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Reprisals

"I'm afraid of being fired" is a statement we sometimes hear on our hotlines. We address this and other concerns on this webpage, but if your question is not answered here, please call us.

The Pay Equity Act prohibits employers from taking any action against employees who exercise their rights.

What do I do if ...

You may be asking yourself, "What do I do if I feel that because of pay equity ...":

  • I'm being harassed or intimidated.
  • My wages or benefits were reduced.
  • Some of my duties or responsibilities were taken away.
  • I was demoted.
  • I was fired.

Reprisals and the Act

You can complain to the Commission that you have been penalized because of pay equity and your complaint will be handled immediately. The following two subsections of the Act deal specifically with reprisals and directly impact on the types of situations listed above.

Subsection 9(1) Reduction of compensation prohibited
An employer shall not reduce the compensation payable to any employee or reduce the rate of compensation for any position in order to achieve pay equity.

Subsection 9(2) Intimidation prohibited
No employer, employee or bargaining agent and no one acting on behalf of an employer, employee or bargaining agent shall intimidate, coerce, harass or penalize, or discriminate against, a person,

(a) because the person may participate, or is participating, in a proceeding under the Act;
(b) because the person has made, or may make, a disclosure required in a proceeding under the Act;
(c) because the person is exercising, or may exercise, any right under the Act;
(d) because the person has acted or may act in compliance with the Act, the regulations or an order made under the Act or has sought or may seek the enforcement of the Act, the regulations or an order made under the Act.

Contact us if you think any of the above applies to you.

If your employer contravenes the Act

You can make a complaint to the Pay Equity Office.

If an employer is found to have acted in contravention of the Act, a wide range of remedies may be ordered. The employer could be required to comply with any of the following:

  • make retroactive adjustments to salaries;
  • pay damages, and in some cases, with interest;
  • reinstate an employee who was dismissed in contravention of the Act.

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© Copyright information: Queen's Printer for Ontario, 2005.

Last modified: January 6, 2005