Employers cannot discriminate against their employees by paying them differently for performing similar work based solely on the employee's sex, or on the basis of any of the prohibited grounds in The Saskatchewan Human Rights Code.
"Similar work" means:
- work for the employer that is done in the same workplace;
- under similar working conditions; and
- work that requires similar skill, effort, and responsibility to perform.
Acceptable Grounds for Paying Employees Differently
Employers can pay their employees differently if the difference is based on:
- seniority; or
- a merit system.
Employers should ensure that wages paid to employees are based on objective criteria such as an employee's seniority, performance, skill requirements, and responsibility levels.
If the Employment Standards Division investigates a complaint of pay discrimination and it is found to be valid, the employer cannot reduce the wages of the higher paid employee(s) to match the lower paid employee(s). Instead, the employees' wages must be increased to match the higher paid employees' wages.