September 26, 2008
Pay equity complaint
PSAC to pursue pay equity with the Human Rights Commission
The PSAC will be requesting that the Canadian Human Rights Commission investigate its pay equity complaint against 28 separate employers. The complaint was initially filed with the Commission in January 2002. However, it was placed in abeyance pending the outcome of a PSAC claim of wage discrimination filed in November 2000 with the Federal Court of Canada claiming a violation of Section 15 of the Canadian Charter of Rights and Freedoms (the Charter) against 7 of those separate employers.
PSAC has now filed a Notice of Discontinuance in the Charter proceeding. This decision is based on a legal assessment of a number of recent decisions issued by the Federal Court and the Supreme Court of Canada since this claim was filed in 2000, relating to both Section 15 of the Charter and Section 11 of the Canadian Human Rights Act. Based on this jurisprudence, the PSAC believes that the Human Rights Commission and Tribunal are the most appropriate forum for this pay equity complaint.
As a result, the PSAC will now ask the Human Rights Commission to proceed with an investigation into the January 2002 complaint.
The PSAC will continue to update members on the progress and outcome of the Commission’s investigation.
Date Modified : 2010/07/29