Pay equity vs equal pay: what is the difference?

Pay equity and equal pay. The two terms sound alike, but they do not mean the same thing. Here is the difference, explained simply.

Equal pay: same work, same pay

This is the simplest idea. If a woman and a man do the same work, they must receive the same pay ^[1].

For example, two customer service agents, a woman and a man, perform exactly the same tasks. They must be paid the same.

A difference in pay is still allowed if it is based on criteria that apply to everyone, such as experience, seniority or merit ^[1].

This rule comes from section 19 of Quebec's Charter of Human Rights and Freedoms ^[1].

Pay equity: different jobs that are worth the same

Here, we no longer compare two people doing the same work. We compare different jobs.

The question becomes: is a job held mostly by women paid less than a job held mostly by men, even though both have the same value for the company ^[2]?

Why does this rule exist? Because, for a long time, so-called "female" jobs were paid less. Not because they required less, but because certain qualities, such as listening, attention to detail or handling several things at once, were less recognized than physical strength, for example.

This rule comes from Quebec's Pay Equity Act, adopted in 1996 ^{[2] [3]}.

How do you know if two jobs are "worth the same"?

Each job is evaluated using the same 4 criteria, set out in the Act ^{[2] [4]}:

1. Qualifications: the training and experience required.
2. Responsibilities: what the person is responsible for (clients, money, equipment, other people).
3. Effort: physical effort, but also mental effort, such as concentration.
4. Working conditions: noise, stress, difficult clients, and so on.

If two jobs get a similar result, they have the same value. If they are not paid the same, the Act provides for raising the pay of the female job.

A concrete example

Here is a fictional example. A company has two jobs:

• Receptionist, a job held mostly by women, paid $22 an hour.
• Warehouse clerk, a job held mostly by men, paid $25 an hour.

The tasks are very different. But once evaluated with the 4 criteria, both jobs have the same value.

The result: there is a $3 an hour gap. The Act provides that the company raise the receptionists' pay. The warehouse clerks' pay, on the other hand, cannot be lowered ^[2].

Yet, among receptionists, everyone earns the same pay. Equal pay is respected. This is exactly where many companies get it wrong: they respect equal pay, but not pay equity.

In summary

What it means for employers

If your company has 10 or more employees, the Act provides that you check for gaps yourself, without waiting for a complaint ^{[2] [5]}. The check must then be redone every 5 years, and the result is reported to the CNESST ^[5].

A company that fails to do so faces a fine of $1,000 to $45,000 and may have its name published on the CNESST's list of non-compliant employers ^[5].

This is not rare. According to the CNESST, about one employer in three had not completed its second maintenance evaluation on time at the end of 2025 (only 65.3% reported having done it) ^[6].

To learn more, see our definitions of maintaining pay equity and pay transparency.

Where does your company stand?

Not sure you are up to date? Leduc HR's specialists can take care of your pay equity from start to finish, from the initial exercise to the employer statement.

This article is for information purposes only. It is neither legal advice nor professional advice. For your specific obligations, refer to the Act, the CNESST and your legal advisors.

Sources

1. Charter of Human Rights and Freedoms, CQLR, c. C-12, s. 19, LégisQuébec
2. Pay Equity Act, CQLR, c. E-12.001, LégisQuébec
3. La Loi sur l'équité salariale : un apport indéniable pour contrer la discrimination salariale, rapport du ministre 2019 (in French), Ministère du Travail, de l'Emploi et de la Solidarité sociale
4. Programme d'équité salariale du secteur parapublic (in French), Secrétariat du Conseil du trésor du Québec
5. Aide-mémoire des obligations de l'employeur selon le nombre de travailleuses et travailleurs (in French), CNESST
6. L'équité salariale en chiffres, data as of December 31, 2025 (in French), CNESST