Pay equity legislation continues to face opposition

While the Public Sector Equitable Compensation Act (PSECA) was passed by Parliament in April, it has continued to face widespread opposition from a range of organizations.

This was more than apparent when the Standing Committee on the Status of Women recently undertook a study of the Act to review the impact it will have on how pay equity compensation is awarded in the federal public service.

The committee met with a range of witnesses – including academic experts, NGOs, public sector labour unions and employers’ organizations – to listen to their perspectives on the Act. The committee released its report on their consultations this past month. The report detailed the extent to which the gender income gap still exists in Canada and the need for legislation that could effectively address it.

The majority of witnesses at the committee hearings raised serious concerns about the PSECA, many similar to those outlined in my previous blogs on the Act. PSECA addresses pay equity as a labour issue, not a human rights issue, and as a result turns pay equity in to a bargaining chip instead of a fundamental right. In addition, women cannot file complaints with the support of their union. If they do so, they can face a fine of up to $50,000 – an astronomical sum that will undoubtedly make possible complainants rethink their options for recourse.

Responding to the concerns of the witnesses, the Committee recommended that “the [federal] government repeal The Public Sector Equitable Compensation Act and replace it with a proactive federal pay equity law,” such as the one recommended by the Pay Equity Task Force.

The witnesses all agreed that there is a serious need for a proactive system of recourse for those seeking pay equity compensation. However, the government response to their considerations was to simply reiterate their original position: that collective bargaining will make the recourse process less time-consuming and costly. Although this may be true, it will also limit the avenues available for those seeking compensation.

I find it appalling that after all the progress that has been made over the past century to advance women’s rights, the federal government is now taking a step backward instead of forwards. I hope that strong opposition continues to be raised on behalf of the many women whose capacity to seek equity will be diminished as a result of this new legislation.