Question 1

Although he has appropriate skills and training,Ranjit has been turned down for a job opening at a construction site because he cannot remove his turban based on his religious beliefs and is unable to wear a hardhat.What would a human rights commission most likely determine if Ranjit was to make a complaint?

Accepted Answer

A

Question 2

A court has decided that work performed by an individual was NOT integral to the business.Which of the following is strongly supported by this finding?

Accepted Answer

If the work performed by an individual is not integral to the business, it supports the classification of the worker as an independent contractor rather than an employee.

Question 3

Six months ago,Mr.Black was hired to manage Tamara's department.Since then,she has reported two incidents of sexual harassment to her human resources manager.Tamara is now very uncomfortable under Mr.Black's supervision,and her health and work performance have suffered.Which of the following is a valid concern for the company's human resources manager in these circumstances?

Accepted Answer

The valid concern for the company's human resources manager in these circumstances is the employer liability for negligent hiring. If Tamara's reports of sexual harassment are found to be true and the company did not properly vet Mr. Black before hiring him, they could be held liable for negligent hiring. This is why it is important for companies to have policies and procedures in place to prevent sexual harassment and properly investigate potential employees before hiring them for management positions.

Question 4

Yula is a freelance writer who has been hired as a independent contractor to produce three articles for a news magazine.Which of the following is an important implication of Yula's status as an independent contractor?

Accepted Answer

Independent contractors do not have certain statutory rights and benefits that are typically conferred on employees.

Question 5

Which of the following qualifies as a BFOR?

Accepted Answer

A BFOR (Bona Fide Occupational Requirement) is a standard or rule that is necessary for the safe, efficient, and reliable performance of a job, and it must be adopted in good faith for a legitimate business purpose.

Question 6

Which of the following groups is protected by the Employment Equity Act?

Accepted Answer

The Employment Equity Act protects four designated groups which are women, visible minorities, disabled people, and Aboriginal peoples. Therefore, option A is the correct choice as it includes all the protected groups mentioned in the act. Option B is incorrect because children are not a designated group protected by the act. Option C is incorrect because the elderly are not one of the designated groups, and women are not the only group protected. Option D is also incorrect because religious minorities are not one of the designated groups protected by the act.

Question 7

Which of the following is an emerging legal category of worker?

Accepted Answer

Dependent contractor is an emerging legal category of worker who has some features of both an employee and a contractor. They are not considered true independent contractors because they are economically dependent on one client or company. As a result, they may be entitled to some employment benefits and protections typically reserved for employees, such as minimum wage, overtime pay, and workers' compensation.

Question 8

Marjorie and Jean,human resource managers,are meeting to discuss the possible reaction of other employees to Hector,who has recently become blind.What is most likely the intention of this employer with respect to Hector?

Accepted Answer

The employer's intention is to discuss and consider accommodations for Hector, who has recently become blind, indicating that they are seeking to accommodate employees with special needs. Option A and D suggest a focus on proving undue hardship, which is not necessarily the case in this situation. Option C suggests a focus on proving the impossibility of accommodating special needs, which is not a positive or proactive approach.

Question 9

What is the most common defence to an allegation of employment-related discrimination?

Accepted Answer

The most common defence to an allegation of employment-related discrimination is a bona fide occupational requirement. This means that the employer can show that the requirement is necessary in order to perform the job, and that it is not discriminatory towards any particular group. Approved affirmative action and employment equity plans can help prevent discrimination, but they are not defences to an allegation of discrimination. Group insurance or pension plans are also not a defence to discrimination.

Question 10

Sofia is a bank manager.What would be the most likely result if Sofia becomes injured in the course of her employment?

Accepted Answer

The answer of Sofia is a bank manager.What would be...

Question 11

Which of the following is a feature of Canada's Employment Equity Act?

Accepted Answer

The Employment Equity Act targets underrepresentation of particular groups (women, Aboriginal peoples, persons with disabilities, and members of visible minorities) in workplaces of 100 or more employees. Therefore, option B is the correct answer.

Question 12

Is a requirement that an individual possess a valid driver's licence a bona fide occupational requirement?

Accepted Answer

A bona fide occupational requirement is one that is adopted in good faith for a legitimate business purpose, meaning the requirement is necessary for the job and not intended to discriminate.

Question 13

Which of the following might an employer have relied upon in its successful bid to convince a human rights commission that it would incur "undue hardship"?

Accepted Answer

Undue hardship is defined as a situation where accommodating an employee's needs would create significant difficulty or expense for the employer. Evidence that accommodation would pose a health and safety risk to the employee or others in the workplace may be used to support a claim of undue hardship. Evidence that the employer would have to modify its workplace rules or that accommodation would require an outlay of cash may also be relevant, but these factors alone may not be sufficient to establish undue hardship. Good faith is not relevant to the undue hardship analysis.

Question 14

Tara is a website designer and has arranged to meet with Barb at a coffee shop to discuss a website Barb's company would like pay Tara to design.If Tara undertakes this project,which of the following will most likely result?

Accepted Answer

As Tara is being hired by Barb's company to undertake a project, an independent contractual arrangement is the most likely outcome in order to outline the terms and conditions of the project and payment. This will establish a legal relationship between the two parties and allow for the protection of both parties' interests. A is incorrect as vicarious liability is unlikely to be assumed by Barb unless Tara is considered an employee. B is also incorrect as payroll taxes are not usually deducted from the earnings of independent contractors. C may or may not be true, but is not the most likely outcome.

Question 15

What governing body was given the role of enforcing employment equity legislation?

Accepted Answer

The Canadian Human Rights Commission is responsible for enforcing employment equity legislation in Canada. They monitor compliance with the Employment Equity Act, investigate complaints of discrimination, and work with employers to develop strategies for achieving equity in the workplace.

Question 16

In Canada,matters such as criminal record,ancestry,and political beliefs are all examples of prohibited grounds of employment discrimination.Which of the following is the most likely source of these types of prohibited grounds?

Accepted Answer

The prohibited grounds of employment discrimination can vary across different jurisdictions in Canada, as each province and territory has its own human rights legislation. Therefore, these grounds may not be uniformly prohibited across all Canadian employment legislation.

Question 17

A judge is hearing a matter involving a claim for damages by an employee.The plaintiff alleges she suffered harm in the course of performing her employment duties,caused by a new manager's careless actions.Which of the following is a distinguishing characteristic of this type of action?

Accepted Answer

The answer of A judge is hearing a matter involving...

Question 18

What percentage of employed Canadians who pay income taxes are subject to federal regulation as opposed to provincial regulation?

Accepted Answer

The answer of What percentage of employed Canadians who pay...

Question 19

A machine shop owner relies on his existing employees to source out new potential employees,and most of his employees are now from the same identifiable ethnic group.What form of discrimination might the machine shop be engaged in?

Accepted Answer

Systemic discrimination occurs when policies or practices result in a workforce that is not diverse, often unintentionally, due to reliance on existing networks that may not be inclusive.

Question 20

What commonality exists in the employment relationships between an employer and an independent contractor and an employer and employee?

Accepted Answer

Both relationships involve the exchange of work or services for remuneration. However, the classification of the worker as an independent contractor or an employee can have important legal and financial implications for both the worker and the employer.

Quiz 20: The Employment Relationship