Wages are to be "Substantially the same" but not necessarily identical. Meaning that:

• no employer shall pay an employee of one sex at a rate of pay less than the rate paid to an employee of the other sex when:

  • they perform substantially the same kind of work in the same establishment

  • their performance requires substantially the same skill, effort and responsibility

  • their work is performed under similar working conditions

• unless the rate of pay is based on

  • seniority

  • merit

  • a system that measures earnings by quantity by the quality of production

No employer shall reduce the rate of pay to equal the pay

• if an employment standards officer finds that an employer has contravened this standard, the officer may determine the amount owing to an employee as a result of the contravention and that amount shall be deemed to be unpaid wages for that employee

No trade union or other organization shall cause or attempt to cause an employer to contravene this

Benefit Plans

Except as prescribed, no employer or person acting on behalf of an employer shall provide, offer or arrange for a benefit plan that treats any of the following persons differently because of the age, sex or marital status of employees:

• employees

• beneficiaries

• survivors

• dependents

No organization of employers or employees and no person acting on such behalf of such organization shall, directly or indirectly, cause or attempt to cause an employer to contravene above act

Ont ESA Pt. XII s.42