Employees in Ontario are protected from discrimination by the Human Rights Code. An employee being paid less for the same work because of her sex would constitute discrimination.
Further, the Ontario Employment Standards Act, 2000 requires that employees receive equal pay for equal work on the basis of sex. This means that, with some exceptions, Gen’s employer cannot pay her less than Peter when:
- they perform substantially the same kind of work in the same establishment,
- their work requires substantially the same skill, effort and responsibility, and
- their work is performed under similar working conditions.