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 as defined in The Saskatchewan Human Rights Code. This is called pay discrimination.
Similar work means:
- Work that is performed for the employer in the same workplace;
- The work takes place under similar working conditions; and
- The performance of the work requires similar skill, effort and responsibility.
If an employer is at fault for pay discrimination, they are not allowed to reduce wages to comply with employment standards. Instead, wages must increase.
Acceptable Grounds for Paying Employees Differently
Employers can pay their employees differently if the difference is based on:
- The employee's seniority; or
- A merit system.
Employers often hire both men and women to perform similar work in the same workplace. 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.