Does the ESA permit employers to lower the rate of pay to achieve equal pay for equal work?

Does the ESA permit employers to lower the rate of pay to achieve equal pay for equal work?

• A. Yes, it may be permitted in certain circumstances.
• B. No, it does not permit lowering pay for this purpose.
• C. Only after a formal audit.
• D. It depends on the province.

Answer: (B)

The key idea is that equal pay for equal work is about preventing wage discrimination and ensuring workers who do the same job in the same setting are paid the same, not about cutting wages to force parity. The Employment Standards Act does not authorize lowering someone’s pay as a way to achieve equal pay. If there is a disparity, the appropriate action is to raise the wages of those underpaid so that pay becomes equal for the same work, or address the underlying inequity through proper pay adjustments or equity processes. Reducing someone’s rate to hit a parity target would perpetuate unfairness and could violate wage laws and anti-discrimination protections.

The key idea is that equal pay for equal work is about preventing wage discrimination and ensuring workers who do the same job in the same setting are paid the same, not about cutting wages to force parity. The Employment Standards Act does not authorize lowering someone’s pay as a way to achieve equal pay. If there is a disparity, the appropriate action is to raise the wages of those underpaid so that pay becomes equal for the same work, or address the underlying inequity through proper pay adjustments or equity processes. Reducing someone’s rate to hit a parity target would perpetuate unfairness and could violate wage laws and anti-discrimination protections.