Pay Equity Legal Compliance

“Equal pay for equal work” is a battle cry that’s been heard for years—but not all employees know that, by law, occupational categories of predominantly men and women must receive equal pay for equal work, otherwise known as pay equity.

Broadly speaking, pay equity laws require employers to provide “equal pay for equal work value” to employees working in the same establishment. These laws are designed to prevent employers from paying certain employees less than others based on discriminatory reasons.

Provincial and federal laws specifically require employers to provide equal pay for equal work. Because pay equity in Ontario is an anti-discriminatory measure, pay equity violations are also prohibited under human rights legislation.

The definition of “equal pay for equal work” depends on the specific law that applies. For example, the Pay Equity Act of Ontario requires women and men to be paid equally for jobs that are different but of equal value to their employer. On the other hand, the Employment Standards Act requires equal pay for men and women performing a job with substantially the same skill, effort, and level of responsibility in the same establishment.

The Ontario Pay Equity Act covers male and female employees who work in female job classes for companies with a staff of 10 or more in the public and private sectors. Full-time and part-time employees are covered by the Act, including seasonal employees. The Ontario Pay Equity Act, however, does not protect students who work during vacations, federal government employees who work in Ontario, as well as employees who work for industry regulated establishments, including banks, airlines, and post offices. If you want to know the details about your pay equity rights, get in touch with our employment lawyers.

If your employer is not paying you equitably, you have several options: in Ontario, you can complain to the Ministry of Labour; you could file a human rights complaint; and you might even be able to sue your employer for constructive dismissal. Contact a Levitt LLP lawyer to discuss your course of action.

Each situation is unique; the right option will depend on your circumstances.

Levitt LLP’s lawyers are experts in employment law in Toronto, the GTA and across Canada.

Our employment lawyers have the knowledge and expertise needed to assess pay equity compliance and to negotiate and litigate issues with pay equity in Ontario. Our lawyers can help you recover the pay that you deserve.

Schedule a consultation today with one of our employment lawyers in Toronto, the GTA or across Canada to learn about your pay equity options.