PAY EQUITY: AN INQUIRY INTO THE LEGISLATED IMPLEMENTATION OF THE PRINCIPLE OF EQUAL PAY FOR WORK OF EQUAL VALUE

Abstract

This thesis examines the factual and theoretical arguments behind the use of legislation to achieve pay equity and in that context makes recommendations for the form of legislation for pay equity in Saskatchewan. The approach followed is identification of the problem, a study of theories which attempt to explain why the problem exists, an understanding of relevant legal theory and finally, development of legislative guidelines. In Chapter Two, the statistics relate the economic position of women in comparison with men in the specific area of relative average wage earnings. In Chapter Three, a series of theories from sociology and economics that attempt to explain the circumstances of women that result or contribute to their earnings profile and position in the labour force are examined. Certain theories, together with the understanding of equality and discrimination in Canadian law reached in Chapter Four, lead to the endorsement of legislative action on pay equity. Chapter Five is an exposition of subjectivity and its impact on the particular problem of legislated pay equity. Recommendations on the substance of pay equity legislation within the context of a critique of present similar Canadian efforts, in Chapter Six, comprise the final result of the thesis.