The Law

The Pay Equity Act states that pay equity is achieved when a female job class is paid at least as much as a male job class of equal or comparable value.

Equal or comparable value means similar, not necessarily identical value. The Act requires employers to search for comparators within an establishment according to the following search sequence.

Search sequence # 1:

Look for a male job class of equal or comparable value INSIDE the same pay equity plan. If more than one is found, the one with the lowest job rate is the appropriate Comparator.

Search sequence # 2:

If there is no male job class of equal or comparable value inside the pay equity plan, look OUTSIDE within other plans in the establishment. Again, if there is more than one possible comparator, use the one with the lowest job rate.

Search sequence # 3:

If there are no male job classes of equal or comparable value, look THROUGHOUT the establishment for male job classes that are of lower value but higher paid than the female job classes considered.

Where a female job class is found to be equal or comparable to a male job class, the job rate has to be the same.

STC was required to use search sequence # 1 only, as all head office employees were non-union and covered by a single pay equity plan.