Ontario Employers & Female Employees: 4 Lessons for Business Owners
- Daniel Washington
- Jun 12
- 7 min read
Introduction
As the legal landscape continues to evolve, Ontario and American business owners must remain vigilant in understanding their obligations to all employees, and particularly to female employees. Rooted in principles of equality and non-discrimination enshrined in the Ontario Human Rights Code and the Employment Standards Act (ESA), creating a fair and inclusive workplace is not only legally sound but also a cornerstone of a thriving and ethical business.
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Here are four key lessons for Ontario and US employers:
Discussions around gender equality are nothing new in North America. There are talks about pay gaps, glass ceilings, and the need for more women in leadership all the time. But talk only gets us so far.
If you're serious about making a difference, you must look at places that are going beyond mere talk.
Ontario, Canada, might not be the first location that springs to mind when you’re searching for innovative human resource strategies. But this northern neighbor is making noteworthy strides in supporting female employees.
Here are a few takeaways from Ontario that could give your business a real boost.
Lesson #1: Advance Gender Equality for Business Success
Think gender equality isn't a top-tier business strategy? Think again.
The concept of "equal pay for equal work" is not merely a suggestion; it is a fundamental legal requirement under the ESA. This means that female employees performing substantially the same kind of work as their male counterparts, requiring substantially the same skill, effort, and responsibility, under similar working conditions, must receive the same rate of pay. Differences in pay can only be justified on legitimate grounds, such as seniority, merit, or a system based on quantity or quality of production. Employers must proactively review their compensation structures to identify and rectify any gender-based pay gaps. Relying on past salary history to set current compensation can perpetuate historical inequities and should be approached with extreme caution.
Ontario's experience screams that it's not just an HR thing or a feel-good initiative; it's about cold, hard business success. Making gender equality a core part of how you operate can directly boost your bottom line.
Ontario's government has put out a plan, "Get on Board." This plan explicitly states that gender diversity is linked to greater productivity and innovation and stronger financial performance.
They are not just pulling this out of thin air. They even cite research showing that women's representation on Canadian boards now outperforms that of American companies across seven industries, including healthcare and technology.
This kind of public endorsement really changes the conversation. It helps businesses see these efforts as investments that pay off, not just expenses.
So, start treating gender equality like the strategic advantage it is. It's a powerful strategy to drive innovation, maximize human potential, and achieve stronger financial outcomes.
Article of Interest:
Lesson #2: Remove Barriers and Support Women’s Workforce Participation
While individual acts of discrimination are important to address, employers must also be mindful of systemic barriers that may disproportionately disadvantage female employees. This could include unconscious biases in hiring and promotion processes, lack of flexible work arrangements that can better accommodate caregiving responsibilities, or workplace cultures that inadvertently favor certain communication styles or behaviors. Proactive steps such as implementing blind resume reviews, offering flexible work options where feasible, and conducting regular equity audits can help identify and dismantle these systemic barriers, leading to a more equitable and inclusive workplace for all.
If you want more women rocking it in your workforce, you've got to actively clear the path. Ontario is showing us how addressing real-world hurdles can lead to progress for women.
The Canadian Province of Ontario also has the “Women's Economic Security Program” This program aims to make women financially independent by removing obstacles to career training.
Ontario, like many places, has seen the light on flexible work arrangements, a trend massively accelerated by the pandemic but already on their radar. This helps keep skilled women engaged in the workforce, especially those with family commitments.
This perk allows women to stay in the workforce and advance their careers without having to sacrifice family or well-being.
So, U.S. companies, what small or big barriers can you knock down? Could you partner with local skills programs that specifically support women or offer flexible schedules that go beyond lip service? Even providing resources on local childcare options or offering a Dependent Care FSA can make a difference.
Lesson #3: Set Clear Targets and Accountability for Women in Leadership
Employers bear a significant responsibility to create and maintain a workplace free from workplace harassment and workplace discrimination. This includes sexual harassment, which unfortunately remains a prevalent issue. Under the Occupational Health and Safety Act (OHSA), employers are obligated to have a written workplace harassment policy and to conduct investigations into reported incidents. Beyond legal compliance, fostering a culture of respect, where all employees feel safe and valued, is paramount. This requires proactive measures such as regular training, clear reporting mechanisms, and swift and appropriate responses to any incidents of harassment or discrimination. Ignoring or mishandling such situations can lead to significant legal and reputational damage.
Wishing for more women in the C-suite or on the board is nice, but it rarely moves the needle on its own.
The takeaway from Ontario? You need targets, and you need to hold people accountable. That old saying, "What gets measured gets done," is spot on here.
The Ontario government itself set a target: 40% women on all provincial boards and agencies by 2019.
Businesses were prompted to set a goal of 30% women on their boards and work towards that within a three- to five-year timeframe. This kind of public target-setting creates a focal point for action and injects a sense of urgency.
Canadian companies that set targets for women on boards have more women on their boards (35% versus 22%) than those without targets. That's a significant difference, suggesting that the act of setting a target drives intentionality.
If you are serious about increasing the number of women in leadership, good intentions alone won't suffice. Specific, measurable, achievable, relevant, and time-bound (SMART) targets should be set for women at various leadership levels.
Articles of Interest:
Lesson #4: Navigating Pregnancy and Parental Leave with Due Diligence
The rights of pregnant employees and those taking parental leave are clearly outlined in both the Human Rights Code and the ESA. Discrimination based on pregnancy or intention to take parental leave is strictly prohibited. Employers must ensure that pregnant employees are accommodated to the point of undue hardship, allowing them to continue working safely for as long as possible. Furthermore, employees returning from pregnancy or parental leave are entitled to reinstatement to their previous position or a comparable one. Understanding and adhering to the detailed provisions regarding leave duration, benefits continuation, and job security is crucial to avoid costly legal challenges and foster a supportive work environment for parents.
For too long, maternity leave has felt like a career speed bump, or worse, a roadblock for many women.
Ontario is showing that it doesn't have to be that way. In the Canadian Province, new parents are entitled to up to 18 months combined pregnancy and parental leave.
Notably, many progressive employers offer top-up payments. When new moms aren't as worried about making ends meet, they can actually focus on their new baby and their own recovery. That ultimately helps them return to work in a better state of mind.
In the U.S., there is still work to do. Many women worry about job security or missed promotions. And to that, health scares, and it’s easy to see why new moms feel overwhelmed.
The Enfamil lawsuit is a case in point. Parents of children who drank Enfamil formula and suffered from NEC have sued the manufacturer. Necrotizing enterocolitis, or NEC, is an intestinal disease that causes inflammation and death of tissue in the intestinal lining.
Families claim Mead Johnson & Company did not sufficiently inform consumers and healthcare professionals about the potential dangers. This has resulted in serious health issues and, tragically, fatalities.
American employers have a real opportunity here. They must step up, offer real support, and treat maternity leave as a chapter in a woman’s career, not the end of it.
The bottom line? No system is perfect, but Ontario employers are clearly doing something right. They are not just hoping for gender equality, but they are building workplaces where it actually happens. Not surprisingly, their businesses are thriving because of it.
American companies don’t have to reinvent the wheel. The roadmap is right here. All it takes is a little courage, a little commitment, and a whole lot of follow-through.
Articles of Interest:
All In A Nutshell ....
In conclusion, Ontario business owners must proactively educate themselves and their management teams on their legal obligations to female employees. Moving beyond mere compliance towards building a truly equitable and respectful workplace is not only a legal imperative but also a strategic advantage in attracting and retaining top talent and fostering a positive and productive work environment. Ignoring these lessons can lead to significant legal repercussions and, more importantly, undermine the principles of fairness and equality that are fundamental to our society.
You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and regulations regarding workplace harassment and workplace discrimination, and gender inequality against women will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
You may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights and your legal options.
With the right legal support, employees can navigate the challenges of unfair practices and work towards a more equitable and respectful work environment.
You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and regulations regarding workplace harassment and disability discrimination, and constructive dismissal will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Author Bio:
Faisal Bin Iqbal (aka Daniel Washington)
Faisal Bin Iqbal is a writer, journalist, and digital content and SEO strategist based in Bangladesh. He has years of experience in content and feature writing covering areas including, but not limited to, academics, career and skill development, tech, healthcare, and business. Faisal is currently working as a sub-editor and digital coordinator for The Daily Star, Bangladesh's largest English daily.
