March 8th is International Woman’s Day! It’s a global day or recognition, rooted in early 20th century labour movements in North America and Europe with the aim of ensuring women had an equal voice in society. What began as a call for fair wages, voting rights, and safe working conditions has evolved into an international movement focused on gender equality, workplace rights, and systemic change.
International Women’s Day first took place on March 19, 1911, in Austria, Denmark, Germany, and Switzerland, when over a million people attended rallies to show their support for women’s rights to work, vote, hold public office and live free of discrimination. Other countries began to observe and celebrate this day in the years that followed. The United Nations formally recognized 1975 as International Women’s Year and began celebrating March 8 as International Women’s Day.
Today, International Women’s Day is both a celebration of women’s achievements and a reminder that gender equality in the workplace remains an ongoing legal and social issue, including here in Ontario.
Women’s Workplace Rights in Ontario
In Ontario, several pieces of legislation operate to support gender equality in the workplace. At the centre of this framework is the Ontario Human Rights Code, which prohibits discrimination in employment based on:
- Sex (including pregnancy)
- Gender identity and expression
- Family status
- Other protected grounds
These protections cover all stages of employment including:
- Hiring
- Promotions
- Termination
- Working conditions
- Harassment.
Family Status Discrimination and Caregiving Responsibilities
Family status discrimination occurs when workplace structures, policies, procedures or culture exclude or disadvantage persons with caregiving responsibilities. Often women are the primary caregiver.
In practice, this discrimination often shows up when employees are:
- Viewed as less committed or ambitious than others (often due to gender stereotypes)
- Passed over for promotions, learning opportunities and recognition
- Penalized for requiring flexibility to manage caregiving obligations
The Ontario Human Rights Code provides employers with a legal duty to accommodate caregiving responsibilities to the point of undue hardship. This means employers are required to consider changes to workplace policies, procedures and culture to meet these needs.
Common Accommodation Examples
- Providing flexible or modified scheduling
- Allowing employees to take leaves of absence to care for family members who are aging, ill or have a disability
- Allowing alternative work arrangements, like remote work
Failure to accommodate may amount to discrimination.
Pay Equity and Gender-Based Wage Gaps
Ontario’s Pay Equity Act requires equal compensation for work of equal value, aiming to redress systemic gender‑based pay discrimination. The Act requires employers to ensure that female-dominated job classes receive equal pay to male-dominated job classes of comparable value.
There are, however, exceptions for seniority systems, merits systems, systems that measure earnings by quantity or quality of production, or differences in pay due to any other factor other than sex. As a result, pay inequities still persist, and women are encouraged to be remain keen to pay discrepancies and to seek redress when necessary.
Gender Equality Requires Ongoing Action
While Ontario’s legislative framework provides a supportive base to ensure workplace places provide equal treatment, gender equality is an ongoing issue that consistently needs to be addressed with a proactive approach.
International Women’s Day serves as a reminder that workplace rights are not symbolic, but instead, they are enforceable.
Frequently Asked Questions About Women’s Workplace Rights in Ontario
Is family status discrimination illegal in Ontario?
Yes. Under the Ontario Human Rights Code, employers are prohibited from discriminating against employees based on family status. This includes disadvantaging employees because of caregiving responsibilities, such as caring for children, elderly parents, or family members with disabilities.
Do employers have to accommodate caregiving responsibilities?
Yes. Employers in Ontario have a legal duty to accommodate caregiving responsibilities to the point of undue hardship. This may require changes to scheduling, work arrangements, or leave policies where reasonable accommodation is possible.
Does Ontario law require equal pay for women and men?
Ontario’s Pay Equity Act requires equal compensation for work of equal value. Employers must ensure that female-dominated job classes are paid fairly when compared to male-dominated job classes performing comparable work, subject to limited legal exceptions.
What should I do if I believe I’m facing gender-based discrimination at work?
If you suspect gender-based discrimination, it is important to document what is happening and seek legal advice as early as possible. An experienced employment lawyer can help you understand your rights, assess your options, and determine the best path forward.
Get Legal Advice on Workplace Gender Issues
When it comes to gender-related issues in the workplace like pay inequity or challenges related to caregiving accommodation, speaking with an experienced employment lawyer can help you understand your rights and legal options.
Whitten & Lublin regularly assists employees navigating complex workplace equality issues or accommodation concerns. Contact us online or by phone at (416) 640-2667
