Unit 8 - Hiring Issues

Question 1

The Meiorin Test

Answer 1

1. The rule was created for a purpose that is rationally connected to the performance of the job;
2. The rule was created in an honest and good faith belief that it was a necessary aspect to the successful achievement of the work related purpose; and
3. The rule was reasonably necessary to achieve the legitimate purpose. This requires the employer to show that it is impossible to accommodate without undue hardship.

Employers would have difficulty fulfilling the third requirement since accommodations tend to be, for the most part, inexpensive.

Question 2

Constructive or Adverse Effect Discrimination

Answer 2

A rule or practice unintentionally singles out a group of people and results in unequal treatment.

A neutral rule that has a negative impact on someone based on a protected ground is considered discrimination.