These initiatives, coupled with pending legislative. More specifically, it seeks to correct the conditions of disadvantage in employment experienced by women, aboriginal peoples. Canada s unions welcome measures in mondays federal budget implementation act that provide important progress for working people, including plans to achieve pay equity, provide paid domestic violence leave, protect workers during contract retendering, and otherwise elevate canada s labour standards. Refer to the pay equity act for exact interpretation.
Amendments to quebecs pay equity act require most employers to create a pay equity audit committee or consult with employees on the pay equity audit results. Employment equity, as defined in federal canadian law by the employment equity act, requires federal jurisdiction employers to engage in proactive employment practices to increase the representation of four designated groups. Citizens are protected from discrimination in matters of employment and the provision of accommodation and public services. Example of a pay equity plan amended for proportional value. This means it creates a duty to accommodate members of affected groups. Colorados new pay equity law takes effect in 2021 mercer.
Robert anderson, thomas gelbman and benjamin pullen i. This term refers to the concept of equal pay for work of equal value, and allows for different jobs within an establishment. Determine if discriminatory treatment exists in the compensation of femaledominated job classes when compared to maledominated job classes of similar value. Employers obligations under the pay equity act a reminder of the obligations under the pay equity act for all employers annual calculation of the size of the enterprise all employers must calculate the size of their enterprise annually, as long as it does not have an average of 10 employees or more. Information sheet a printable pdf version of this information sheet is available the alberta human rights act the act prohibits discrimination based on the ground of gender section 61 of the act states. Mar 07, 2018 uk passed the equal pay act in 1970 specifically to address gender pay disparity.
Her majesty, by and with the advice and consent of the senate and house of commons of canada, enacts as follows. On the other hand, the three westernmost provinces british columbia, alberta, and saskatchewan have pay equality legislation but no pay equity legislation. All elements of compensation are included in the comparison between male and female job classes including incentives, perquisites, pensions, and health benefits. Enacted by section 416 of chapter 27 of the statutes of canada. The pay equity act and its regulations can be found on the province of ontarios elaws website. After two years of consultations, the legislature passed the 1987 pay equity act, effective january 1, 1988. The legislations goal of equal pay for work of equal value remains applicable to all public and private sector employers in the province of quebec with 10 or more employees. Canada embraces diversity, and it backs up that stance with legislation. If you are a business in ontario, there are regulations governing the fair and equitable payment of both genders within your business concerning the same performed activities. Federal laws fall under the canadian human rights act and the employment equity act. The gap between policy and practice article pdf available in international journal of. This act applies to a the crown in right of manitoba. After the pay equity plans are in place, the act provides that pay equity must be. Gives a right to equal pay for employees doing equal work.
The canadian experience with employment equity legislation. Ontarios pay equity act is proactive rather than merely complaintsbased and covers nearly. Similar to the ontario and quebec provincial systems, the plans purpose will be to identify all job classes in the workplace, determine the gender predominance of those job. Pay equity for federal public servants the canadian. This act helps to ensure that all canadians have equal access to the labour market, and are not denied employment opportunities or benefits for reasons unrelated to ability. Depending on how you calculate the gender wage gap, you can calculate womens lifetime earnings compared to mens. The ministry of labour, training and skills development advances safe, fair and harmonious workplace practices that are essential to the social and economic well. We can help you navigate through this new legislation by starting with a brief history, highlights, compliance issues, potential impact on your organization, and. Financial administration act faa employment equity act eea and regulations.
It is also relevant to employees, equity practitioners and unions. Uk passed the equal pay act in 1970 specifically to address gender pay disparity. An overview of pay equity in various canadian jurisdictions. Equal pay for comparable work mepa generally provides that no employer shall discriminate in any way on the basis of gender in the payment of wages, or pay any person in its employ a salary or wage rate less than the rates paid. National committee on pay equity celebrates its 10th anniversary, now has 120. Timeline of human rights development in canada key 9. An employer shall enable employees to take part in the establishment of a pay equity plan by setting. The act is a natural extension of the 1963 equal pay act, which is limited to sexbased discrimination in the same jobs. Employment equity act 1996 the new employment equity act, received royal assent on december 15, 1995. The new act provides for the powers, duties and functions of a pay equity commissioner, which include facilitating the resolution of disputes, conducting compliance audits and investigating disputes, objections and complaints, as well as making orders and imposing administrative monetary penalties for violations of that act. By compensating workers for the fair value of their work, the fair pay act can help businesses recruit and retain the bestqualified workers. The ontario pay equity act was introduced in 1987, and was the first important step to recognizing the value of womens work and eliminating discrimination. Pdf canadas employment equity legislation and policy. The objects and purposes of the pay equity act pea are set out in section 2.
Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. Equal pay for equal work act colorado general assembly. Act current to 20200116 and last amended on 20171212. Get access to your collective agreement, component and regional office information. Jun 22, 2018 quebecs pay equity act applies to public and private employers with 10 or more employees, and the 1996 version of the act created a continuous obligation on employers to monitor pay equity and to make adjustments to wages to achieve it. Kennedy signed the equal pay law into effect, overcoming opposition from business leaders and the u. In 1996, the legislature repealed the proxy provisions of the act s. A description follows of provinciallevel initiatives in ontario,where. Pay equity is not the same thing as equal pay, which refers to the simpler concept of. Employment equity has a different definition from nondiscrimination per the employment equity act. Pay equity is a human right found in section 11 of the canadian human rights act.
The amendments require that the proportional value comparison method be applied to all female job classes that could not achieve pay equity using the jobtojob comparison method. Equal pay relates to the full range of payments and benefits, including basic pay, nonsalary payments, bonuses and allowances. This decision clearly states that pay inequities based on gender are a violation of womens rights under section 15 of the charter of rights and freedoms, said psac national president chris aylward. What is the longterm impact of the wage gap in canada. The program is built around education and promotion services that have been developed to help employers meet their pay equity obligations and to effectively react in the case of noncompliance. Federally regulated employers in canada face new pay equity. Equity act requires that employers remove barriers to the workplace for women, aboriginal people, members of visible minorities, and people with disabilities. Article pdf available in canadian public policy 242. Public service staff relations act pssra treasury board publications. Borrowed from the civil law doctrine of compensation,1 the english chancery courts adopted the equitable doctrine of setoff, which was then known asstoppage. A group of positions with the same or similar job duties, qualifications and same pay schedule. Submit an expense claim for any psac related travel expenses. The legislation states that employment equity means more than treating persons in the same way because it requires special measures and the accommodation of. Rectify their compensation if such practices should exist.
History of pay equity advocacy in ontario equal pay coalition. Employment and social development canada backgrounder. Pay equity and the role of law in narrowing canadas gender. For example, in ontario, pay equality is guaranteed through the ontario employment standards act while pay equity is guaranteed through the ontario pay equity act. The alberta human rights act the act prohibits discrimination based on the ground of gender. A changing landscape and increasing scrutiny of ontario employers. Quebec modifies audit process under the pay equity act. Pay equity is the principle, or the compensation practice, that recognizes that workers who perform not identical or similar work work of equal value should be paid equally.
Pay equity sex and race bills for federal employees introduced in congress. Where employees of both sexes perform the same or substantially similar work for an employer in an establishment the employer shall pay the employees at the same rate of pay. The act and its regulations subsequently came into force on october 24, 1996 creating a new legislative framework for employment equity that governs both private and public sector employers under federal jurisdiction. If you have a legitimate pay equity concern, you can consider filing a complaint with the canadian human rights commission.
After the pay equity plans are in place, the act provides that pay equity must be maintained, that is the employer must maintain compensation practices that provide for pay equity and not allow the compensation gap to widen again. Pay equity commissioner means the pay equity commissioner appointed under subsection 261 of the canadian human rights act. Employment equity, a term originating with the employment equity act of 1986,is a concept roughly analogous to affirmative action in the united states. A case for canadian pay equity reform abstract pay equity must be separated from collective bargaining. What employers need to know about canadas human rights act. It contains essential equal remuneration principles, explanatory material, case law, case studies and an equal remuneration audit. An examination of the history of fair pay in unionized workplacesand the current legal remedies available for pay discriminationprove that the current strategies to remedy the significant gender pay gap are unsuccessful.
There has been no evidence of job loss associated with any pay equity. Public service employment act psea and regulations. In a unionized workplace, the pay equity adjustments required by a pay equity plan shall be incorporated into and form part of the relevant collective agreements. The act requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. Ontarios pay equity commission recently published an interpretative guide designed to help employers understand their obligations under the pay equity act. An overview of pay equity in various canadian jurisdictions 2018. Enacted by section 416 of chapter 27 of the statutes of canada, 2018, not in force.
National committee on pay equity celebrates its 10th anniversary, now has 120 organizational members. In canada, the wage gap between men and women is increasing. Pdf purpose the purpose of this paper is to examine the evolution. Employment and pay equity in canada semantic scholar. National legislation was finally passed in 1963, when john f. Including public servants who work for certain external agencies and crown entities job classes. Within three years of the new act coming into force, or becoming applicable, the committee will be required to develop and post a pay equity plan. Labour canada does not determine pay equity compliance nor has the authority to accept pay equity complaints. No employer, certified association, bargaining agent appointed under the act respecting the process of negotiation of the collective agreements in the public and parapublic sectors chapter r8. It also allows for officers and employees that support the commissioner to be referred to as the pay equity unit. Starting january 1, 2021, colorados equal pay for equal work act sb 19085 will prohibit all employers from discriminating because of sex including gender identity alone or with another protected status by paying less for substantially similar work in terms of skill, effort and responsibility. The goal of the pay equity program is to eliminate genderbased wage discrimination in the federally regulated sector. The ontario act is considered as having the broadest scope of coverage of pay equity legislation, not only in canada but in north america. The equal pay handbook is designed to assist employers to meet their obligations under federal industrial and antidiscrimination legislation.
Which employers must comply with the pay equity act. Signed by president kennedy in 1963 as an amendment to the fair labor standards act, the law. Human rights are also defended at the provincial level by. Employees and their unions could enforce these obligations via a complaints process to the pay equity. A proactive pay equity law, such as that in ontario, will force employers to make more. The purpose of this paper is to evaluate issues in the implementation of pay equity, based on the experience of ontario. Answering the biggest questions 3 new yorks new law approaches reach of californias the new york law will not be quite as far reaching as the california fair pay act, yet will nevertheless demand meaningful changes from employers with new yorkbased employees. The act permits parties to amend pay equity plans in response to changed circumstances. The law will take effect on a date fixed by order of the governor in council. Fair pay for employees can lead to greater productivity by raising morale among workers who expect to receive fair pay for their work.
Where employees of both sexes perform the same or substantially similar work for an employer in an establishment the employer shall pay. An act respecting employment equity her majesty, by and with the advice and consent of the senate and house of commons of canada, enacts as follows. March 2003 labour committee on canadian labour history. Equal pay handbook australian human rights commission. The initial complaint was first filed by the public service alliance of canada in 1983 on behalf of 2,300 female dominated clerical worker job classes, arguing that they were doing comparable. The supreme court of canada has confirmed that sections in quebecs pay equity law reinforce pay discrimination and are unconstitutional. The pay equity act makes amendments to the canadian human rights act which establishes the pay equity commissioner as a member of the canadian human rights commission. No, for decades now, the california equal pay act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work. Gap report 2017 december 2017 last visited, at 112 online pdf. Thelegislative history of employment equity in canada is discussed, including theevents leading to the passing of revised legislation, the employment equityact of 1995. The service employees international union challenged the repeal before the ontario.
The program is built around education and promotion services that have been developed to help employers meet their pay equity obligations and to effectively react in the case of noncompliance the labour program also undertakes additional activities, such. These employers must comply with all requirements of the new act by. While cupe has had successes in collective bargaining with individual employers, we have not been able to close the genderbased wage gap in many of our sectors. The case for promoting equity in developing countries 19 4. The act states that employment equity means more than treating persons. The liberal government has announced proactive pay equity legislation that it says is designed to ensure that women and men receive equal pay for work of equal value.
Pay equity cases and their outcomes hci consulting. Canadas employment equity legislation and policy, 19872000. An act to establish a proactive pay equity regime within the federal public and private sectors. The employment equity act is federal legislation, and as such, applies only to a narrow group of industries that are federally regulated under the canadian constitution.
The new legislation an act to establish a proactive pay equity regime within the federal public and private sectors pay equity act and the proposed amendments to the canadian human rights act chra and the parliamentary employment and staff relations act. Learn more about pay equity in various canadian jurisdictions. Pay equity officers have significant powers and can issue pay equity orders requiring organizations to comply within short timelines. Quebec pay equity legislation was first introduced in 1996 to address compensation inequities due to systemic gender discrimination against predominantly female job classes. News your provincial authority on ontario pay equity. Participation of employees in pay equity committee 16.
Employers subject to part ii of the act who were required or chose to post a pay equity plan were allowed to phase in pay equity adjustments by set deadlines in an amount that is not less than the lesser of either 1% of the employers total ontario payroll costs of the previous year, or the amount required to achieve pay equity section. August 15, 2017 as part of the 30 th anniversary of the pay equity act act, the pay equity office has implemented several new initiatives in 2017 in support of its mandate to administer and enforce the act. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Federally regulated employers in canada will need to develop a proactive pay equity plan and face new requirements related to leave and other employment protection under a new pay equity law. The new legislation an act to establish a proactive pay equity regime within the federal public and private sectors pay equity act and the proposed amendments to the canadian human rights act chra and the parliamentary employment and staff relations act pesra will bring about a dramatic shift in how the right to pay equity is protected in federally regulated workplaces. Introduced in 1987, the pay equity act s stated purpose is to redress systemic gender discrimination in compensation for work performed by employees in female job classes.
Introduced in 1987, the pay equity acts stated purpose is to redress systemic gender discrimination in compensation for work performed by employees in female job classes. This act may be cited as the employment equity act. Pdf canadas bold experiment with pay equity researchgate. The canadian government and provincial governments have enacted various forms of legislation and. Employment equity act the professional institute of the. Establish pay equity, amends the massachusetts equal pay act, m. For enforcement purposes, the fair pay act allows class action lawsuits to be filed and provides for compensatory and punitive damages. Defined as like work, work rated as equivalent or work of equal value. March 1949 wartime restrictions and the war measures act are ended. The treasury board of canada secretariat periodically publishes guidelines and tools for use by departments in the implementation of. The equal pay act is a labor law that prohibits genderbased wage discrimination in the united states.
469 1656 104 1130 604 1472 1331 1391 1483 287 455 479 540 475 55 732 1519 493 784 477 1541 78 1179 735 176 383 137 451 1653 194 60 480 1187 321 1351 520 685 1497 1328 678 38