Hide Folder Information Instructions Assignment 3 The Honourable Mr. Chief Justice Raymond Scotty looked around the ballroom of the large hotel and was gratified to see many of his family, friends and colleagues present at his retirement dinner and celebration. At the same time, he was very saddened to be at the end of his long and fulfilling career as a Judge and then the Chief Justice of the Court of Appeal in his province. Although completely vital and physically healthy, he was turning 75 in March, and was therefore no longer able to hold his position as a Judge in Canada. As he thought over all of the changes that had occurred over the years, and all of the decisions regarding human rights, employment equity, discrimination, and diversity that he had made for the benefit of Canada, he found it ironic that his date of retirement was still required to go forward as of March 1 of this year.

1. The Canadian Charter of Rights and Freedoms provides various fundamental rights to every Canadian. On its surface, which of the following fundamental rights appears to be taken from Mr. Raymond Scotty?

a) minority language education rights

b) freedom of thought, belief, opinion, and expression

c) the right to live and seek employment anywhere in Canada

d) democratic rights

e) freedom of association

2. Section 1 of the Charter guarantees rights and freedoms, but qualifies with adjectives such as "reasonable" and "demonstratively justified". If Mr. Raymond Scotty were to challenge his mandatory retirement at age 75, how would this challenge be decided?

a) to eliminate the application of the Charter

b) this would be interpreted by judges in the Supreme Court of Canada

c) since the Charter doesn't apply to non-human resource managers, this must be an administrative error

d) Mr. Raymond Scotty would be required to be certified by a medical professional as physically and mentally healthy, in order for him to be re-instated

e) if he hired a high quality lawyer, this would increase his chances of winning his challenge

3. Under the Canadian Human Rights Act, a prohibited ground of discrimination in employment in Canada is Age in all jurisdictions. As such, Mr. Scotty could argue that he is being discriminated against in employment by age. That said, the courts have ruled that terminating someone's employment due to their age

a) is always discriminatory

b) is not discriminatory for anyone over the age of 65

c) is not discriminatory if the person has reached the normal retirement age for that profession

d) is only discriminatory for minority groups

e) is not a factor to be considered

4. In Mr. Scotty's initial inquiries regarding his mandatory retirement at age 75, it appears that there is no specific intention to discriminate against him in particular, but discrimination due to age may occur nonetheless. This may be called

a) direct discrimination

b) intentional discrimination

c) systemic discrimination

d) unplanned discrimination

e) bona fide occupational qualification

Samira Ragulanka was excited about her new job with Karefull Cards, a company that designs and prints greeting cards. She was hired as a candidate under the organization's Employment Equity Program as a visible minority. In her interview with the Controller, it did not appear to be a problem when she identified that she was of the Muslim faith and would need to request some minor scheduling modifications to her work shifts. As it appeared to be a friendly and positive work environment, she was looking forward to her first day on the job next week!

5. Samira was pleasantly surprised that in her interview the Controller did not seem to take issue with her stating that she was a practicing Muslim and would need to request some minor scheduling modifications to her work shifts. She had had a bad experience related to this with a past employer even though she was certain that an employer must accommodate an employee's religious practices unless

a) such accommodation presents a conflict with the employer's own religious beliefs

b) the employee's religious beliefs are objectionable to the employer

c) the employee's religious beliefs are objectionable to a majority of the other employees

d) the accommodation presents "undue hardship" to the employer

e) such accommodation implies that the employee's beliefs are superior to those of the other employees

6. Under the Employment Equity Act of 1987, under what other category might Samira have been hired as an Employment Equity candidate?

a) marital status

b) aboriginal peoples

c) gays and lesbians

d) people with disabilities

e) women

7. If the Controller hired Samira but did not accommodate her minor scheduling modifications, which core dimension of diversity would the Controller be ignoring?

a) First language

b) Religion

c) Age

d) Race

e) Mental or physical capabilities

8. The voluntary adjustments to work that allow employees with special needs to perform their job effectively are called:

a) BFOQ

b) reasonable accommodation

c) adjusted requirements

d) systemic changes

e) reverse discrimination