Answer and submit the following questions (150 word minimum per answer)

a) What are the risks involved with choosing to hire, or not hire Benson?

b) For the risks you have identified in question 1, rate each as high, medium or low.

c) Is the requirement to physically respond to an intruder, evacuation order, or other emergency a bona fide occupational requirement?

d) Do accommodation requirements for Bensen represent undue hardship to MacEwans Residence Services?

e) Would you or would you not hire Benson? Substantiate your position.

In late Nowember 2014, Cint Galoway, the cirector of Residence Services at MacEwen University (MacEwani, in the province of Aberta, Cansda, was about to mike his empioyee seloction for a residence assistant RA pastion. The new hire would replace a vacarcy due to a recent emplayee resignat on. The ful selaction prccess had just canch aded, and one of the Inp candidatos was Wikayla Berson. She and two ather candidates ware deemnd equal in thair coerall qualificatians. Benson was stronger in same regards, but tha othar candidetes were stronger in other arees. These dtfenences were not metenel to the role, 50 al three candidetes could be successtul in the position One significant consideretion wes that Benson used a wheelcheir, which meant that functonal and structurel eccommedetions would be requred tor her. Geloway laaned toward hiring Bengon because of his own personsl values of diversity and inclusive employment. The fact that the Alberta Human Rights Act1 prohibited employment discriminefion on the basis of a dsablity unless a bona fibe occupaticnal requirement was present also helped direct Galcway's thirking \{see Euhbt 1). Howaver, Galeway alsa recognized that his valuas af inclusinenass and aflirmatioe action could lesd him toward several icsuas: (a) engaging in reserse dscrimination for the ather candidales, ith) minimizng the need in hire an RA that coukd fully respond to an emergency situation, and (c) making a chaice that unnocessariby incrnased his suparwisory load Chousing the ather candidales meant that Galbway would not need to warry aboul ther physical capacity la respend in entergency silustiens. He wauld aso aroid polenlial negaline resctions from his team or student clents regarding warking with a parson with deablitias. MacFwan's human resaurcas vsian a,pesared to be silent an tha mattar af divnrsty and ncisive employment. which was of little hep to Gellowxy. Wenting to make a nght and respensible choice, and recogeving that preventing, mnimzing, and solving problems wes one of his responsibities, Geloway begen work on his task. He reviewed sianels from legislation, his velues, and the orgenzebor's prectices, and then dratled a Ist of problems that could arise from hiring and from not hiring Benson. RESIDENCE SERVICES Organizatonal Ovarview MacEwan's Residence Services had affered apariment-style ecrommedations since 2 Lo5. The 13-storny struct.re had three wngs, housed up ta 878 students in varicus reom contigurations, and contaned several common enterainment or social rooms plus emenitias. Unt rental retas ranjed trom USS4, D002 to $5,503 per term, depending on the room configuration (bechelor, two-bedrocm. or four bedroomi. In addition to the core deliverable service-eccommodation-Residence Services worked to hep students experience an intelectually and sccialy stimulabig enviroment that supported academic achievement, personal development, and heathy lifestyla praclices To operete the buiding and delher mssion-fultiling progrems and services, Residence Services ma niained a workforce of epproximately 50 posnons. Seven of these positions ie.9. director, accounting techrician, and housing coordinator) were permanent and supported the overal direction and bng-term functioning of Residence Services. These roles were perfarmed by nen-stutent employees. The remaning posilions were lemporay ie.f., RA, residence programmer, and front desk attendanti, and were perfonned by student amplogees (see Exibt 2) Directar of Residence Services Galowey joined Residence Services as director in 2006 . He hed eight years of related experience in supporting students in acedemic and residential envrorments. Geloway blso held a mester's degree in student affirs in hiver educaton. Gelloway strongy beleved in an inclushe society and found it easy to create ooporturities for obers to become involved in work silustions, social activies, or persorial connections. Orer the previous few years. Galoway hed created several customized jobs in Residence Services trat eriabled students wilt mare challenging deabiities (e g. cerebral palsy and autiem) to oblain part-fime paid work experiance. Those amployees were stpparkard by job cosches provided tyy a thirdparty agency Tha jab dutias were typeally related to fling and data administration, and were pertomod in the hack othcn When Galnway hired his staff ha baknd for paople who could pertorm ettecthely in their role end meke strong contributions to the welcoming and emponermo culture of Residence Services. Residence Assistant Position. The RA postion reported to the resident life coondinator and was criented to the folbwng visian: "To provide en exceptional student expenence, wthn which en indivdual will tenl heerd, velued, respected, and supported. We televe that eny person who waks through the doors of NacEwan University Residence deserves a postbve expenience and an opportunity to engage in their oan personsl growth and development" (See Exhibit 3). The job description also noted that the RA wes respcnsible for providing "a diverse and comprehensve residence program in Edmenton, Aberta, wiere residents will gain the necessary skils to enhance themselves, their peers, and cverall community, wrich are essential camponerls of their present and fulure success" (see Extitzil 3) As part of this role, the RA was mainly expected to create and deliser programs and act as early intervener for foor issues and emeroencias. 2 Al currency amounts are in US3 unless atherwise specifed. As a postion with authority in residence the Res woudd be seen as a scurce of statilly for students, capable of resolving cenfict and respondng to student cancenns and faciity emergencios. This position required appreximately 1520 haurs af servee par week to perform to satisiactary leveds and have mearingful impact but the wark wes not formelly scheduled Rether, the fi acted or sened when progrems were otlered or student support needs arose. Ras ined in the residence and were guen discounts on their accommodations es part of their compensation. In the second year of employment. RAs were add tionaly provided a smell monthly stpend EMPLOYEE SELECTICN Selaction Frocess Cardidates for the posilion were salicited through notica bosrds in the residence common aress and an the MacEwan corporake wetssite. Advertsements oullned the kery duties of the role, including (a) sarving as a rala modal and hniping studants adjust in unbersity life (b) documenting any incidants and violstions (but not assnssng sanctions), and (c) shanng responsiolity for builing security. Adcitionely, the edvertisement noted that training would be provided for eil job dutias, indudry peer counseling. mediation, first aid, ledership, and more. Postions within Residence Services were nomaly eppointed through a competitive process Occasionaly non-competitue appontments were mede for reascns of operehonal effectiveness (e. q., reepointments after term completions) end socialy inclus we reesons (eg., job development ogportunities for persons with developmental disabities) Residence Services strove to buid a workforce that reflected the stucent community it served, but in did not have an ective or prescriptive diversity policy to uphold. The vision end mission of MacEwan's hurrin resources focused on the mperlance of developing a chalenging, tiverse, and fulriling warkpiace buill on qualicy and engaged staff \{see Exhbit 4). The selection process for the RA position typicelly noolved the folowing steps: - Initial screening of resume applications by the selection teem + Invted intervews, which followed an approech of rotation through muliple stations, wth eech station heving an essigned selecton team member end topic - Reference chacks with a prics employer by a member of tha selectian toam - Cermunication of top candidates by the selection team to the director of Residence Services - Ofler preseritation to the seleded candidale and regutiaticn by the drecler of Residence Services: The volume of epglicaticns for the RA posicon varied from cne posting to the next, but commonly 30-50 epplcants received initiel consideration, and 10-15 were seriously considered. Typically, five Resibence Services stall members were invclved in the selection process; scmelimes, a hurian resources represertstive was also irvobed. The final selestion decison was mabe tyy the diredor, infurmed thy the input from olher process particjpants The selection process usuelly tock plece during the winter monthsoNNonember to Februecyh with orientation and emplogment for the neat academic year beginning in late summer. The timing was plarned to secure the RA before the break lor the spring and sumner manths when mary students bfl the campus. At the same lime any inmediale vacancies ware filed ta replaca RAs who resigned fram Residence Servicas after the fall samester. Tha FA's roln was flexke and somewhat dapendent an the characterstics af both the incumbent and the students beng served. Occasionally, Fias decided that the position was not whet they had ensisioned and chose not to contrue or campiete ther assignment. Aenson applied tor a position that started in Jenuery 2015. The number of RA postions was relatively consistant at about 17 annually. This was possible bacause occupancy rates wern fairly static during the main education semesters dfall and winter) and 17 RAs prowided suiteble coverape for the students, at one or wo RAs per flocr. The number of RAs that needed to be hired thet year was forecasted at nine pecole; the actual number hired depended on the return rate of pricr year RAs. Based on the ratural retention cycle, abaut 50 per cent of Ras returned for a second sat of semesters; same Russ exited eerty, after one semaster of service; and some RAs stayed on for a second or third ecademic year. The employment cycle of RAs ganerelly worked well for Residence Services. It supported consistency and maturing of the RAs, whle accommodatiog students flexible and evolving employment interests. Seloction Cansiderations The RA rola carred significant respansitilty and authanty to help suppart the wel-twing of students and maintain the quality, safely, and positive eaperence of residence life. When making a salection decision, the director of Residence Services weighed a number of considerations, including the folosing three requirements: - The cendidete's competency and personel suitabily to deveiop end delver programming and to engage meaningtuly with student residents je.g., leedershig ablity and listening skilsi - The cendideta's capecity for issues management, to help address or deter various presentations of ham to student residents (e. a.. unsela ectivitias or exuberant partias) - The cendideta's ememancy response cepacty, to help student residents respend aporopr ately to dangars [eg., intruders, assaults, or tire or ememency evecuation] In terms of frequency of everts, the RA was most commonly caled upon to use professionel abilities for deliverirg programming and connecting with student res idents. Occas onally, the manegement of issues was called upon, and more farely, emergency response actions were neaded. However, in preceding years, events at ather universices and student residences suggested that safety and wei-being were incrasing and serious concems 3 Fortunately at MacEwan's studant residences there hed cnly been minor issues and no significant emergencies or intrusions, but the probeblity seemed to be incressing esch year. Therefore, the director had to be cognizant of al three elements of the RA role and of the consequences of failure or nonaperformance IBIMINENT DECISION Gelloway was et a cleer decsion point. The other members of the selection process agreed that eenson hed the competences and personal queities recessary to pertom the mejor portions of the Ra position. However, Galoway needed to strongly consider whether Benscn had the capecity to act effectively in an emergancy situation or deter an intruder. That is, could she pariarm the complete job? Galowey atso wondered if his duly to accommodate was outwaighed by bane fide occupetonal requirements In additon, Galcway was balancing his cwn procivities towarts inclusive employment with a sense of corporafe responsibity If Eensen beceme an fa, Geloway would need to authorize several renovation projects to ensure that the office was completely accessible to Benson and her wheelchair. He would slso need to modry some of the job duties so thet thay cauld be completed from a sitting pceition. The structural accommodations woukd require approximalaly $3000 is complete, and the functional accommodations would require the co-cperation of a partier Ra from bime to tme. The funding for the accommodations woild need to come from a general operating eccount because no specific budjet wes allocated for such an accommedation. In addion to direct accommodations for Benson, there was a potential impect on the day-ka-day work of the general team and stucent residents. The Ras needed to interact and work. clasely wth other R/s and students on lfe and persenal growith issues, so Galkway alsa neacod to acknowladga the potent al far gains and lceses in terms of team and service dynamics. The selaction panel had identifed Benson es a suitabie canddate, but the fnal decision and accountability to otler employment was his. However, he had to dec de quickly. The candidate needed to be hred and afiented in the next two weeks - before the final exam pericd and the start of the christmas break-if the new RA was to be in place for the next. semester. The decision to hire or not to hire Bensan rested on Gellaway EXHIEIT 1: ALBERTA HUMAN RIGHTS ACT (EXCERPT) Decrimination re emplayment practices 7 (1) No emplayer shall (a) ref use to employ or refuse to continue to employ any person, or (b) discriminate egainst any person with regard to employment or any term or conciticn of emplogment, because of tha race, religious beliefs, colour, gender, gender identity gender experssion, physical disability, mental disabilty, ega, ancestry, place of ongn, maritel status, source of income, family status or sexusl orientation of that person or of any other person. (2) Subsection (1) as it relates to age and mental status does not affect the operation of any bons fide retirement or pension plan or the temris or conditions of any bone fide group or employee insurance plan. (3) Subection (1) does not apply with respoct to a refusal, limitation, spocificaton ce preference based on a bona fite occupatianal requirement. EXHIEIT 2. MACEWAN UNIERSITY RESIDENCE SERVICES, ORGANIZATION CHART EXHIEIT 3: RESIDENCE ASSISTANT (RA) POSITION DESCRIPTION Reports to: Residence Life Coordinator (RLC) Department: MacEwan University Residence Services CLEAR EYES. FULL HEARTS. CANT LOSE. MacEwan Universty Residence Life's missicn is to provide a diversa and comprehensive residence program in Edmorton, Aberta, whera rasidents will gain the nacessary skills to enhance themselves, their peers, and overal community. which are essential components of their present and future success. We hope to achieve this by woriong collaboratwely with students, faculty, staft, and MacEwan campus parthers in creating an engaging and inclusive environment that encourages and provides its members with opportunities to grow into positive and successful global cizens and leaders. Our vison is to provide an exceptional student experience, within which an individual wil feel heard, valued, respected, and supperted Wie belinus that any person whe walks through the doors of MacEwan Univers ty Residence deserves a positwe experience and an opportunity to engage in ther own personal growth and deveiopment. ROLE 1. Foster an atmosphe-e in residence that ceales opporturitios for communty buikding 2 Develop and faclitate programs that address the needs of the fioor and support the programming madel sol cul by Residenca Servicas. 3 Facilitate a secure fcundation for student transition and gronth into University life. 4 Ensure that residenee polcies are upheld and raspond to policy violations and emergencies as thay arise. 5. Meintain coen communication and manege administrative duties. 6. Act as a role model of respect for self, others, and the community