Equal Wages Guidelines, 1986

The Canadian Human Rights Commission has issued new guidelines respecting the application of section 11 of the Canadian Human Rights Act and prescribing factors justifying different wages for work of equal value. The guidelines, which come into effect on November 18, 1986, aim to provide clarity and consistency in the assessment of wages for men and women performing work of equal value.

The guidelines outline various factors that can be considered when assessing the skill, effort, responsibility, and working conditions required in a particular job. These factors include intellectual and physical qualifications, intellectual and physical effort, extent of responsibility, physical and psychological work environments, method of assessment of value, employees of an establishment, complaints by individuals, and reasonable factors.

The guidelines also provide guidance on how to calculate wages for individuals who have filed complaints alleging a difference in wages. In some cases, the weighted average wage paid to other employees performing similar work may be used to adjust the complainant's wages.

Furthermore, the guidelines set out the criteria for determining whether a practice is discriminatory on the ground of sex. For example, an occupational group must be predominantly of one sex in order for a complaint alleging a difference in wages to be considered under section 12 of the Act.

The guidelines also provide justification for differences in wages on the basis of various factors, including performance ratings, seniority, re-evaluation and downgrading of positions, rehabilitation assignments, demotion procedures, temporary training positions, internal labour shortages, reclassifications, and regional rates of wages.