In New Brunswick, the law requires equal pay for equal work. If you are a woman being paid less than a male colleague for substantially the same job, you can file a free complaint with the Human Rights Commission to demand equalized wages and potentially recover up to 12 to 24 months of retroactive back pay.
Discovering that you are being paid less than a male colleague for doing the exact same work is infuriating. Despite decades of progress, the gender pay gap remains a stubborn reality in many industries. Knowing how to file a grievance for gender-based wage discrimination under New Brunswick human rights laws is your strongest tool for enforcing your right to fair compensation. 💼 Whether you work at a corporate office in Fredericton, a retail store in Moncton, or a factory in Saint John, your employer cannot legally base your salary on your gender.
Under both the provincial Employment Standards Act and the Human Rights Act, employers are strictly prohibited from paying female employees a lower rate of pay than male employees who perform work of equal value in the same establishment. This includes basic salary, performance bonuses, and vacation pay. In this guide, we will outline the concrete steps you can take to challenge pay inequity and secure the wages you have rightfully earned.
Step-by-Step Process to Challenge Wage Discrimination in New Brunswick
Filing a successful grievance requires more than just a feeling of unfairness; it requires solid comparative evidence. The legal standard requires you to prove that the work requires similar skill, effort, and responsibility, and is performed under similar working conditions. Here is how most employees build their case.
Step 1: Gathering Concrete Evidence of the Pay Gap
Before making formal accusations, try to gather factual data. Under the new New Brunswick Pay Transparency Act (Bill 24, which received Royal Assent on June 12, 2026), gathering this information has become significantly easier. This landmark legislation legally obligates employers to include salary ranges or expected hourly rates in public job postings. It also prohibits employers from asking you about your salary history during the hiring process. Furthermore, the Act officially protects you from any employer reprisals or penalties for openly discussing or disclosing your wages with coworkers. If a male coworker confirms his higher salary for the same role, document his job description, daily duties, and seniority level to show that your jobs are fundamentally identical.
Step 2: Raising the Issue Internally with HR
Give your employer an opportunity to fix the “mistake.” Schedule a formal meeting with your manager or the Human Resources department. Present your research calmly and professionally, asking for an immediate salary adjustment and retroactive back pay. Sometimes, the threat of an escalating legal issue is enough to force a company to conduct an internal pay equity audit and correct your wages.
Step 3: Filing a Complaint with the Provincial Government
If your employer refuses to adjust your pay or invents vague excuses (like “he negotiated better”), you must take external action. 📬 You can file a formal complaint with the New Brunswick Human Rights Commission or the Employment Standards Branch. While the Commission’s investigators will audit the payroll records and attempt to resolve the issue through mediation, they do not have the power to issue binding orders themselves. If no settlement is reached, the Commission will refer your case to the New Brunswick Labour and Employment Board (LEB), which has the sole legal authority to issue a formal order forcing your employer to equalize your pay and compensate you for the shortfall.
How Much Does it Cost in New Brunswick?
Fighting for equal pay does not require you to spend thousands of dollars upfront. Here is a breakdown of the typical financial elements involved in a wage discrimination case:
| Process / Remedy | Cost or Financial Value (CAD) |
|---|---|
| Filing with the NB Human Rights Commission | $0 (Free government service) |
| Hiring an Employment Lawyer (To draft the claim) | $500 – $1,500 CAD |
| Potential Back Pay Award | The total difference in wages for the discriminatory period |
| General Damages for Discrimination | Usually $2,000 to $10,000+ CAD |
While the government handles the investigation for free, hiring a law firm on a contingency basis ensures your legal arguments are airtight and maximizes the retroactive compensation you receive.
How Long Does the Process Take?
You must act quickly: under New Brunswick law, you generally have a strict limitation period of 1 year from the last discriminatory paycheck to file a human rights complaint. ⏱ Once filed, an investigation by the Commission can be a slow process, often taking 1 to 2 years to reach a final resolution or tribunal hearing. However, most employers opt to settle these cases privately within 4 to 8 months to avoid negative public relations.
Frequently Asked Questions (FAQ)
Can an employer pay a man more because of seniority?
Yes. The law allows for wage differences if they are based on a formal seniority system, a merit system, or a system that measures earnings by the quality or quantity of production. However, these systems must be applied equally and transparently to both men and women.
Can I be fired for complaining about my pay?
Absolutely not. Both the New Brunswick Human Rights Act and the newly enacted Pay Transparency Act (Bill 24) provide explicit and powerful protections against employer reprisal. If your employer fires, demotes, or penalizes you for discussing your salary, asking about pay scales, or filing a wage discrimination complaint, they will face severe legal and financial consequences.
Does this law apply to part-time workers?
Yes. Equal pay laws apply regardless of whether you work full-time, part-time, or on a casual basis. If a part-time female employee performs the same duties as a part-time male employee, their hourly wage rate must be identical.
What if the employer claims the man simply “negotiated better”?
Canadian human rights tribunals have consistently ruled that “better negotiation skills” is not an acceptable legal defence for a systemic gender wage gap. Employers are responsible for ensuring that initial salary negotiations do not result in illegal, gender-based pay disparities for the same work.
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