An employer cannot pay an employee of one gender a different rate of pay than an employee of the opposite gender for performing the same work in the same establishment, that requires the same skills, effort, and responsibility and under similar working conditions unless there is a valid reason for doing so such as a seniority system or a merit system.

The employer also cannot reduce an employee's rate of pay to comply with this rule, and no one can attempt to influence the employer to violate this rule.

If an employer violates this rule and an employee receives lower pay as a result, the Director may make an appropriate order to compensate the employee for the lost pay.

NB Employment Standards Act s.37.1