Public Policy and Equal Pay: A Comparative Study of Equal Pay Laws in Canada, U.S.A. and U.K
| DOI | 10.1177/002085238505100105 |
| Author | P. Andiappan |
| Published date | 01 March 1985 |
| Date | 01 March 1985 |
| Subject Matter | Articles |
Public Policy and Equal Pay: A
Comparative Study of Equal Pay Laws
in Canada, U.S.A. and U.K.*
by
CDU : 35.087.4 (71 + 73 + 42)
P. ANDIAPPAN et al. **,
Faculty of Business Administration,
University of Windsor,
Windsor, Ontario, Canada
The commitment to equal treatment of men
LEGISLATION AND ADMINISTRATIVE
and women in the labour force was advocated
STRUCTURES
by the International Labour Organization in
1951 when it formally recognized the concept
Of the three countries, Canadian federal
of &dquo; equal pay for work of equal value &dquo; in its
legislation -
the Human Rights Act of 1978
Convention 100. However, governments res-
-
provides for the broadest equal pay defini-
ponded slowly in developing national policies
tion. It requires employers to give &dquo; equal pay
and legislation by which to apply the concept.
for work of equal value &dquo;. However, all the
Even where laws are enacted and administra-
provincial laws, with the exception of Quebec,
tive agencies are created, there still seems a
follow the definition of &dquo; equal pay for equal
long road ahead for achieving equality of sexes
work or substantially the same work &dquo;. Both
in
federal and
pay and employment.
Recent studies
provincial laws establish Human
document, for example, that in Canada and
Rights Commissions and give them power to
the U.S.A., sex discrimination still accounts
hear and conciliate complaints. An indepen-
for 27 percent of the pay differential between
dent Board of Inquiry or Tribunal with the
men and women (1). There are several factors
power to make binding decisions is an essen-
which contribute to these wage differentials
tial feature of Canadian legislation.
and are dealt with in detail in other studies (2).
In the U.S.A., two federal laws - the
The focus of this study is to investigate the
Equal Pay Act of 1963 and the Civil Rights
legislative remedies aimed at eliminating pay
Act of 1964 -
deal with sex discrimination
discrimination in Canada, the U.S.A. and the
in pay. The equal pay requirement applies
U.K. and to evaluate the extent to which
to jobs involving &dquo; the same or substantially
these remedies are effective in reducing it.
the same work &dquo;.
The Equal Employment
A brief description of the relevant legislative
Opportunity Commission (EEOC) is established
provisions and administrative structures will
to initiate, hear and conciliate complaints and
be followed by an analysis of the decisions by
as well make decisions.
courts and administrative agencies. This sets
the stage for a comparative evaluation of the
Great Britain uses a definition of equal
effectiveness of the equal pay policies in the
work that is only marginally expanded over
three countries.
the American definition. The equal pay legis-
lation and litigation in the U.K. are influenced
by Article 119 of the Treaty of Rome which
requires Member States of the European Econ-
* This is
omic Community to
a revised version of a paper presented
apply the principle of
&dquo;
at the Administrative Sciences Association of Canada
equal pay for equal work &dquo; (3). It consists
Meeting in 1983.
of the Equal Pay Act, 1970 (EPA) and the
**
* R.J. Cattanco, N. Solomon, M. Anderson.
Sex Discrimination Act, 1975 (SDA); both
(1) N. Agarwal, " Male-Female Inequity and Pub-
are difficult to
lic
interpret owing to their length
Policy in Canada and the U.S. ", Relations Indus-
and
trielles, 37, 1982, pp. 780-802.
complexity. The EPA prohibits treating
(2) P. Andiappan, Women and Work : A Com-
persons of one sex less favourably than persons
parative Study of Sex Discrimination in Employment
of another sex when employed in same or
in India and the U.S.A., Bombay, Somaiya Publica-
tions, 1980.
Ronnie Ratner, Equal Employment
Policy for Women, Philadelphia, Temple University
(3) Macarthy’s Ltd. v. Smith, (1981), 1 All England
Press, 1980.
Law Reports (All. E.R.), 111.
25
similar work. It is narrower in scope than
(These U.S. decisions are discussed later).
the SDA and deals only (a) in the field of
Since the Canadian Human Rights Act is
employment; (b) in discrimination on the
relatively new, there are very few cases and
grounds of sex; (c) with contracted terms of
also the complaints settled by the Human
conditions of employment; (d) where the em-
Rights Commission.
ployer employs persons of both sexes in work
At the
which is the
present time, the only case to be
same, broadly similar or given
brought before a federal Human Rights Trib-
an equal value under a job evaluation scheme.
unal is
The SDA,
Cooligan, McKenney v. British Amer-
on the other hand, offers provisions
ican Bank Note
where there is
(4). The respondent in this case
no employment contract or
if the employment contract does not
challenged the jurisdiction of the Tribunal
cover
benefits
claiming that in matters relating to the
or compensation other than wages.
wages
An
of its
equality clause
employees, it is subject to the laws of
can be used to modify or
Ontario rather than
supplement
to the legislation of the
a contract where the terms of the
Parliament of Canada. The courts determined
contract do not provide equal treatment be-
that there was no intention for the federal
tween male and female employees as outlined
in
law
the EPA. The clause
to
attempts to achieve
supersede existing provincial statutes
and that the Act is intended
equality where
to apply
a woman is employed in like
only
to
work,
enterprises which fall within federal
or work rated as equivalent with that of
juris-
diction.
For the
a
respondent to be assessed
man in the same employment at that time.
under federal provisions, Parliament must in-
The EPA relies on Industrial Tribunals, a
voke a broader constitutional basis for its
Central Arbitration Committee and a system
legislation or the provincial legislatures must
of appeals for enforcement. The SDA estab-
adopt the federal provisions.
lished the Equal Opportunity Commission
In another
(EOC) with the responsibility to eliminate
case, a complaint was brought
discrimination,
to the Human
produce equal opportunities be-
Rights Commission by a female
nurse
tween the
employed at a federal penitentiary, claim-
sexes and keep both Acts under
review. While the EOC is available to provide
ing that the salaries of the nurses were lower
than
counsel or advice
the salaries of the male health
to individuals regarding their
case offi-
cers (5).
Investigation showed that the two
cases, the SDA places the main responsibility
for seeking redress for grievances on the in-
groups of employees performed the same work
with
dividuals
the
who feel themselves discriminated
nurses being better qualified, but
against,
being paid less. The Treasury Board
on the basis of
agreed
sex, in employment
issues.
to make a retroactive pay increase for the
nurses and examine the duties and pay scales
of nurses in other penitentiaries and make the
EQUAL PAY LITIGATION:
necessary wage adjustments.
INTERPRETATION OF THE LAW
The first settlement of a complaint in which
The
different
enactment of equal pay laws is only
types of work were compared, was
obtained by a nursing director in a federally
one of the initial steps in working towards
operated Montreal hospital. The woman al-
wage parity between men and women in elm-
ployment. One must examine the resulting
leged that her work was of equal value to
litigation in order to develop
that
an appreciation
performed by the hospital’s other direc-
of the interpretation of the law by the admin-
tors who where men and better paid (6). The
istrative tribunals and courts before evaluating
Commission concluded that the salary differ-
the degree of
ence was a result of the
success or failure each country
plaintiff’s occupational
has experienced in attempting to remedy pay
group, which is traditionally female dominated.
discrimination.
The nursing director’s salary was adjusted up-
wards to equal that of the position considered
to be of
Canadian Federal
equal value.
Litigation
An example of union/employer efforts to
Litigation at the federal level, before the
Canadian Human Rights Act of 1978
adjust their pay practices to the new legislation
was
was the British Columbia Telephone Company
enacted, dealt with male-female pay differen-
tials based on merit and other factors. Gen-
erally, the courts have followed several U.S.
(4) Canadian Human Rights Reporter,...
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