Pay Equity Resources
Last week, the Supreme Court ruled unanimously in a landmark pay equity decision that pilots, flight attendants and mechanics of Air Canada and Canadian Airlines are in the same "establishment" for the purposes of pay equity wage comparisons under s. 11 of the Canadian Human Rights Act and s. 10 of the Equal Wage Guidelines, 1986, SOR/86-1082.
The 7-0 ruling could speed up the resolution of other pay equity disputes at federally regulated organizations. Cases often take more than a decade to be concluded.
In 1991 and 1992, the Canadian Union of Public Employees (CUPE) filed complaints with the Canadian Human Rights Commission against Air Canada and Canadian Airlines International Ltd. The union alleged wage discrimination against the predominately female flight attendants as compared to two predominately male employee groups – pilots and ground crews.
Under s. 11 of the Canadian Human Rights Act, it is a discriminatory for an employer to pay different wages to male and female employees employed in the same "establishment" who are performing work of equal value. The Equal Wages Guidelines, 1986, adopted under the Act, state that employees of an establishment include all employees subject to a "common personnel and wage policy."
The employer had been arguing that each group is covered under a different collective agreement, so the wage comparison should not be made.
The Court criticized Air Canada for having dragged the case out for 15 years in front of human rights panels and federal courts. The Court said narrow technical interpretations of legislation could "sterilize human rights laws and defeat their very purpose."
The Supreme Court ordered that the matter be sent back to the Canadian Human Rights Commission to continue its investigation into whether there is gender-based wage discrimination.
Resources on the topic:
The 7-0 ruling could speed up the resolution of other pay equity disputes at federally regulated organizations. Cases often take more than a decade to be concluded.
In 1991 and 1992, the Canadian Union of Public Employees (CUPE) filed complaints with the Canadian Human Rights Commission against Air Canada and Canadian Airlines International Ltd. The union alleged wage discrimination against the predominately female flight attendants as compared to two predominately male employee groups – pilots and ground crews.
Under s. 11 of the Canadian Human Rights Act, it is a discriminatory for an employer to pay different wages to male and female employees employed in the same "establishment" who are performing work of equal value. The Equal Wages Guidelines, 1986, adopted under the Act, state that employees of an establishment include all employees subject to a "common personnel and wage policy."
The employer had been arguing that each group is covered under a different collective agreement, so the wage comparison should not be made.
The Court criticized Air Canada for having dragged the case out for 15 years in front of human rights panels and federal courts. The Court said narrow technical interpretations of legislation could "sterilize human rights laws and defeat their very purpose."
The Supreme Court ordered that the matter be sent back to the Canadian Human Rights Commission to continue its investigation into whether there is gender-based wage discrimination.
Resources on the topic:
- Canadian Human Rights Act, s. 11: The law applies to employees in the federal public sector and businesses under federal jurisdiction, such as banks, transportation companies, telecommunications firms and Canada Post. Skill, effort, responsibility and working conditions are the factors which are examined to determine the value of a particular type of work
- Equal Wages Guidelines, 1986, s. 10: Regulations under the Canadian Human Rights Act
- Pay Equity Task Force: In June 2001, the Task Force on Pay Equity under the direction of the Minister of Justice and the Minister of Labour was appointed. The Task Force reviewed the current pay equity framework and made recommendations to improve the system. Extensive consultations took place across the country to collect information about what pay equity initiatives are needed and to identify new approaches. The Task Force produced a Selected and Annotated Bibliography of Resource Articles About the Implementation of Pay Equity
- Canadian Human Rights Commission - Pay Equity
- Pay Equity, Laws and Policies in other Jurisdictions : Several provinces have specific laws on pay equity which apply only to the provincial public sector. Others remain without any specific pay equity laws. Ontario and Quebec have what can be described as "pro-active" pay equity laws which cover almost all public and private sector employees.
Labels: employment law, Supreme Court of Canada, women
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