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Legal Guide


Pay equity should not be confused with “equal pay for equal work” or with “employment equity”, the latter being legislation for large federal employers or contractors designed to break down barriers in the employment of women, persons with disabilities and visible minorities. By contrast, pay equity requires equal pay for women who perform equal work of equal value, or of comparable worth, to work typically performed by men, even though in an entirely different classification. In Ontario and Quebec, such legislation requires that to identify inequities and to work towards pay equity, an employer must use a gender-neutral job evaluation system and, if inequities are identified, to gradually advance the wages of the underpaid predominantly female classification until pay equity is achieved. Although the Ontario Pay Equity Act phases in compliance requirements, new employers in Ontario with more than 10 employees are immediately bound. In Quebec, the Pay Equity Act only applies to employers with at least 10 employees. British Columbia and Alberta do not yet have separate pay equity legislation; however, there is a pay equity provision in 5.6 of the Alberta Human Rights Act which states that 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. In Alberta, the prohibition against discrimination on the basis of gender serves to prohibit systemic gender-based or race-based pay inequity. (Note there is a pay equity provision at 5.6 of the AHRA).

Additional posts from the blog

Nov

12

Canada’s Anti-Spam Law – New Guidance on Offering Apps, Software

by Margot Patterson

CASL also prohibits installing a “computer program” – including an app, widget, software, or other executable data – on a computer system (e.g. computer, device) unless the program is installed with consent and complies with disclosure requirements. The provisions in CASL related to the installation of computer programs will come into force on January 15, 2015.

May

02

Environment Canada issues Hydrofluorocarbon reporting requirement

by Nalin Sahni

On April 7, 2014, the Minister of the Environment issued a Notice with respect to hydrofluorocarbons (the “Notice”), pursuant to the Canadian Environmental Protection Act, 1999. The Notice imposes reporting requirements on those who imported, exported, or manufactured certain hydrofluorocarbons (“HFCs”) from 2008 and 2012. A non-exhaustive list of HFCs subject to these reporting requirements can be found in Schedule 1 of the Notice.

Apr

17

“Oh, what a tangled web we weave when first we practice to deceive.”

by Andy Pushalik

In an interesting decision, the Human Rights Tribunal of Ontario has ruled that an employer is not liable for discriminatory and harassing texts sent by a rogue employee to another of its workers.



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