ANSWER

1. If you smell alcohol on an employee's breath, you should take action in accordance with

your company's policy on alcohol and drug use. You may be required to confront the

employee, conduct a search, or take other disciplinary action. Your obligations under

human rights legislation will vary depending on the jurisdiction, but you should be aware

of the possibility of discrimination claims if you take action that is perceived to be unfair or

disproportionate. You also have a duty to maintain the safety of the workplace and to

protect other employees from potential harm.

2. If you are instructed to hire people who have similar characteristics to the target market,

you should take care to ensure that you do not engage in discriminatory hiring practices.

The potential legal implications of your actions will depend on the jurisdiction, but you

could be liable for discrimination if you hire people based on their race, ethnicity, or other

protected characteristic.

3. Dress codes that require men to wear suits and women to wear dresses may be

discriminatory if they impose different standards based on gender. This is because dress

codes that impose different standards based on gender can be seen as reinforcing gender

stereotypes. 

4. The concept of a bona fide occupational requirement can require that different standards

be applied to different employees. This is because some jobs may require certain physical or

mental characteristics that not all employees will possess. For example, the court in the

Melorin case found that different standards should apply to women versus men.

5. Sexual harassment can be found even where a victim voluntarily participates in the

offending conduct, including having sexual intercourse with the harasser. This is because

the victim's consent is not a defense to a claim of sexual harassment.

 

6. A major complaint of employers about the duty to accommodate under human rights

legislation is that the costs of making reasonable accommodations will reduce their ability

to compete with businesses (especially foreign ones) that do not face these requirements.

This is a legitimate concern, and employers and society should weigh the costs and benefits

of the duty to accommodate before making decisions about whether or not to implement it.

7. Both employment equity and pay equity legislation target certain designated groups for

preferential treatment. This is because these groups have historically been disadvantaged in

the workplace and they require special measures to ensure that they are treated fairly.

8. To attract, recruit, and retain visible minorities, you should take steps to ensure that your

company is an inclusive and welcoming environment for all employees. You should also

consider implementing targeted recruitment and retention strategies for visible minorities.