THE SIGNIFICANCE OF THE EQUAL PAY ACT IN CANADA

The equal pay act is the beacon of hope to overcome income inequality based on gender. This act protects men, women and the gender diverse. Though the act has helped in some ways the disparity continues to exist. If you aren’t receiving as much as your male counterpart, then you should consult an Employment Lawyer Toronto who will help you fight for the rightly deserved equal pay.

Equal Pay Act Canada:

People performing similar or the same task should receive the same pay. For discrimination based on sex, the work performed doesn’t have to be identical but needs to be ‘substantially the same’. Conditions of skill, effort, responsibility and similar working conditions, must be substantially the same for the Equal pay for Equal work to apply. What is considered is the work that you perform and not what has been designated to you or given in your job description.

Same Location:

At times unequal pay is disguised at different locations by the employers. Hence, offices in the same municipality are considered to be a single establishment, so the pay must be equal. For this bumping rights are considered which looks at the chances of the transfer of employees between different locations of the business.

Similar Skill, effort, responsibility and working condition:

To be able to claim equal pay, it must be proven that your job and the compared job require substantially the same amount of skill, effort and responsibility. Several factors have to be compared like years of experience, educational levels, additional or specific training, physical and mental ability, oversight over others, the authority to make decisions and location and conditions of work. There is not an exhaustive list your employment lawyer will be able to tell you where you truly stand with your claim.

Pay Equity Act:

Apart from the federally operating Equal Pay for Equal work, there is a Pay Equity Act which applies to all the private employers who have more than 10 employees and are all public sector employees. The Act looks at whether the work done is of the same value or not. Work across different job classes are compared, as it addresses the complaint that the work done traditionally by women is undervalued when compared to other jobs.

How can we help?

Gender continues to be the basis of pay discrimination even in the 21st century. There are many complex laws regarding this. Consulting an employment lawyer would help you to identify the problem and get the pay that you deserve. Our lawyers are empathetic and would listen to you with an open mind and give you practical advice and help you fight for your right without jeopardizing your career.