The Legal Environment 2
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Seneca College *
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Subject
Law
Date
Jan 9, 2024
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docx
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Uploaded by CountFreedomCheetah30
ASHA AHMED EJOM CHIDINMA
MOYIN IGE
COURSE TITLE: THE LEGAL ENVIRONMENT
COURSE CODE: HRM 855
PROFESSOR: PREITI MOMAYA
Scenario A
1. You have a number of extra-curricular activities listed on your resume. Are there any associations to which you belong?
This question is generally permissible as it focuses on the associations related to extra-curricular activities mentioned on the resume. However, in some cases, asking about specific associations might touch upon protected characteristics or associations related to race, religion, political beliefs, or other protected categories, which could potentially be illegal in certain jurisdictions. It is important to be cautious and ensure compliance with local laws.
2. Tell me about a time you were faced with a tight deadline that you weren't able to meet. What was the outcome of that situation? This question is typically legal as it pertains to your past work experiences and your ability to handle deadlines. It does not touch upon any protected characteristics or engage in discriminatory practices.
3. Why did you leave your last position? Generally, asking about the reasons for leaving a previous position is legal, as fas as it does not delve into protected characteristics such as disability, age, gender, or other protected categories. The focus should be on non-discriminatory reasons like career growth, relocation, or changes in job responsibilities.
4. Are you planning to take any other classes or completing any other certification or designation that will assist you in
your career growth? (5 marks)
This question is generally acceptable and legal. It relates to professional development and career growth. It demonstrates an interest in the candidate's commitment to enhancing their skills and knowledge.
5. Do you have arrangements made for the care of your child while you are at work? (5 marks)
In most jurisdictions, it is considered illegal and discriminatory to ask questions about an applicant's childcare arrangements. These kinds of questions can infringe upon family status or gender-related protections. Employers should focus on a candidate's ability to meet the job requirements and not inquire about their family or childcare responsibilities.
6. If you were a flavor of ice cream, what flavor would you be? Explain why. (5 marks)
If this question is unrelated to the job requirements and does not pertain to the candidate's qualifications, skills, or experiences; while it may not be illegal, it is generally considered irrelevant and unprofessional to ask such questions during an employment interview.
7. Can you provide me with an example of a time you disagreed with a decision that your manager made? What happened? This question is generally permissible as it explores the candidate's problem-solving skills, ability to handle conflicts, and communicate effectively. It focuses on work-related situations and does not touch upon protected characteristics or engage in discriminatory practices.
8. This job requires working on evenings and some weekends. Are you available to work on evenings and on Sundays?
This question is legal. It directly relates to the job requirements and the candidate's availability. It is essential for employers to assess whether candidates can meet the work schedule and availability required for the position.
9. Your last name is Branch? Where does that name originate? This question is generally considered irrelevant and unrelated to the job requirements. It has the potential to inquire into
protected characteristics such as race, ethnicity, or national origin. While it may not be explicitly illegal, it is best to avoid asking questions that could lead to discriminatory practices. Hence, can be seen to be considered illegal.
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10. What year did you graduate high school? This question can be considered to be illegal and potentially problematic as it may reveal the candidate's age, which is in violation of the Age discrimination code which states that people should not be discriminated against because of their age.
Scenario B
a. identify duties or responsibilities which may be in contravention of employment legislation and provide a rationale for changes you recommend should be made in the posting.
Extra assignments may be available at many locations, but not mandatory: It is important to point out potential accommodations that may be required for individuals who may face challenges related to work at certain locations. The statement above does not highlight flexibility which aligns with accommodating employees to the extent possible as required by the employment legislation. Ability to lift at least 50 pounds weight: Including a specific weight requirement, such as the ability to lift 50 pounds, in a job description may raise concerns related to potential discrimination against individuals with disabilities. It is more appropriate to give details of the physical tasks and demands in a way that allows individuals to gauge their own abilities and consider fair accommodation. To comply with employment legislation and promote inclusivity, it is recommended to
focus on essential job duties and the physical requirements necessary for the role, rather than specifying weight limit. b. For each duty/responsibility which contravenes legislation provide an alternate example.
Extra assignments may be available at many locations, but not mandatory: Occasional assignments at different locations
may be required but flexibility in work location is possible.
Ability to lift at least 50 pounds weight: Ability to perform physical tasks necessary for the safe operation of the school bus, which may include occasional lifting or moving of objects of varying weights.
c. Identify qualifications which may be in contravention of employment legislation and provide a rationale for changes
you recommend should be made in the posting. Age Requirement: Requiring applicants to be at least 45 years of age may contravene age discrimination. Age should not be a determining factor for employment unless it directly relates to the job requirements or legal restrictions (such as minimum driving age for school buses). Therefore, the age requirement should be removed or modified to comply with applicable employment legislation.Rather than the age requirement, a rationale change recommended would be that they must complete all legal requirements in order to receive a driver licence. Because of this modification,people of all ages who are capable of fulfilling the requirements for the job of driving a school bus will have equal possibilities to submit their applications for the position. For example, In Ontario, bus drivers must have a bus driver licence to be able to drive a school bus.
Height Requirement: Requiring applicants to be over 5 feet in height could potentially discriminate against individuals with shorter stature. Unless there are legitimate safety concerns that require a certain height, this requirement should be removed or modified.
The alternate should be getting rid of the height restriction because it has nothing to do with the actual job duties. The prospective employee’s capacity to operate the vehicle in a risk-free manner, as well as to carry out the essential duties associated with driving and protecting the students health and safety,should be given primary consideration.
Language Requirement: Requiring applicants to communicate clearly in English or French may
discriminate against individuals who are proficient in other languages but not in the specified languages.Language requirements should be directly related to the job duties and necessary for effective
performance.
d. For each qualification which contravenes legislation provide an alternate example?
Age Requirement: “Applicants must meet the minimum age requirement set by the local transportation authority or relevant regulations." According to the Ontario legislation, a bus driver should be at least 21 years old. (Get a Bus Driver’s Licence, n.d.).
Height Requirement: Getting rid of the height requirement and instead following the applicable legislation for example; as per the Ontario legislation, applicants must complete a government-approved School Bus Driver Improvement Course(Get a Bus Driver’s Licence, n.d.). The course covers and sees if the applicant is best fit for a bus driver job.
Language requirement: “Applicants must be able to communicate effectively in a language required for the job duties as specified by the local transportation authority or relevant regulations” For example,Bus drivers in Ontario must pass the knowledge test and this is usually done in the official languages ofOntario.
e. Recommend a BFOR which may be relevant to the job and should be included in the posting
The qualifications listed in the job posting for school bus drivers may contravene employment legislation in certain jurisdictions. Requiring applicants to be at least 45 years of age could potentially be considered age discrimination, as age should not be a determining factor unless directly related to job requirements. Similarly, the height requirement of over 5 feet may discriminate against individuals with shorter stature unless safety concerns exist. Additionally, the language requirement of English or French communication may exclude proficient individuals in other languages. To comply with employment legislation, these qualifications should be removed or modified.
As per the BFOR (Bona Fide Occupational Requirement), A relevant factor for the school bus driver
position could be the ability to ensure the safety and well-being of students during transportation. The posting should include a BFOR statement that acknowledges the importance of this requirement and highlights the need for drivers to meet the necessary physical and mental qualifications to perform the job safely.
An example of a BFOR. “Applicants must meet the physical and mental qualifications necessary to ensure the safety and well-being of students during transportation, as required by the local transportation authority or relevant regulations”
It is always important to consult local employment laws and regulations specific to the jurisdiction where the job is being
advertised to ensure compliance with applicable legislation. In conclusion, it is important for employers to review job postings and qualifications to ensure
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compliance with employment legislation and promote inclusivity. The identified qualifications in the school bus driver job posting, such as age and height requirements, along with the language requirement, may contravene employment laws in certain jurisdictions. By revising or removing these qualifications and incorporating a relevant BFOR related to student safety, employers can create a more equitable and legally compliant job posting that attracts a diverse pool of applicants.
Reference
Get a bus driver’s licence. (n.d.). ontario.ca. https://www.ontario.ca/page/get-bus-drivers-licence