Comparative Table - Canada

 
The following is a brief statement of several statutes that have some similarities. You should speak with a competent attorney to obtain further details when handling a particular employment situation.

U.S. Statute Ontario Statute
Equal Employment Opportunity Commission "EEOC" Ontario Human Rights Tribunal / Ontario Human Rights Code
Deals with complaints under the ADA, ADEA and other discriminatory type statutes and Title VII. Closest overall equivalent, although different tribunals and boards may also have responsibility for enforcing matters related to equality and discrimination (i.e. arbitrators appointed under a collective agreement).
Age Discrimination in Employment Act Ontario Human Rights Code (the "Code")
Prohibits discrimination in employment on the basis of age (defined as age 40 and over). Prohibits discrimination because of age. Age is defined as 18 years old and over.  
Equal Pay Act Pay Equity Act
Forms part of the Fair Labor Standards Act (Title 29 Section 206). Prohibits paying lower wages to classes of jobs typically held by women that are determined to be comparable to classes of jobs typically held by men. See also the Employment Standards Act, 2000 which specifically prohibits paying lower wages to an employee who is performing the same job as a co-worker of the opposite sex.
Americans With Disabilities Act Ontario Human Rights Code
Prohibits discrimination on the basis of a physical or a mental disability, and may require an employer to accommodate an otherwise qualified employee to the point of undue hardship. Expressly excludes illicit drug use as a basis of disability, and allows employers to require the same standards of alcoholics and illicit drug users as non-user employees. Allows for drug testing. As the closest comparable provision it states that disabilities may be physical or mental. "Disability" has been interpreted to include a dependence on alcohol or drugs. A disability is also defined in the Code to include an injury which is compensable under the Workplace Safety and Insurance Act (formerly the Workers' Compensation Act).
Employee Retirement Income Security Act of 1974 Pension Benefits Act See also Old Age Security Act and Canada Pension Plan Act (which are federal pieces of legislation)
Section 501 makes it an offence for an employer to interfere with a protected right -- i.e. an employer cannot discharge an employee for the purpose of preventing an employee's benefits from vesting. No equivalent to Section 501. However, there is a breadth of common law cases which consider the effect of an employee's termination from employment on their right to receive vested pension and benefit entitlements.
Fair Labor Standards Act (except the Equal Pay Act) Employment Standards Act, 2000
Similar to the Canada Labour Code Part III, however does not cover holiday pay, vacations, leaves (including pregnancy and parental leave or emergency leave), termination and severance pay, or sexual harassment. The Employment Standards Act, 2000 (the "Act") governs an employee's minimum workplace entitlements. The Act considers such rights as public holiday pay, vacation time and vacation pay, pregnancy and parental leave, emergency leave, and termination and severance pay.
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