Women and men have a right to the same pay for work that is similar or substantially similar.
Note: Complaints about discrimination in wages on grounds other than sex may be filed in the area of employment.
A complaint about wages based on sex must set out facts that, if proved, could be discrimination under the Human Rights Code.
This means that a complaint must include information showing:
Examples of cases that may be wage discrimination:
The employer is the only person who may be named as a respondent in a wages complaint.
If a complainant proves that she was paid less than a male employee for work that is similar or substantially similar, this is called a prima facie case of discrimination.
Even if a complainant proves a prima facie case of discrimination at a hearing, the employer may argue that there is no discrimination because the wage difference is justified.
To succeed with this defence, the employer must prove that the pay difference is based on factor(s) other than sex which reasonably justify the pay difference.