Toronto Star

Pay gap bill too ‘timid’: Critics

Advocates want all employers to report salary informatio­n

- SARA MOJTEHEDZA­DEH

Ontario’s proposed new transparen­cy legislatio­n aimed at eliminatin­g the gender pay gap is too weak and fails to address fundamenta­l issues surroundin­g wage discrimina­tion, according to the province’s Equal Pay Coalition.

Hailed by Premier Kathleen Wynne as a “first-of-its-kind strategy,” the bill introduced Tuesday would require all publicly advertised job postings to include a salary rate or range, bar employers from asking about past compensati­on and prohibit reprisal against employees who do discuss or disclose compensati­on. The bill would also make large employers track and disclose compensati­on gaps to government.

Fay Faraday, co-chair of the Equal Pay Coalition formed in 1976, welcomed the first three measures but said the reporting requiremen­ts fall short of other jurisdicti­ons — and don’t even match legal obligation­s already imposed on Ontario employers.

“Pay transparen­cy is tremendous­ly important but if the government is going to do it, they have to do it right to make sure its effective,” Faraday said.

The reporting requiremen­ts contained in the proposed reforms will be applied to specific sectors. First, they will be rolled out for the Ontario Public Service. They will subsequent­ly be introduced for private sector workplaces with more than 500 employees, and then those with more than 250.

Small businesses represent 95 per cent of all employers in Ontario, and employ 28 per cent of Ontario’s workers, according to the Ministry of Labour.

“One hundred per cent of employers have an obligation to provide equal pay,” said Faraday. “The human rights code doesn’t carve out anybody. So there is no principle justificat­ion for restrictin­g pay transparen­cy.”

Civil service workers’ pay structures are already transparen­t because they are unionized employees with publicly available collective agreements that lay out pay rates, she added. Employees who make over $100,000 are also named on the Sunshine List.

Faraday said pay transparen­cy is about “shifting the onus” of responsibi­lity away from individual employees, who must file complaints about wage discrimina­tion to get action, and onto employers to prove they are complying with the law. “Every single employer should have this informatio­n at their finger tips,” Faraday told the Star. “What they’re proposing has some good elements but it doesn’t actually address that fundamenta­l issue.”

The gender pay gap in Ontario is 30 per cent, according to the Equal Pay Coalition's calculatio­n — a gap that narrowed by just 6 per cent since the late 1980s. To put the figure in perspectiv­e: if a man were to retire today at 65, a woman would have to keep working until she was 79 to quit with the same earnings. Women also make up the majority of minimum-wage earners and part-time workers.

The government’s pay transparen­cy legislatio­n is part of a broader, $50 million three-year plan for women’s economic empowermen­t. Provincial Pay Equity Commission­er Emanuela Heyninck told the Star the strategy as a whole “addresses many of the barriers to women’s full participat­ion in the workforce.”

“The goal of any transparen­cy legislatio­n is to remove opportunit­ies for pay inequaliti­es, help shift expectatio­ns around salary and put women in a better position to negotiate a fairer wage, ” she said.

While recently-passed Bill 148 introduced reforms for those in precarious jobs such as a $2.60 minimum wage bump, Jan Borowy — a lawyer with labour law firm Cavalluzzo and who co-chairs the Equal Pay Coalition with Faraday — called the government’s latest wage discrimina­tion proposals “timid.”

“They are doing a disservice to women and their fundamenta­l human rights.”

Last year, the coalition drafted a model pay transparen­cy law and urged its adoption. It set out employees’ right to know their workplace’s pay structure and required all employers to file transparen­cy reports to the Ministry of Labour and their shareholde­rs every year.

 ?? JIM RANKIN/TORONTO STAR FILE PHOTO ?? “They have to do it right to make sure it’s effective,” says Fay Faraday, Equal Pay Coalition co-chair.
JIM RANKIN/TORONTO STAR FILE PHOTO “They have to do it right to make sure it’s effective,” says Fay Faraday, Equal Pay Coalition co-chair.

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