Acts and Regulations

P-5.05 - Pay Equity Act, 2009

Section 5
Disposition versions

Full text
Differences in pay
5This Act does not apply so as to prevent differences in pay between a female-dominated classification and a male-dominated classification if the employer is able to show that the difference is the result of
(a) a formal seniority system that does not discriminate on the basis of gender,
(b) a temporary employee training or development assignment that is equally available to female and male employees and that leads to career advancement for those involved in the program,
(c) a merit pay plan that is based on formal performance ratings and that has been brought to the attention of the employees and that does not discriminate on the basis of gender,
(d) the personnel practice known as red-circling, where the value of a position has been downgraded and the pay of the incumbent employee has been frozen or the employee’s increases in pay have been curtailed until the pay for the downgraded position is equivalent to or greater than the pay payable to the incumbent, or
(e) a skills shortage that is causing a temporary inflation in pay because the employer is encountering difficulties in recruiting or retaining employees with the requisite skills for positions in the job classification.
Differences in pay
5This Act does not apply so as to prevent differences in pay between a female-dominated classification and a male-dominated classification if the employer is able to show that the difference is the result of
(a) a formal seniority system that does not discriminate on the basis of gender,
(b) a temporary employee training or development assignment that is equally available to female and male employees and that leads to career advancement for those involved in the program,
(c) a merit pay plan that is based on formal performance ratings and that has been brought to the attention of the employees and that does not discriminate on the basis of gender,
(d) the personnel practice known as red-circling, where the value of a position has been downgraded and the pay of the incumbent employee has been frozen or the employee’s increases in pay have been curtailed until the pay for the downgraded position is equivalent to or greater than the pay payable to the incumbent, or
(e) a skills shortage that is causing a temporary inflation in pay because the employer is encountering difficulties in recruiting or retaining employees with the requisite skills for positions in the job classification.