For the last several months, in partnership with Ontario’s Pay Equity Office, we’ve been exploring various aspects of pay equity. We’ve covered topics ranging from the origins and reasons behind pay equity, the differences between equity and equality, to how your retirement can be impacted. But just because you now understand the pay equity system in theory doesn’t mean you know how to navigate it in practice.
For example, I know in theory how a car engine works, but that doesn’t mean I can rebuild a transmission. To do that, I would need someone to guide me through the steps. Similarly, understanding pay equity requires practical knowledge and guidance to navigate the system effectively. So that’s what we’re focusing on today: providing you with the tools and guidance to navigate the pay equity system so that it works for you.
Ontario’s Legislative Landscape
Thankfully, Ontario boasts one of the most robust legislative frameworks in Canada, protecting employees from various forms of workplace discrimination. These frameworks include the Employment Standards Act, the Ontario Human Rights Code, the Pay Equity Act, and the emerging pay transparency legislation. Each of these policies works together to address discrimination in different ways, ensuring a comprehensive approach to workplace equality.
Key Legislation Explained
Employment Standards Act
The Employment Standards Act mandates that all employees, regardless of gender or race, receive equal pay for equal work. This means that if two people are performing the same job or substantially similar jobs requiring the same skill, effort, and responsibility, they must be paid equally. Exceptions exist for tenure, educational attainment, and performance-based pay.
Ontario Human Rights Code
The Ontario Human Rights Code protects employees from discrimination based on numerous criteria, including race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, disability, age, marital status, family status, or record of offenses. This extensive protection ensures that all forms of workplace discrimination are addressed.
Pay Equity Act
The Pay Equity Act focuses on equal pay for work of equal value. This act aims to eliminate gender-based pay discrimination by ensuring that jobs typically performed by women are valued and compensated equally to jobs typically performed by men.
Pay Transparency Legislation
Pay transparency is an emerging tool that requires employers to disclose pay ranges. This transparency helps marginalized groups understand the value of their work and negotiate fair pay.
How the Rest of the Country Stacks Up
Ontario’s legislative framework for pay equity is the most comprehensive in Canada, with multiple pieces of legislation working together to protect employees. Every province and territory in Canada has a human rights code that addresses sex-based discrimination. However, the extent of additional protections varies. Provinces like Manitoba, Nova Scotia, New Brunswick, and PEI have pay equity legislation, but it often only applies to the public sector. In contrast, Ontario and Quebec extend pay equity protections to the private sector as well.
How To Navigate Pay Equity in Ontario
Understanding your rights and the resources available to you is crucial in navigating pay equity issues effectively.
Pay Equity Resources for Employees
- Filing a Complaint If you believe you’re not being paid equitably, you can file a complaint with the Pay Equity Office. This can be done by filling out an “Application for Review Services” form and submitting it to PayEquityComplaint@ontario.ca. The form can be completed online, by mail, or in person. Anonymous complaints are also accepted through an appointed agent.
- Understanding Your Job Class Employees have the right to inquire about the gender predominance of their job class. This information can be obtained from your immediate supervisor, HR department, or bargaining agent if you are unionized.
- Human Rights Tribunal For issues related to broader employment discrimination, employees can file a complaint with the Human Rights Tribunal of Ontario. This process is accessible and includes steps like mediation and formal hearings to resolve issues.
- Employment Standards Act Claims Concerns related to equal pay for equal work can be addressed by filing a claim with the Ministry of Labour. The process involves gathering information, submitting a complaint, and undergoing an investigation by an Employment Standards Officer.
Pay Equity Resources for Employers
- Compliance Guidance The Pay Equity Office provides resources to help employers comply with the Pay Equity Act. This includes detailed guidelines and support to ensure that employers understand their obligations and maintain alignment with the law.
- Employer Obligations Employers are required to provide employees with relevant pay equity information, such as job ratings, job value, job rates, and male comparators. Employers must also inform employees if they are owed pay equity adjustments and how these adjustments are calculated.
- Education and Training The Pay Equity Office offers educational resources tailored to employers, helping them understand the legal requirements and best practices for achieving and maintaining pay equity in their organizations.
- Investigation and Compliance If an employer is found to be out of compliance, the Pay Equity Office can order them to make necessary adjustments, including retroactive pay equity adjustments. Employers are also protected from penalizing employees who file complaints or inquire about pay equity processes.
By utilizing these resources, both employees and employers can better navigate the complexities of pay equity and work towards a more equitable workplace.
For more detailed information and access to these resources, visit the Ontario Pay Equity Office website.
Empowering Yourself with Knowledge
Understanding the legislative landscape and your rights as an employee or an employer is crucial. The Ontario Pay Equity Office offers a wealth of resources to help both educate themselves about pay equity. Their website is user-friendly, with specific sections for those who work in Ontario and those who hire in Ontario, providing tailored information for each group.
Stay Informed and Spread the Word
Being a woman in 2024 can be exhausting. With fires to put out on multiple fronts, it’s easy to feel defeated. But there are systems in place to help us. Use them, and more importantly, spread the word. Many aren’t aware of the resources available to them. By sharing information and staying informed, we can work together to build a more equitable future for everyone. The women who come after us will be grateful we did.
DISCLOSURE: THIS ARTICLE IS THE FIFTH IN A THOUGHT-PROVOKING 6-PART SERIES BROUGHT TO YOU IN PARTNERSHIP WITH THE PAY EQUITY OFFICE OF ONTARIO. AS PART OF THIS COLLABORATION, I AM BEING COMPENSATED FOR MY EFFORTS TO SHED LIGHT ON THE CRUCIAL ISSUES SURROUNDING PAY EQUITY AND TO CONTRIBUTE TO THE BROADER CONVERSATION ON ACHIEVING GENDER EQUALITY IN THE WORKPLACE.