Reference no: EM132934138
Scenario
Randy is a senior HR manager with EZ Home and Hearth, a do-it-yourself retailer with stores across Canada. Senior management has approached Randy about an incident that recently took place in one of the non-unionized stores in Toronto.
Randy learns the store was conducting a training and development exercise for its managerial staff. The training took place in a meeting room on the second storey of the building, which was not accessible to employees with restricted mobility. One of the managerial staff, Gina, has limited mobility and uses a motorized scooter. Gina asked one of her co-workers, Jordan, if he could raise her up to the second floor using the store's forklift so that she could attend the session.
When Gina and Jordan told Marcel, the store's general manager, about their plan, Marcel told them he did not think it was a good idea, although he did not explicitly forbid it. Gina and Jordan went ahead anyway, and Gina was successfully raised up to the second floor and then lowered back down after the session using the forklift. However, several customers observed it and mentioned it to another employee, who quickly contacted head office to report this breach of safety protocol.
Senior management is concerned by the conduct of all 3 employees and asks Randy to advise on the best course of action.
1) Senior management is considering termination and asks whether any of the 3 employees involved could be justifiably terminated for cause. Who should Randy suggest could be terminated for cause?
a) Gina
b) Jordan
c) Marcel
2) EZ Home and Hearth aims to foster a safe working environment, where incidents such as this one should not occur. How should this incident be characterized?
a) As a failure on the part of management and supervisors to properly supervise the employees.
b) As a failure on the part of the employees to follow direction and do their part to contribute to a safe working environment.
c) As a failure on the part of the store and management to properly accommodate an employee with a disability.
3) To prevent similar incidents in the future, what should Randy suggest to Marcel that he do differently next time?
a) Ensure he is more precise when responding to employee queries.
b) Hold training sessions in an area accessible by all employees, including those with disabilities.
c) Rent a scissor lift to elevate Gina up to the training session safely.
4) Randy advises senior management that EZ Home and Hearth must accommodate Gina's disability. If the company is concerned with the additional requirements, what could it claim to limit its obligation?
a) The financial cost of accommodation would be unreasonable.
b) The accommodations would result in undue hardship.
c) The company's employment contracts do not stipulate the employer's duty to accommodate employees.
5) Gina is concerned about her job after the incident and wants to ensure she is protected from discrimination based on her disability. What legislation would apply to Gina?
6) Ontario's Human Rights Code
b) Canadian Human Rights Act
c) Canada Labour Code
7) As part of addressing this incident, senior management asks Randy to review the company's policies related to hiring, accommodation, and discrimination prevention. Which of the following hiring policies should Randy advise would most likely be considered discriminatory?
a) The use of bona fide occupational requirements.
b) The implementation of affirmative action programs.
c) The requirement of a physical fitness test for all positions.