Deck 3: The Legal Environment: Equality and Human Rights

Question 1

Employees bear the onus of proving that the employer did not accommodate them to the point of undue hardship when they pursue a claim of discrimination.

Answer 1

False

Question 2

Employment equity programs are mandated only in respect of those organizations governed by the Employment Equity Act and the Quebec employment equity statue.

Answer 2

True

Question 3

Pay inequities between jobs traditionally performed by women and those traditionally performed by men despite equivalent skill and educational requirements,is an example of systemic discrimination.

Answer 3

True

Question 4

Employment equity legislation proactively targets the four designated groups to require or encourage preferential treatment in employment practices.

Question 5

The terminology "adverse-effect discrimination" can be used interchangeably with "constructive discrimination".

Question 6

The supreme law in Canada is set forth in the Constitution Act of 1967.

Question 7

Older employees are less productive,of less worth,and less receptive and adaptable to change and training.

Question 8

As part of the Constitution,the Canadian Charter of Rights and Freedoms takes precedence over other laws.

Question 9

Paul feels he was passed over for a promotion after he had his nose pierced.This would be an example of direct discrimination.

Question 10

It is always clear to determine when direct discrimination occurs.

Question 11

The City of Winnipeg is legally bound by the Charter of Rights and Freedoms' constitutional rights and freedoms.

Question 12

Pay equity legislation recognizes that work traditionally performed by women has been undervalued as compared with male-dominated jobs,and aims to eliminate systemic gender disparities in pay.

Question 13

An employment equity plan goal is the same as a quota and there are penalties associated when employers fall short of achieving their targets.

Question 14

Aboriginal women face even greater obstacles than Aboriginal men given that they face the combined effect of inequities affecting both women and Aboriginal people.

Question 15

Decisions made by the Supreme Court of Canada are binding and their applicability can only be overturned by the Court of Appeal.

Question 16

The Constitution established three major and ongoing governing bodies: the legislative,executive,and judicial branches.

Question 17

The province of Quebec has employment equity legislation aimed at granting equal access in employment to only the same four protected groups as other provinces.

Question 18

All statutes prohibit discrimination and harassment on the basis of race,colour,religion or creed,sex,sexual orientation,age,disability,marital status,national,ethnic or place of origin,family status,source of income,and a criminal record or pardoned conviction.

Question 19

Discrimination is always negative,causing harm to an individual or group.

Question 20

An employer can require employees to self-identify whether or not they are members of one of the designated groups when conducting a workforce survey.

Question 21

All government action is subject to __________.

A)judicial scrutiny
B)repeal of legislation
C)administrative oversight
D)court action

Question 22

What frequently results in what is known in the human rights arena as a "hostile" and "poisoned" work environment?

A)Harassment
B)Discrimination
C)Accommodation
D)Undue hardship

Question 23

Women in business and finance occupations earned only ________ of the earnings of their male counterparts.

A)59 cents
B)67 cents
C)71 cents
D)83 cents

Question 24

As per Step One of establishing and implementing an effective employment equity program,it is critical that responsibility for overseeing and administering the employment equity program be assigned to ___________.

A)a designated group of employees
B)a senior executive
C)a union-management joint committee
D)a middle level manager

Question 25

Despite women comprising 47.3 percent of the Canadian labour force,but _______ of public companies had no women senior officers at all in 2012.

A)11.7 percent
B)27.6 percent
C)35.9 percent
D)44.4 percent

Question 26

An in-depth assessment of all of the employer's systems,policies and practices,in order to identify barriers to the full participation of designated group members in employment with the employer is called __________.

A)an employment equity program
B)an employment systems review
C)a workforce analysis
D)a workforce survey

Question 27

Pay equity legislation is generally enforced through ______________.

A)an enforcement team
B)a research program unit
C)an investigation branch
D)a complaint-based system

Question 28

Unintentional discrimination that arises from a pattern of behaviour that is rooted in established stereotypes,attitudes,and value systems that perpetuates the relative disadvantage of a protected group is ____________.

A)systemic discrimination
B)direct discrimination
C)adverse-effect discrimination
D)indirect discrimination

Question 29

Studies indicate that about _________ of work-aged disabled individuals are participating in the labour market versus 80 percent of the non-disabled population.

A)25 percent
B)35 percent
C)45 percent
D)55 percent

Question 30

Women still earn approximately ________ for every dollar earned by men.

A)59 cents
B)67 cents
C)71 cents
D)83 cents

Question 31

Carlene asks The Welcome Employment agency to not send her any applicants who are over the age of 50.This is a form of

A)Systemic discrimination
B)Direct discrimination
C)Adverse-effect discrimination
D)Indirect discrimination

Question 32

Pay equity legislation is generally enforced through a complaint-based system,meaning that someone has to file a complaint in order to trigger the statutes' enforcement mechanism.

Question 33

A rule,practice,preference or restriction that on its face treats a person differently or unequally based on a prohibited ground of discrimination is ____________.

A)systemic discrimination
B)direct discrimination
C)adverse-effect discrimination
D)indirect discrimination

Question 34

In 2008,women working in medicine and health-related occupations earned approximately _______ as much as men in those occupations.

A)57 percent
B)62 percent
C)67 percent
D)72 percent

Question 35

Diversity management is a strategic initiative designed to capitalize on an organization's diverse talent pool.

Question 36

Research tells us that diverse groups make better decisions than homogenous groups,since diverse groups are easily able to capitalize on their diversity.

Question 37

Support groups are an important tool in assisting individual employees in coping with ignorance,bigotry,and harassment,as well as feeling more comfortable in bringing diversity issues out in the open.

Question 38

"Equal pay for equal work" is the same concept as "Equal pay for work of equal value".

Question 39

Pay inequities between jobs traditionally performed by women and those traditionally performed by men despite equivalent skill and educational requirements,is an example of __________.

A)systemic discrimination
B)direct discrimination
C)adverse-effect discrimination
D)indirect discrimination

Question 40

While earnings for men and women with a university degree were higher,women still earned approximately ________ less than their male counterparts.

A)15 percent
B)20 percent
C)25 percent
D)30 percent

Question 41

The Canadian Charter of Rights and Freedoms only applies directly to

A)Government action and actors.
B)Private individuals.
C)Businesses.
D)Other organizations.

Question 42

Which type of law is based on precedent-setting judge-made law?

A)Common Law
B)Civil Code
C)Constitution Act
D)Canadian Charter of Rights and Freedoms

Question 43

The Canadian Charter of Rights and Freedoms protects which people?

A)Employed Canadians.
B)All Canadians.
C)Canadians by birth.
D)Everyone located in Canada.

Question 44

Creating avenues and opportunities for employees to freely voice concerns without fear of reprisal is essential.This refers to which of the six keys to a successful diversity management plan?

A)Communication
B)Develop and implement diversity initiatives
C)Ensure a system of support
D)Commitment from the top

Question 45

Following a Royal Commission report by Judge Rosalie Abella in 1984,what type of legislation in Canada aims to provide equality in employment to four historically disadvantaged groups?

A)Human rights legislation
B)Affirmative action legislation
C)Employment equity legislation
D)Discrimination legislation

Question 46

The Employment Equity Act requires all federally regulated companies to report annually on the workforce distribution of the four designated groups,which is reviewed by the _______________.

A)Labour Relations Board
B)Pay Equity tribunal
C)Canadian Human Rights Commission
D)Affirmative Action Committee

Question 47

Every report of any conduct that offends the diversity culture at HP Canada is addressed promptly and taken seriously.This refers to which of the six keys to a successful diversity management plan?

A)Communication
B)Develop and implement diversity initiatives
C)Ensure a system of support
D)Commitment from the top

Question 48

As per Step Two of establishing and implementing an effective employment equity program,what is required by the EEA?

A)Consultation and collaboration with employee representatives or the union.
B)Consultation with a senior executive.
C)Establishment of a union-management joint committee.
D)Consultation with designated group members.

Question 49

Canada is distinguished from several other western legal regimes by the presence of two distinct legal systems which are ___________.

A)Common Law in Quebec and the Civil Code in the rest of the county
B)Common Law in Quebec and the Constitution in the rest of the country
C)Civil Code in Quebec and Common Law in the rest of the country
D)Civil Code in Quebec and the Constitution in the rest of the country

Question 50

Creating support groups is suggested in which of the six keys to a successful diversity management plan?

A)Evaluate and revise objectives
B)Develop and implement diversity initiatives
C)Ensure a system of support
D)Commitment from the top

Question 51

Rewarding a commitment to achieving diversity success is essential.This refers to which of the six keys to a successful diversity management plan?

A)Commitment from the top
B)Develop and implement diversity initiatives
C)Ensure a system of support
D)Evaluate and revise objectives

Question 52

An effective way to facilitate open dialogue about diversity issues is mentoring programs.This refers to which of the six keys to a successful diversity management plan?

A)Communication
B)Develop and implement diversity initiatives
C)Ensure a system of support
D)Commitment from the top

Question 53

What law guarantees persons in Canada the right to equality and basic freedoms in their interactions with government?

A)Employment Standards Act
B)Civil Code
C)Common Law
D)Canadian Charter of Rights and Freedoms

Question 54

What is based on a comprehensive written code of rules and principles?

A)Employment Standards Act
B)Civil Code
C)Common Law
D)Canadian Charter of Rights and Freedoms

Question 55

A qualification that is necessary to the performance of a particular job is a ________________.

A)reasonable accommodation
B)BTAs
C)bona fide occupational qualification
D)bona fide occupational qualification

Question 56

The foundation for the Canadian legal system is set forth in the ____________.

A)Employment Standards Act
B)Civil Code
C)Constitution Act
D)Canadian Charter of Rights and Freedoms

Question 57

What type of faith is not likely to garner the protection of human rights laws?

A)Faiths that require employees not to work on a Sabbath or holy day.
B)Faiths that prohibit employees from meeting the dress code of an organization.
C)Faiths that promote hatred or violence or that contravene the Criminal Code.
D)Faiths that do not allow employees to join a union,when the employer has a unionized environment.

Question 58

What forms part of the Constitution of Canada,entrenched in 1982?

A)Common Law
B)Civil Code
C)Constitution Act
D)Canadian Charter of Rights and Freedoms

Question 59

Sensitization to diversity,misconceptions about diversity,and communicating how diversity can affect the bottom line are related to which of the six keys to a successful diversity management plan?

A)Evaluate and revise objectives
B)Develop and implement diversity initiatives
C)Ensure a system of support
D)Diversity Training and Education

Question 60

Benchmarking is suggested in which of the six keys to a successful diversity management plan?

A)Evaluate and revise objectives
B)Develop and implement diversity initiatives
C)Ensure a system of support
D)Commitment from the top

Question 61

In which step of establishing and implementing an effective employment equity program is the information analyzed to determine if designated groups are under-represented in particular occupations within the organization?

A)Establish a mechanism for consultation and collaboration
B)Conduct a workforce survey
C)Obtain the commitment of senior management
D)Undertake a workforce analysis

Question 62

What is the last step in establishing and implementing an effective employment equity program?

A)Develop and implement an employment equity plan.
B)Complete an employment systems review.
C)Monitor,review and revise the plan.
D)Undertake a workforce analysis.

Question 63

Jenny has a fairly heavy accent when speaking English.She may experience discrimination in employment based on

A)National or ethnic origin
B)Race
C)Place of origin
D)Nationality /Citizenship

Question 64

It is discriminatory today to deny spousal benefits such as employment and pension benefits to the same-sex partners of an employee,as this would be considered what type of discrimination?

A)Sex gender
B)Sexual orientation
C)Gender identity
D)Family status

Question 65

What type of legislation recognizes that work traditionally performed by women has been under-valued as compared with male-dominated jobs,and aims to eliminate systemic gender disparities in pay?

A)Human rights legislation
B)Anti-discrimination legislation
C)Pay equity legislation
D)Constitutional legislation

Question 66

The great majority of employees in Canada are governed by

A)Provincial and territorial labour and employment legislation.
B)Federal labour and employment legislation.
C)Municipal labour and employment legislation.
D)The Civil Code.

Question 67

In what step of establishing and implementing an effective employment equity program does the employer develop positive and realistic goals and timetables for the achievement of employment equity in their organizations?

A)Develop and implement an employment equity plan.
B)Complete an employment systems review.
C)Monitor,review and revise the plan.
D)Undertake a workforce analysis.

Question 68

Statutes in all jurisdictions promote

A)Equal pay for work of equal value.
B)Equal pay for equal work.
C)Similar pay for similar work.
D)Similar pay for work of similar value.

Question 69

A restriction,preference or distinction based on a prohibited ground,which results in unequal treatment and denies an individual his or her right to the equal protection and benefit of guaranteed rights and freedoms is called ___________.

A)human rights
B)discrimination
C)selection
D)prejudice

Question 70

Equal pay for work of equal value refers to what type of legislation?

A)Human rights legislation
B)Anti-discrimination legislation
C)Pay equity legislation
D)Constitutional legislation

Question 71

What is the first step in establishing and implementing an effective employment equity program?

A)Establish a mechanism for consultation and collaboration
B)Conduct a workforce survey
C)Obtain the commitment of senior management
D)Undertake a workforce analysis

Question 72

Which of the following is a prohibited ground of discrimination and harassment in all jurisdictions?

A)Family status
B)Sexual orientation
C)Political belief
D)Social condition or origin

Question 73

Which of the following is an example of reasonable accommodation?

A)Transferring the employee to an alternative job.
B)Creating an unproductive modified position.
C)Providing perfect accommodation in the eyes of the employee.
D)Accommodation that imposes undue hardship on the employer.

Question 74

The Canadian Charter of Rights and Freedoms only applies directly to all of the following EXCEPT

A)All Canadians.
B)Municipal governments.
C)Provincial and territorial governments.
D)Federal governments.

Question 75

All human rights statutes provide that employers cannot retaliate against employee for exercising any of their lawful rights under human rights legislation.This is called protection for ___________.

A)reprisal
B)revenge
C)payback
D)retaliation

Question 76

The workforce survey involves asking employees to complete a voluntary questionnaire asking

A)If they were willing to serve as an employee representative in the employment equity program.
B)If they are members of one of the designated groups.
C)If they believe that enough consultation has occurred in the employment equity program.
D)If they believe that the workplace has employment equity issues that need to be resolved.

Question 77

The Abella report indicated that members of the four historically disadvantaged groups experienced all of the following disadvantages in employment EXCEPT

A)High unemployment rates.
B)Lower-than-average salaries.
C)Increased flexibility in employment mobility.
D)Concentration in low-status jobs with little potential for career advancement.

Question 78

Section 15 of the Charter of Rights and Freedoms refers to which rights?

A)Right to life,liberty and security of the person.
B)Equality rights including the right to equal protection and benefit of the law.
C)Freedom of religion,expression and association.
D)Democratic rights including the right to vote.

Question 79

What is intended to set out measurable and detailed steps for implementing and achieving employment equity in the workplace?

A)The Employment Equity Act
B)The Quebec Employment Equity Statute
C)Human Rights Legislation
D)Employment Equity Programs

Question 80

What type of legislation refers to the government's attempt to ensure that all individuals are treated equally and can participate freely in society in a manner free from discrimination and harassment?

A)Constitution Act
B)Civil Code
C)Human Rights
D)Common Law