be supported if the criteria were shown to be bona fide occupational requirements. What would Menka need to do to establish that? a) Demonstrate that the purpose of the criteria is rationally connected to performing the job. b) Demonstrate that anyone who did not meet the criteria would require accommodation. c) Demonstrate that there are no reasonable alternatives to the criteria.
The answer is a. Demonstrate that the purpose of the criteria is rationally connected to performing the job. Functional Area: B1 Rationale(s): A is correct. This is a primary requirement of the bona fide occupational requirements test. A connection must exist between the purpose of the requirement and the function being performed. B is incorrect. Since accommodation is possible without causing undue hardship to the employer, the hiring criteria would fail the bona fide occupational requirements test. C is incorrect. The criteria also need to be adopted in good faith and for a legitimate work-related purpose. Reference(s): Unit 9: Human Rights and Accommodation, Module 1: Ontario’s Human Rights Code. Human Rights Code, R.S.O. 1990, c. H.19, Part II.
