In-Class 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. Given my investment in my staff I want to keep its size relatively small and, 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?