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Is it illegal to discuss wages in Ontario
Many Ontario employees wonder whether they are allowed to discuss their pay with coworkers, or whether their employer can enforce a policy requiring salary secrecy. The answer is clear: your employer cannot legally stop you from discussing your wages. Two pieces of Ontario legislation — the Pay Transparency Act and the Employment Standards Act, 2000 — both protect your right to discuss and disclose your pay, and prohibit employers from retaliating against you for doing so.
Under both the Pay Transparency Act and the Employment Standards Act, 2000, employees have the right to discuss, disclose, and inquire about wages. Employers who discipline or penalize employees for doing so are in violation of Ontario law.
Were you disciplined, fired, or threatened for discussing your salary with a coworker?
Retaliating against an employee for discussing wages is prohibited under the Pay Transparency Act and the Employment Standards Act, 2000. If your employer has taken action against you for exercising this right, you may have a reprisal complaint. Get advice before the limitation period runs out.
Call: 1-800-771-7882 Speak With an Employment LawyerTwo laws that protect your right to discuss wages in Ontario
Pay Transparency Act
- Employers cannot ask job applicants about their compensation history
- Employers with 100 or more employees must provide an annual pay transparency report by May 15
- Employers cannot dismiss, intimidate, or penalize employees for discussing or inquiring about pay
- Employers cannot penalize employees for disclosing their pay to others
- Employees are protected for asking about the employer's pay transparency report or compliance
Employment Standards Act, 2000
- Part XII establishes equal pay for equal work regardless of sex
- Employees can disclose their pay and ask about others' pay to verify equal pay compliance
- Part XVIII prohibits reprisals against employees who exercise rights under the ESA
- Employers cannot fire, intimidate, or penalize employees for asking about wages or filing a complaint
- Workplace policies requiring salary secrecy that conflict with the ESA are unenforceable
What your employer cannot do regarding wage discussions
Why the right to discuss wages matters
The ability to discuss pay openly is one of the most practical tools employees have to identify wage discrimination and equal pay violations. Under Part XII of the Employment Standards Act, 2000, employees are entitled to equal pay for substantially the same work regardless of sex. Without the ability to ask coworkers what they earn, that right is effectively unenforceable. Ontario's legislation specifically protects employees who disclose or inquire about pay for the purpose of verifying that their employer is complying with the equal pay provisions.
If you have discovered through these conversations that you are being paid less than a colleague of a different sex who performs substantially the same work, you may have a claim under the ESA. Get legal advice to understand your options and the process for filing a complaint with the Ministry of Labour.
Did you discover a pay disparity after discussing wages with a coworker?
Ontario's equal pay provisions protect employees from being paid less than colleagues of a different sex for substantially the same work. If you believe you are being underpaid on that basis, get legal advice about your options.
Understand Your Rights Or call us: 1-800-771-7882What to do if your employer told you not to discuss your salary
If your employer has issued a policy prohibiting wage discussions or has warned you not to discuss your pay, you are not required to comply where that policy conflicts with the ESA or the Pay Transparency Act. You may choose to raise the issue directly with your employer and point out that workplace policies must comply with Ontario employment law. Keep a written record of any instruction you were given and any response you receive.
If your employer retaliates against you for discussing wages, including by disciplining you, reducing your hours, demoting you, or terminating your employment, that may constitute a reprisal under the ESA. Document what happened and get legal advice promptly. The right to discuss wages is meaningless if employees face consequences for exercising it, and Ontario law takes reprisals seriously.
Frequently asked questions about discussing wages in Ontario
Is it illegal to discuss wages in Ontario?
No. It is not illegal for employees to discuss wages in Ontario. Under both the Pay Transparency Act and the Employment Standards Act, 2000, employees have the right to discuss, disclose, and inquire about wages. Employers are prohibited from disciplining or retaliating against employees for doing so.
Can my employer stop me from discussing my salary with coworkers?
No. Your employer cannot legally prevent you from discussing your pay with other employees. A workplace policy prohibiting wage discussions is unenforceable where it conflicts with the ESA or the Pay Transparency Act. Your right to discuss wages exists regardless of what any internal policy says.
Can I be fired for discussing my salary in Ontario?
No. Terminating an employee for discussing wages is a reprisal prohibited under the Employment Standards Act, 2000 and the Pay Transparency Act. If your employer fires or disciplines you for exercising this right, you may have a reprisal complaint and potentially a wrongful dismissal claim. Get legal advice promptly.
Can I ask my coworker what they earn in Ontario?
Yes. The ESA specifically protects employees who make inquiries about the compensation of other employees for the purpose of ensuring the employer is complying with the equal pay provisions. You can ask a coworker what they earn without your employer being able to legally penalize you for doing so.
What is the Pay Transparency Act in Ontario?
The Pay Transparency Act is Ontario legislation aimed at reducing the gender wage gap through greater openness about pay. It prohibits employers from asking job applicants about their compensation history, requires larger employers to publish annual pay transparency reports, and protects employees from retaliation for discussing or inquiring about pay.
What is equal pay for equal work in Ontario?
Under Part XII of the Employment Standards Act, 2000, employers must pay employees the same rate for substantially the same work regardless of sex. Employers can differentiate pay based on seniority, merit, production-based systems, or other factors unrelated to sex. The right to discuss wages is directly connected to enforcing this equal pay obligation.
Questions about your wage rights in Ontario?
Whether you have been retaliated against for discussing wages, discovered a pay disparity with a coworker, or have questions about your rights under the Pay Transparency Act or the ESA, our team can help. We advise employees across Ontario on wage rights, equal pay complaints, and reprisal claims. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©