Will the Pay Transparency Act Narrow the Gender Pay Gap? Bill 57 Halts our Chance to Find Out
Despite pay equity and anti-discrimination laws, female workers in Ontario earn less than their male counterparts. To address this gender wage gap, shortly before 2018 provincial election the Liberal government passed the Pay Transparency Act (“PTA”), putting the onus on employers to publicly report gender pay to build fairer workplaces. It was scheduled to take effect on January 1, 2019.
The PTA would have created numerous requirements for employers regarding compensation disclosure and filing pay transparency reports with the government. Specifically, the PTA prohibited all employers from either directly or indirectly asking job candidates about past compensation. It also would have required that employers post a compensation rate or range for all publicly advertised job postings, while prohibiting employers from reprising against employees who make inquiries about compensation practices.
Shortly after the election however, Premier Ford halted the coming into effect of the PTA by way of Bill 57.
On December 6, 2018, Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018, received Royal Assent. It delayed the implementation of the Pay Transparency Act, 2018 (“PTA”) from January 1, 2019 to “a day to be named by proclamation of the Lieutenant Governor.”
What is the Status of Ontario’s Pay Transparency Act?
It is not known when the PTA will come into force. If I were a betting person I would say not while Doug Ford is Premier.
Since the PTA has been postponed, employers are currently not required to create pay transparency reports and may limit their employees’ ability to disclose their compensation information.
Further, employers do not have to determine a compensation range before posting a job; they can continue to determine compensation rates based on a variety of factors such as the candidate’s experience and qualifications.
For more information on an employee’s pay transparency obligations, contact an employment lawyer at MacLeod Law Firm. You can reach us at [email protected] or 647-204-8107.
The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.
Tags: Barrie Employment Lawyer Bill 57 Discrimination Doing Business In Ontario Doug MacLeod Employment Lawyers Barrie Employment Lawyers Toronto Gender Hiring Discrimination MacLeod Law Firm Ontario Employment Legislation Pay Equity Pay Transparency Act Toronto Employment Lawyer Wage Gap Workplace Policy
Recent Posts
Have reasonable notice periods increased during the COVID pandemic?
I will tell anyone who asks - and many people who don’t ask - that every employer should require every employee to sign an employment contract with an enforceable termination clause. More and more employers are doing so, however there are still many employees who have...
Non-Compliance with Mandatory COVID Vaccine Policies
In the last month or two many (if not most) organizations have introduced a mandatory COVID vaccination or/or a COVID negative policy. A mandatory vaccination policy requires an employee to get double vaccinated, whereas a COVID negative policy requires an employee to...
Wrongful Dismissal: How To Reduce Litigation Risk
The best way to reduce litigation risk in relation to an employee termination is to agree in advance how much notice of termination (or pay in lieu of notice) an employee is entitled to receive. Employers rarely provide ANY notice of termination so the employee’s...