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. |