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  • September 2018 Human Rights Digest
  • August 2018 Human Rights Digest
  • July 2018 Human Rights Digest
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CHRR decisions are only available from Canadian Human Rights Reporter Inc.

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Midwives Win a “Landmark” Pay Decision

Midwives are affected by gender in three different ways: they belong to a profession overwhelmingly composed of women; they provide services only to women; and the services they provide support women's distinctive reproductive capacity to bear children. In a decision that the Association of Ontario Midwives (“AOM”) has called a "landmark", the Human Rights Tribunal recognized that discrimination based on gender has infected the Government of Ontario's determination of pay rates for midwives since 2005. 

The Tribunal's decision fully acknowledges the systemic discrimination that skews pay rates for a profession that is so gendered. What is troubling is that the AOM has spent years of work to obtain this decision and that they had to lay down again facts and principles about women...

What Was Said

Ontario Midwives Experienced Gender-Based Pay Discrimination

“… I have found in this decision … that the 2005 agreement remains connected to the foundational principles in such a way that there is insufficient evidence to find a breach of the Code. The parties are at liberty to negotiate a new compensation methodology which incorporates, among other things, the developments in the midwifery profession, the ongoing demand for services, the government’s changing health care priorities, economic and labour market forces and the research...

Human Rights Digest 19-6, September 2018