ABSTRACT
The aim of Ontario’s legislation is far from unique. What differentiates it from legislation in the UK and in the rest of Europe is the method chosen to achieve that aim. Rather than ... leaving it to individual employees to complain of perceived wage inequalities, the Act goes a step further and obliges employers to take the initiative in eliminating sex-based wage differentials. Employers are required to determine the relative value of female and male ‘job classes’ within each ‘establishment’ and to correct any disparity between female and male job classes of equal or comparable value, unless the disparity is shown to result from one of a number of permissible factors, such as a formal non-discriminatory seniority system or a skills shortage in a particular area. A ‘job class’ is defined as ‘those positions ... that have similar duties and responsibilities and require similar qualifications, are filled by similar recruiting procedures, and have the same compensation schedule, salary grade or range of salary grades’. A job class is ‘female’ where 60% or more of its incumbents are female or where it has been designated ‘female’ by the employer, through collective bargaining or by the Pay Equity Commission. Gender predominance may also be determined by reference to the historical incumbency and gender stereotype of work ...
