EQUAL PAY FOR WORK OF EQUAL VALUE

A principle which states that men and women are entitled to equal pay where they perform similar or work of equal value compared to another employee.

"Occupational segregation makes it impossible for people doing low-paid women's work,' such as secretaries, nurses or telephone operators, to find the sorts of direct comparators required under equal pay for equal work legislation. Equal pay for work of equal value – pay equity – acknowledges this reality, allowing comparisons between different types of female- and male-predominant jobs in order to locate and remove wage discrimination."
(Canadian Human Rights Commission, Why Pay Equity?, 2006, visited 2009-10-26)

"Equal value can also mean greater value. This was confirmed by the ECJ in Murphy v Bord Telecom Eireann [1988] IRLR 267 ECJ, the European Court of Justice decided that the right to equal pay for work of equal value did not only apply to situations where the work was of exactly the same or very close value but also applied to situations where the woman was being paid less for work of greater value. However, a woman in such a situation may only claim parity with her male comparator. She does not have the right to be paid more than him."
(Equality and Human Rights Commission, Work of equal value, visited 2009-10-26)

The principle of non-discrimination in wages is a well-established part of international human rights law and is recognized in many international agreements:

• The Convention (No. 100) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value (Equal Remuneration Convention), adopted by the International Labour Organization (ILO) in 1951, requires that governments take active measures to achieve equal pay for work of equal value.
• The International Covenant on Economic, Social and Cultural Rights, adopted by the United Nations (UN) in 1966 lists equal pay for work of equal value as a fundamental right and stresses its importance to the achievement of fairness in conditions of work.
• The Convention on the Elimination of All Forms of Discrimination against Women, adopted by the UN in 1979 commits signatories to removing employment discrimination against women, in part by ensuring equal pay for work of equal value.

In line with these international instruments, many jurisdictions have attempted to implement equal pay for work of equal value through various pay equity initiatives.

For example, European Community law gives the right to receive equal pay for work of equal value. It is not easy to determine work of equal value, since there are no objective factors available based on which to clearly and objectively determine the value of work in a market economy. Therefore, the Commission has developed a classification scheme to give some guidance to employers and employees.

To determine whether the work performed by a man and a woman is of equal value, a comparison of their work is required. This involves assessing the nature of the tasks involved and the demands made upon the workers in terms of the level of skill, effort, responsibility, etc. In each Member State, there is an authority with the power to decide whether any two jobs being compared have the same value, based on an examination of the necessary information. Each Member State has different mechanisms for resolving individual claims concerning equal pay for work of equal value.
(adapted from the European Commission, Equal opportunities , visited 2009-10-26)

Pay equity is one of the fundamental rights the ILO aims to promote. It builds on the related notion of equal pay for equal work, developed in the 50s and 60s. According to this notion, two people doing the same job should get the same wage, regardless of their sex. However, equal pay for equal work has been of little use to the majority of women concentrated in low-paid, female-predominant fields.

The under-compensation of work done primarily by women can be traced back to an era when men were seen as the primary breadwinners for the family, and "women's work" was treated as a source of secondary income. In addition, because many jobs performed by women built on their conventional roles in the home, they were not perceived as requiring any special effort.

Attitudes about working women have, of course, changed substantially. However, wages for female-predominant work are still affected by traditional stereotypes and patterns of undervaluation that are embedded in compensation systems. Today, they are usually unintentional, but that does not make their effects any less real.
(adapted from The Canadian Human Rights Commission, Why Pay Equity?, 2006, visited 2010-10-26)