Chapter 2: HRM, Society and The Law
Exercise
Is this %$%** legal?
In this exercise, your task is to assess the legality of the following HR situations. Provide the legal basis for your assessment.
Situation 1. I am the owner of a South American restaurant on Beaubien street. My restaurant specializes in Peruvian cuisine and I spent a lot of money on decor because I want my customers to feel like they are in a small diner in Lima. Naturally, I make it a priority to hire servers of Peruvian descent. Is it legal?
Situation 2. I am the owner of a high end coffee shop and I invest a lot in my staff. I pay way above minimum wage, provide generous health benefits (relatively rare for coffee shop jobs), and even send some junior baristas to train in Italy for a week each year. want to keep the size of my staff small. To do so, I require everyone to work alternating weekends. Because I do not want to manage any exceptions, I am very strict: it is my way…or the highway. One barista who is Jewish has started to complain that he often has to work during shabbat, an important weekly observance for Jews. Is it legal?
Situation 3. In its selection process for the job of garbage collector, the City of Montreal uses a physical ability tests. The test asks applicants to throw a 25kg bag along a 150 meters obstacle course. In 2019, 200 were tested, 150 men and 50 women. The results of the test shows that 105 males passed the test while 10 women did. Is it legal?
Take home exercise. You are in charge of HR in a growing e-motorcycle company and the president has asked you to design an interview protocol for a new sales position . This job was created specifically to target the Chinese market and grow market shares there. You and the president have estimated that this job will require some travel (approx. 10%). After seeing a draft of the interview protocol, the president has asked that you add the following questions to the protocol:
- What is your nationality? (Why? He wants to give preference to Chinese nationals)
- Are you single? (Why? He wants an employee that has no ties and can travel freely)
- Do you ride motorcycles? (Why? He wants someone who understands the psychology of riders)
Which of these questions is illegal, if any? What suggestion can you offer to replace them?