DISCRIMINATION - Prohibited grounds - Sex - Context - Workplace discrimination - Remuneration and wage rates

Law360 Canada (October 12, 2022, 6:16 AM EDT) -- Appeal by the Minister of Health from a Divisional Court decision dismissing the appellant’s application for judicial review of the decision of the Human Rights Tribunal finding the appellant liable for discrimination under the Human Rights Code and from the remedy awarded. The respondent Association of Ontario Midwives brought an application to the Tribunal alleging systemic gender-based discrimination in compensation and seeking an increase in compensation retroactive to 1997. In 1993, the parties agreed to equitable compensation principles that were designed to ensure that midwives’ compensation was not affected by harmful assumptions and stereotypes concerning the value of women’s work. The 1993 principles were connected, if not imbued, with gender. The 1993 principles were affirmed in the Hay Report in 2004. By 2010, there was a significant compensation gap between midwives and their comparators, inconsistent with the 1993 principles. The 1993 principles were reinforced under the jointly commissioned Courtyard Report. The Adjudicator concluded that midwives were subjected to systemic gender discrimination after 2005, resulting in a significant compensation gap between the respondent and certain family physicians, who the Adjudicator found served as a male comparator. In a separate decision, the Adjudicator made remedial orders including orders granting a compensation adjustment of 20 per cent back to 2011 and compensation for injury to dignity, feelings, and self-respect in the amount of $7,500 per eligible midwife, plus orders to promote ongoing compliance with the Code....
LexisNexis® Research Solutions

Related Sections