Podcast
Questions and Answers
What must employers prove regarding undue hardship related to accommodation?
What must employers prove regarding undue hardship related to accommodation?
What is the best practice for job advertising to prevent perpetuating the status quo?
What is the best practice for job advertising to prevent perpetuating the status quo?
When can employers include questions related to prohibited grounds during interviews?
When can employers include questions related to prohibited grounds during interviews?
When should requests for information revealing a candidate's protected class status occur?
When should requests for information revealing a candidate's protected class status occur?
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What may be considered discriminatory during pre-employment procedures?
What may be considered discriminatory during pre-employment procedures?
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Which type of testing is acceptable during the hiring process?
Which type of testing is acceptable during the hiring process?
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What must employers consider when evaluating candidates who test positive in pre-employment screenings?
What must employers consider when evaluating candidates who test positive in pre-employment screenings?
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What must advertisements avoid to comply with human rights requirements?
What must advertisements avoid to comply with human rights requirements?
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What action should an employer take to comply with background check regulations when hiring for a position requiring a specific degree?
What action should an employer take to comply with background check regulations when hiring for a position requiring a specific degree?
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What is required for an employer to conduct police records checks on job applicants?
What is required for an employer to conduct police records checks on job applicants?
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Which type of employee typically is not entitled to termination notice or pay in lieu of notice?
Which type of employee typically is not entitled to termination notice or pay in lieu of notice?
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Which type of check should ideally occur after a conditional offer of employment is made?
Which type of check should ideally occur after a conditional offer of employment is made?
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What must an employee fulfill to be eligible for benefits under the Employment Insurance (EI) system?
What must an employee fulfill to be eligible for benefits under the Employment Insurance (EI) system?
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What legal principle determines if an employment requirement can be justified based on business necessity?
What legal principle determines if an employment requirement can be justified based on business necessity?
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Which type of employment relationship involves a worker being classified differently for tax purposes compared to their rights in wrongful dismissal cases?
Which type of employment relationship involves a worker being classified differently for tax purposes compared to their rights in wrongful dismissal cases?
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What does the Digital Platform Workers’ Rights Act, 2022 aim to provide for gig workers?
What does the Digital Platform Workers’ Rights Act, 2022 aim to provide for gig workers?
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What expanded aspect of discrimination is now recognized within human rights legislation?
What expanded aspect of discrimination is now recognized within human rights legislation?
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What role does an agent play in employment relationships?
What role does an agent play in employment relationships?
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Which of the following is NOT a part of the Meiorin three-part test?
Which of the following is NOT a part of the Meiorin three-part test?
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What can administrative tribunals investigate with respect to employment law?
What can administrative tribunals investigate with respect to employment law?
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Which law addresses protections specifically for gig economy workers?
Which law addresses protections specifically for gig economy workers?
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What is a critical factor in determining if employment discrimination has occurred?
What is a critical factor in determining if employment discrimination has occurred?
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How does the employment relationship definition apply to individuals who work under a contract?
How does the employment relationship definition apply to individuals who work under a contract?
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Which of the following is NOT one of the main elements necessary to create a contract?
Which of the following is NOT one of the main elements necessary to create a contract?
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In the context of employment contracts, which term refers to the conditions under which an employee may be terminated without cause?
In the context of employment contracts, which term refers to the conditions under which an employee may be terminated without cause?
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Which contractual term may require an employee to limit their activities after leaving the company?
Which contractual term may require an employee to limit their activities after leaving the company?
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What is the significance of customizing employment contracts for specific employees?
What is the significance of customizing employment contracts for specific employees?
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Which of the following contractual terms deals with the conditions of employee benefits?
Which of the following contractual terms deals with the conditions of employee benefits?
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What is required for a written employment contract to be enforceable?
What is required for a written employment contract to be enforceable?
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Which clause ensures that the remainder of the contract remains valid if one part is found to be unenforceable?
Which clause ensures that the remainder of the contract remains valid if one part is found to be unenforceable?
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What is the role of a 'Golden Parachute' in an employment contract?
What is the role of a 'Golden Parachute' in an employment contract?
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Which term in an employment contract outlines the provisions for remote work?
Which term in an employment contract outlines the provisions for remote work?
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What aspect of employment law does negligent hiring practices pertain to?
What aspect of employment law does negligent hiring practices pertain to?
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Which of the following is NOT a ground for discrimination prohibited by Alberta’s Human Rights Code?
Which of the following is NOT a ground for discrimination prohibited by Alberta’s Human Rights Code?
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What must be demonstrated for an employer to argue 'undue hardship' as an exemption under the Code?
What must be demonstrated for an employer to argue 'undue hardship' as an exemption under the Code?
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Which of the following statements regarding civil remedies under Alberta’s Human Rights Code is true?
Which of the following statements regarding civil remedies under Alberta’s Human Rights Code is true?
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Which situation would violate the Alberta Human Rights Code during the recruitment process?
Which situation would violate the Alberta Human Rights Code during the recruitment process?
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In what circumstance is contracting out of the Alberta Human Rights Code allowed?
In what circumstance is contracting out of the Alberta Human Rights Code allowed?
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Which of the following best describes the effect of intent under the Alberta Human Rights Code?
Which of the following best describes the effect of intent under the Alberta Human Rights Code?
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Which is an example of a bona fide occupational qualification (BFOQ) under Alberta’s Human Rights Code?
Which is an example of a bona fide occupational qualification (BFOQ) under Alberta’s Human Rights Code?
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Which additional ground of discrimination is explicitly recognized by the Alberta Human Rights Code?
Which additional ground of discrimination is explicitly recognized by the Alberta Human Rights Code?
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What is a common misconception about the application of the Alberta Human Rights Code?
What is a common misconception about the application of the Alberta Human Rights Code?
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What is the purpose of administrative agencies or commissions in employment law?
What is the purpose of administrative agencies or commissions in employment law?
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Which of the following accurately describes the Digital Platform Workers’ Rights Act, 2022?
Which of the following accurately describes the Digital Platform Workers’ Rights Act, 2022?
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Under what conditions might an individual be considered an independent contractor for tax purposes?
Under what conditions might an individual be considered an independent contractor for tax purposes?
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What does the Meiorin three-part test evaluate in employment law?
What does the Meiorin three-part test evaluate in employment law?
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How has the definition of discrimination evolved according to human rights legislation?
How has the definition of discrimination evolved according to human rights legislation?
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What role does an agent serve in employment relationships?
What role does an agent serve in employment relationships?
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Which statement accurately reflects the rights of gig workers under the new legislation?
Which statement accurately reflects the rights of gig workers under the new legislation?
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What determines if an employment requirement is justified based on business necessity?
What determines if an employment requirement is justified based on business necessity?
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What should employers verify directly with institutions when hiring for positions that require specific degrees?
What should employers verify directly with institutions when hiring for positions that require specific degrees?
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What action is required for police records checks during the hiring process?
What action is required for police records checks during the hiring process?
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When should most types of background checks ideally be conducted?
When should most types of background checks ideally be conducted?
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What type of employment relationship is typically not entitled to termination notice or pay in lieu of notice?
What type of employment relationship is typically not entitled to termination notice or pay in lieu of notice?
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To qualify for benefits under the Employment Insurance (EI) system, what must an employee have completed?
To qualify for benefits under the Employment Insurance (EI) system, what must an employee have completed?
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What does the Alberta Human Rights Code primarily prohibit in employment?
What does the Alberta Human Rights Code primarily prohibit in employment?
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Which of the following is NOT a condition mentioned under exemptions allowed in the Alberta Human Rights Code?
Which of the following is NOT a condition mentioned under exemptions allowed in the Alberta Human Rights Code?
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How does the Alberta Human Rights Code apply to the recruitment process?
How does the Alberta Human Rights Code apply to the recruitment process?
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What is a defining characteristic of the Alberta Human Rights Code regarding intent?
What is a defining characteristic of the Alberta Human Rights Code regarding intent?
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In which situation can an employer claim 'undue hardship' under the Alberta Human Rights Code?
In which situation can an employer claim 'undue hardship' under the Alberta Human Rights Code?
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What type of remedies does the Alberta Human Rights Code provide?
What type of remedies does the Alberta Human Rights Code provide?
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Which scenario represents a situation where discrimination is legally allowed under the Alberta Human Rights Code?
Which scenario represents a situation where discrimination is legally allowed under the Alberta Human Rights Code?
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How does the Alberta Human Rights Code handle conflicts with other statutes?
How does the Alberta Human Rights Code handle conflicts with other statutes?
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What is a notable aspect of the Alberta Human Rights Code in relation to contracting out?
What is a notable aspect of the Alberta Human Rights Code in relation to contracting out?
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Which additional ground of discrimination is recognized by the Alberta Human Rights Code that is not commonly considered?
Which additional ground of discrimination is recognized by the Alberta Human Rights Code that is not commonly considered?
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What can justify dismissal for cause regarding job candidates?
What can justify dismissal for cause regarding job candidates?
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Under what circumstance may an employer be liable for damages due to negligent misrepresentation?
Under what circumstance may an employer be liable for damages due to negligent misrepresentation?
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Which of the following practices helps employers avoid misrepresentation liability?
Which of the following practices helps employers avoid misrepresentation liability?
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What is a recommended step for employers during the interview process?
What is a recommended step for employers during the interview process?
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Which term describes the act of luring an employee away through exaggerated promises?
Which term describes the act of luring an employee away through exaggerated promises?
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What should be included in a written employment contract to clarify oral representations?
What should be included in a written employment contract to clarify oral representations?
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In the context of wrongful hiring, what can be an outcome if an employer misleads a candidate?
In the context of wrongful hiring, what can be an outcome if an employer misleads a candidate?
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Which of the following actions is NOT recommended for employers during the hiring process?
Which of the following actions is NOT recommended for employers during the hiring process?
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What legal precedent underscores employer liability for fraudulent misrepresentation?
What legal precedent underscores employer liability for fraudulent misrepresentation?
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What can generally be considered insufficient to justify dismissal in cases of misrepresentation?
What can generally be considered insufficient to justify dismissal in cases of misrepresentation?
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What can lead to an employee receiving a larger award for wrongful dismissal damages?
What can lead to an employee receiving a larger award for wrongful dismissal damages?
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What is a potential consequence of employers failing to verify information provided by a candidate?
What is a potential consequence of employers failing to verify information provided by a candidate?
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Which of the following practices is discouraged during the hiring process?
Which of the following practices is discouraged during the hiring process?
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What is a requirement for an employee to successfully claim anticipatory breach of contract?
What is a requirement for an employee to successfully claim anticipatory breach of contract?
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What do restrictive covenants typically aim to limit?
What do restrictive covenants typically aim to limit?
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Which condition must be met for a non-compete clause to be acceptable under the 2021 amendments to the Employment Standards Act?
Which condition must be met for a non-compete clause to be acceptable under the 2021 amendments to the Employment Standards Act?
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What does anticipatory breach of contract imply about the employment offer?
What does anticipatory breach of contract imply about the employment offer?
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What type of clause is advisable for employers to include in employment contracts to guard against common issues?
What type of clause is advisable for employers to include in employment contracts to guard against common issues?
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What is a significant legal risk associated with negligent hiring practices for employers?
What is a significant legal risk associated with negligent hiring practices for employers?
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Study Notes
Duty to Accommodate
- Employers must accommodate employees to the point of undue hardship, which requires proof on a balance of probabilities.
Recruitment, Selection, and Hiring
- Employment agencies are mandated to adhere to human rights laws.
- Best practice includes broadly advertising job openings to avoid perpetuating existing biases.
- Job advertisements must not deter or exclude individuals from protected groups.
Application and Interview Practices
- Applications cannot include questions that classify candidates based on prohibited grounds.
- During interviews, inquiries related to prohibited grounds must pertain to a bona fide occupational requirement (BFOR) or an exemption.
- Screening out overqualified candidates automatically is discouraged.
Pre-Employment Considerations
- Requests for information about potential candidates' protected class status should occur only after a conditional job offer.
- Pre-employment medical evaluations should be conducted after a conditional offer has been extended.
Substance Abuse Testing
- Pre-employment drug and alcohol testing can be discriminatory given that substance dependencies are considered disabilities.
- Employers should prepare accommodations for candidates testing positive, while job-related skill assessment tests are acceptable.
Written Employment Contracts
- Essential elements for a valid contract are offer, acceptance, and consideration; oral agreements can also be binding.
- Written contracts help mitigate misunderstandings and clarify contentious issues.
Common Contractual Terms
- Contracts should be tailored for specific positions, especially for less skilled roles.
- Key terms often found in contracts include job description, remuneration, term of employment, termination conditions, and benefits.
Employment Relationship Definitions
- A person may qualify as an independent contractor for tax but as an employee for wrongful dismissal claims.
- The Digital Platform Workers' Rights Act, 2022 will provide certain protections for gig workers.
Human Rights Legislative Framework
- Provincial and territorial human rights statutes offer additional protections against discrimination in multiple sectors.
- Discrimination now encompasses both intentional and unintentional acts.
Meiorin Test for BFOR/BFOQ
- The three-part test assesses if rules are rationally connected to job performance, adopted with honest belief in necessity, and reasonably necessary for achieving business purposes.
Alberta's Human Rights Code
- Covers discrimination in employment based on 16 grounds including sexual harassment, without needing to prove intent.
- The Code applies at all employment stages, including recruitment, and cannot be waived by contracting out.
Exemptions to Discrimination
- Authorized discrimination may occur in specific scenarios such as special service organizations and bona fide occupational qualifications.
Liability and Employment Checks
- Employers should verify candidates' qualifications, conduct background checks post-conditional offer, and obtain consent for police record checks.
- Caution is advised when using social media in candidate assessments due to potential misinformation.
Types of Employment Relationships
- Various types include permanent, temporary, casual, agency/temporary workers, and foreign workers, all facing different rights and benefits.
Employment Standards
- Generally, employment statutes do not differentiate types of employees; however, temporary employees may lack entitlement to termination notice or pay.
- Eligibility for Employment Insurance (EI) benefits involves meeting quantifiable working hours in insured employment.
Judicial Framework
- Administrative Tribunals: Focus on specialized areas like employment standards and discrimination; they can investigate complaints and make decisions.
- Administrative Agencies: Empowered to investigate issues and enforce rulings in various employment-related matters.
Defining the Employment Relationship
- Independent Contractors vs. Employees: An individual may be classified differently for tax vs. wrongful dismissal purposes.
- Digital Platform Workers’ Rights Act, 2022: Aims to protect gig workers in the digital economy, offering specific rights.
- Agency Representation: An agent acts on behalf of a principal in dealings with third parties.
Human Rights Legislation
- Applicability: Provincial and territorial human rights statutes cover discrimination for individuals and corporations across Canada.
- Expanded Definition of Discrimination: Shifted from focusing solely on intentional acts to including unintentional impacts.
Meiorin Test for BFOR/BFOQ
-
Three-Part Test:
- Must be rationally connected to job performance.
- Adopted with an honest belief in necessity for a legitimate business purpose.
- Reasonably necessary to achieve that purpose without causing undue hardship for the employer.
Overview of Alberta’s Human Rights Code
- Coverage: Applies to private and public sectors; prohibits discrimination based on 16 grounds and includes harassment provisions.
- Intent: Discrimination's effect matters more than intent; intent to discriminate is not required for a violation.
- Code's Precedence: Prevails over conflicting statutes unless explicitly stated otherwise.
Exemptions from Discrimination Rules
- Special Service Organizations: Must meet specific criteria for exemptions.
- Bona Fide Occupational Qualifications: Justifications permitted under certain conditions.
- Undue Hardship: Employers can defend actions leading to discrimination if undue hardship is demonstrable.
- Affirmative Action Programs: Exemptions apply to promote equality.
Recruitment, Selection, and Hiring
- Protection for Applicants: Discrimination based on any ground affects hiring decisions.
- Job Description Accuracy: Essential duties should be clearly outlined to prevent misrepresentation claims.
- Misrepresentation Consequences: Deceptive claims by candidates can lead to dismissal; minor inaccuracies usually do not.
Common Law Liability Areas
- Negligent Misrepresentation: Employers can face liability if they mislead candidates, influencing their employment choices.
- Inducement: Aggressive recruiting can lead to greater damages if the employee is dismissed later.
- Restrictive Covenants: Limitations on employee competition post-employment; non-compete clauses are mostly prohibited, with exceptions.
Anticipatory Breach of Contract
- Conditions for Claim: Employee must proof an offer was made, accepted, subsequently repudiated, and that damages occurred.
Background Checking
- Negligent Hiring Risks: Failure to verify candidate information can result in employer liability if harm occurs.
- Employment Verification: Particularly crucial for positions demanding specific qualifications; verification measures must be compliant with regulations.
- Informed Consent for Police Checks: Required from candidates; caution advised when using internet searches due to potential inaccuracies.
Types of Employment Relationships
- Definitions: Categories include permanent, temporary, casual, agency/temps, and foreign workers.
- Ontario Employment Statutes: Generally do not differentiate between employee types; temporary workers lack certain termination entitlements.
- EI Eligibility: Requires a specific number of qualifying hours in insurable employment to benefit from Employment Insurance.
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Description
Test your knowledge on the principles of accommodating employees and the legal responsibilities of employers in recruitment and hiring. This quiz covers best practices, application processes, and important legal considerations regarding human rights. Perfect for those studying employment law and human rights in the workplace.
