Minding the Gap: Pay Equity and the Role of Law in Narrowing Canada\u27s Gender Wage Gap

Abstract

Canada has a gender wage gap. Gender discrimination is one of the factors underlying that gap. The goal of this thesis is to determine if Canadian law can be used to narrow the gender wage gap and if so, what legal reforms should be made? To meet these ends this thesis examines the evolution of relevant Canadian human rights and pay equity law and makes comparisons between the types of laws specific jurisdictions use and the size of their respective gender wage gaps. The focus then shifts to laws enacted in foreign jurisdictions that Canada could adopt to further address the gender discrimination underlying the gap. Ultimately, this thesis argues that Canadian law can be reformed to narrow the gender wage gap by first, widening the applicability of pay equity law among jurisdictions and workforce sectors and second, compel employer compliance through complimentary legislation such as pay transparency laws

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