Test Your Knowledge
This section can be customized should your company want to incorporate this Human Rights Reference Tool as part of your program.
Test 01
Scope of Protection
Now that you have learned about the scope of protection, let’s try an exercise to test your knowledge.
Read the statements below and indicate if they are true or false.
You will receive automatic feedback based on your answer.
01
TRUE or FALSE
A person hired by the local School Board as a personal aide to an employee is protected under the Ontario Human Rights Code.
A person hired by the local School Board as a personal aide to an employee is protected under the Ontario Human Rights Code.
This is TRUE
The person is in an employment relationship and is therefore protected under the Code
02
TRUE or FALSE
A co-op student is rejected for a placement because his visible tattoo is against company policy. The student is protected under the Code.
A co-op student is rejected for a placement because his visible tattoo is against company policy. The student is protected under the Code.
This is FALSE
A tattoo policy is not based on a prohibited ground of the Code. Although some might find the policy unfair, the Code does not cover it.
03
TRUE or FALSE
A full-time employee alleges her supervisor propositioned her while at a work-related conference outside Ontario. She is not protected under the Ontario Human Rights Code.
A full-time employee alleges her supervisor propositioned her while at a work-related conference outside Ontario. She is not protected under the Ontario Human Rights Code.
This is FALSE
Even though the incident occurred outside Ontario, the parties involved have an employment relationship in Ontario, and since the event was work-related, the Code applies.
04
TRUE or FALSE
A consultant hired on contract by the company is protected under the Ontario Human Rights Code.
A consultant hired on contract by the company is protected under the Ontario Human Rights Code.
This is TRUE
The Code protects anyone in an employment relationship, even limited contractual employment.
05
TRUE or FALSE
Co-workers who had an argument at a hockey game are assigned to the same project. One of them refuses the assignment, saying that the co-worker still makes disparaging remarks. This is allowed under the Code.
Co-workers who had an argument at a hockey game are assigned to the same project. One of them refuses the assignment, saying that the co-worker still makes disparaging remarks. This is allowed under the Code.
This is FALSE
This rumour does not reference any of the prohibited grounds of the Code.
06
TRUE or FALSE
A full-time employee alleges her supervisor propositioned her while at a work-related conference outside Ontario. She is not protected under the Ontario Human Rights Code.
A full-time employee alleges her supervisor propositioned her while at a work-related conference outside Ontario. She is not protected under the Ontario Human Rights Code.
This is FALSE
Disputes between individuals that are not based on a Code ground are not covered by the Code.
07
TRUE or FALSE
An employee alleges he received pornographic and threatening emails from a co-worker on his home computer. He is protected under the Ontario Human Rights Code.
An employee alleges he received pornographic and threatening emails from a co-worker on his home computer. He is protected under the Ontario Human Rights Code.
This is TRUE
Even though the offensive emails were sent to a home computer, the conduct has the potential to affect the workplace, which the employer must make discrimination- and harassment-free.
08
TRUE or FALSE
A person interviewed for a receptionist job is told that, although she qualifies, the employer needs someone without an accent, to ensure that people do not have difficulty understanding messages. She is protected under the Ontario Human Rights Code.
A person interviewed for a receptionist job is told that, although she qualifies, the employer needs someone without an accent, to ensure that people do not have difficulty understanding messages. She is protected under the Ontario Human Rights Code.
This is TRUE
The requirement to be accent-free may involve the grounds of race, colour, citizenship and ethnic origin and therefore contravenes the Code.
Human Rights Reference Tool Overview
Discuss the responsibility and liability of all parties, the scope of protection, prohibited and non-prohibited grounds, and the social areas covered within the grounds.
Provide definitions and examples of all forms of harassment and discrimination.
Provide a downloadable version of the company’s Human Rights and Anti-Harassment Policy.
Provide a number of quick links on the key themes of this Human Rights Reference Tool.
Provide commonly asked questions and answers as it applies to your company’s policy.
This Human Rights Reference Tool can be further customized and enhanced by including your company’s brand/logo, and policy.
Contact HR Proactive Inc. to discuss customization options and pricing.
Test 02
Examples of Harassment and Discrimination
Now that you have learned about harassment and discrimination, let’s try an exercise to test your knowledge.
Read the statements below and indicate if they are true or false.
You will receive automatic feedback based on your answer.
01
TRUE or FALSE
A supervisor overhears two employees making racial comments about visible minorities. This is an example of harassment and discrimination.
A supervisor overhears two employees making racial comments about visible minorities. This is an example of harassment and discrimination.
This is TRUE
Yes, this is harassment. A supervisor has an obligation to ensure a “harassment free” environment and should act, even if no one has complained!
02
TRUE or FALSE
A supervisor meets with an employee bi-weekly, as a result of deficiencies in the employee's performance, and checks-in with the employee almost daily. This is an example of harassment and discrimination.
A supervisor meets with an employee bi-weekly, as a result of deficiencies in the employee's performance, and checks-in with the employee almost daily. This is an example of harassment and discrimination.
This is FALSE
This is not considered harassment or discrimination. The supervisor is appropriately monitoring a deficiency in the employee’s performance.
03
TRUE or FALSE
Employees in a small business owned by an evangelical person are regularly sent religious material, and encouraged to join the owner at lunch time for prayer meetings.
Employees in a small business owned by an evangelical person are regularly sent religious material, and encouraged to join the owner at lunch time for prayer meetings.
This is TRUE
This is harassment. An employer is not entitled to impose their religious views or practices on their employees.
04
TRUE or FALSE
An employee engages in sexual banter with another employee and later claims sexual harassment. This is an example of harassment and discrimination.
An employee engages in sexual banter with another employee and later claims sexual harassment. This is an example of harassment and discrimination.
This is FALSE
To complain about what you yourself have engaged in is not harassment. Since, this banter was not unwelcome, it does not constitute harassment.
05
TRUE or FALSE
An employee emails a list of gay/lesbian jokes to select co-workers. This is an example of harassment and discrimination.
An employee emails a list of gay/lesbian jokes to select co-workers. This is an example of harassment and discrimination.
This is TRUE
This is harassment. It is inappropriate to distribute or email jokes that may be offensive or degrading based on any of the prohibited grounds.
06
TRUE or FALSE
A Catholic high school gives preference in hiring Catholic teachers. This is an example of harassment and discrimination.
A Catholic high school gives preference in hiring Catholic teachers. This is an example of harassment and discrimination.
This is FALSE
It is not discrimination to give preference to Catholic teachers if religion is a reasonable and bona fide qualification for employment.
Test 03
Examples of Sexual Harassment
Now that you have learned about sexual harassment, let’s try an exercise to test your knowledge.
Read the scenarios below and indicate if they fit the definition of sexual harassment.
You will receive automatic feedback based on your answer.
Scenario A
Is this sexual harassment?
A man and a woman have been work colleagues for many years. They clearly do not like each other and have very different views on how the department should operate. There have been loud disagreements between them. He sometimes makes a mooing sound or says, “swish, swish” (in reference to the noise her nylons make) when she walks by. He has suggested more than once in meetings that she and other women would be better off at home taking care of their children. She complains to the Human Resources Department.
A man and a woman have been work colleagues for many years. They clearly do not like each other and have very different views on how the department should operate. There have been loud disagreements between them. He sometimes makes a mooing sound or says, “swish, swish” (in reference to the noise her nylons make) when she walks by. He has suggested more than once in meetings that she and other women would be better off at home taking care of their children. She complains to the Human Resources Department.
YES
This is sexual harassment. This is clearly a course of repeated behaviours that can cause annoyance or embarrassment. This scenario demonstrates that sexual harassment can include behaviour related to gender.
Scenario B
Is this sexual harassment?
The supervisor of a department, a woman, has a consensual sexual affair with one of the workers that report to her. After several months, he ends the relationship to go back to his wife. Shortly thereafter, he files a claim of sexual harassment.
The supervisor of a department, a woman, has a consensual sexual affair with one of the workers that report to her. After several months, he ends the relationship to go back to his wife. Shortly thereafter, he files a claim of sexual harassment.
NO
This is not sexual harassment. Sexual relationships between consenting adults are not considered discrimination or harassment, even when a power imbalance exists. A sexual advance from a person in authority is not harassment unless it is known to be unwelcome. The facts in Scenario B do not disclose any employment consequence in connection with the termination of the affair.
Scenario C
Is this sexual harassment?
Company X is 100 years old and until 1988, employed only men and men continue to make up over 90% of the workforce. There is no union, management prides itself on its open-door policy and the workforce is well-paid and close knit. There is a lot of good-natured joking and teasing, often of a sexual nature. Both men and women (particularly the more senior women) participate in the back and forth banter. Traditionally, the men were allowed certain areas where they could post pin-up type calendars. When women came into the workplace, management became concerned and banned full nudity in these displays. Both men and women now have pin-ups featuring models nude from the waist up. No one has complained.
Company X is 100 years old and until 1988, employed only men and men continue to make up over 90% of the workforce. There is no union, management prides itself on its open-door policy and the workforce is well-paid and close knit. There is a lot of good-natured joking and teasing, often of a sexual nature. Both men and women (particularly the more senior women) participate in the back and forth banter. Traditionally, the men were allowed certain areas where they could post pin-up type calendars. When women came into the workplace, management became concerned and banned full nudity in these displays. Both men and women now have pin-ups featuring models nude from the waist up. No one has complained.
YES
This is poisoned environment sexual harassment. The sexual behaviour has become a condition of employment because it is disregarded by management. Even though no one has complained, pressure to tolerate the behaviour exists.
Test 04
Impact and Effects of Sexual Harassment
Now that you have learned about the behaviours exhibited by harassers and the impact and effects of sexual harassment, let’s try an exercise to test your knowledge. Read the scenarios and decide if the facts indicate that sexual harassment or discrimination has occurred. You will receive automatic feedback based on your decision.
Scenario A
Do the facts indicate sexual harassment or discrimination
has occurred?
Julie White, a department manager, makes travel and hotel reservations to attend an annual conference that she has been attending and representing the company for years. A few months later, she informs the company that she is pregnant. The following day she receives an email stating that she will not be required to attend the conference.
has occurred?
Julie White, a department manager, makes travel and hotel reservations to attend an annual conference that she has been attending and representing the company for years. A few months later, she informs the company that she is pregnant. The following day she receives an email stating that she will not be required to attend the conference.
YES
This could be deemed to be sex or pregnancy discrimination.
Scenario B
Do the facts indicate sexual harassment or discrimination
has occurred?
Linda Simpson is an administrative assistant at the ABC Company. Her supervisor asked her to accompany him to the company's Christmas party, and she agreed since she finds him attractive. After the party, she suggests that he join her at her apartment for coffee.
has occurred?
Linda Simpson is an administrative assistant at the ABC Company. Her supervisor asked her to accompany him to the company's Christmas party, and she agreed since she finds him attractive. After the party, she suggests that he join her at her apartment for coffee.
NO
A consensual relationship between two adults is not considered sexual harassment.
Scenario C
Do the facts indicate sexual harassment or discrimination
has occurred?
Ann Baker is employed in a male-dominated work environment as a mechanic. She is exposed to posters and pin ups of a sexual nature in the lunchroom. She has advised her supervisor that she finds them offensive. He removes them, but the next day new ones are posted. When Ms. Baker mentions this to the supervisor he says he has tried, but there is nothing else he can do.
has occurred?
Ann Baker is employed in a male-dominated work environment as a mechanic. She is exposed to posters and pin ups of a sexual nature in the lunchroom. She has advised her supervisor that she finds them offensive. He removes them, but the next day new ones are posted. When Ms. Baker mentions this to the supervisor he says he has tried, but there is nothing else he can do.
YES
This is sexual harassment and her supervisor would be held liable and responsible in a human rights complaint. The public display of pornography has created a poisoned work environment.
Scenario D
Do the facts indicate sexual harassment or discrimination has occurred?
Adrienne Jones worked for an employment agency and was assigned a temporary position in the local School Board. When she reported for work, the manager made inappropriate comments about her physical attributes and appearance. He began asking her to stay late after work under the pretext that he had reports that needed her to complete. Often after these evenings, he would offer to drive her home. Ms. Jones began feeling very uncomfortable. After one evening of working late, the manager suggested that Ms. Jones go out to a local bar with him to discuss the possibility of full time employment opportunities with the School Board. Ms. Jones declined this offer and the manager stated that if she did not go it was highly unlikely that she would ever get on with the School Board full time.
Adrienne Jones worked for an employment agency and was assigned a temporary position in the local School Board. When she reported for work, the manager made inappropriate comments about her physical attributes and appearance. He began asking her to stay late after work under the pretext that he had reports that needed her to complete. Often after these evenings, he would offer to drive her home. Ms. Jones began feeling very uncomfortable. After one evening of working late, the manager suggested that Ms. Jones go out to a local bar with him to discuss the possibility of full time employment opportunities with the School Board. Ms. Jones declined this offer and the manager stated that if she did not go it was highly unlikely that she would ever get on with the School Board full time.
YES
the manager’s conduct constitutes sexual harassment. Although his comments were not explicitly sexual, they were implied.
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