Pay Equity Hearings Tribunal
0822-09-PE Flemingdon Neighbourhood Services, Applicant v. David Lemire, Respondent.
BEFORE: Diane L. Gee, Chair, Margaret Kvetan and Pauline R. Seville, Members.
DECISION OF THE TRIBUNAL: October 23, 2009
This matter is an application pursuant to section 24(6) of the Pay Equity Act that was filed with the Pay Equity Hearings Tribunal (the “Tribunal”) on June 16, 2009. By way of Order dated March 26, 2009, a Review Officer ordered Flemingdon Neighbourhood Services (“FNS”) to amend its Proxy Pay Equity Plan to indicate that the job class of Executive Director is a gender neutral job class. By way of its application to the Tribunal, FNS seeks an order that the position of Executive Director is female dominated.
Having regard to the documentary and oral evidence presented to the Tribunal by FNS, the Tribunal finds as follows. The job class of Executive Director has a single incumbent. As of 1994, that incumbent was a male. During the period of 1982 to 1994, there were two male incumbents and two female incumbents. Males held the position for 6 of those years and a female held the job for 4.5 years.
In 1994, FNS was partially funded by the United Way. At that time, 137 agencies were United Way members. Of those 137 agencies, 91, or 66 per cent, had a female Executive Director.
As indicated by the Tribunal in Hatts Off Specialized Services Inc. v. Employees of the Employer, 2005 CanLII 60098 (ON P.E.H.T.) at paragraph 24, where a job class has a single incumbent, historical incumbency may not be a useful factor. Rather, some weight must be given to gender stereotyping in the field of work.
In the present case, we are dealing with a single incumbent job class. The incumbency as of 1994 and in the years prior would suggest that the incumbency is either gender neutral or male dominated. However, when one has regard to the incumbency of the position in the sector, 66% of Executive Director positions of United Way funded agencies were held in 1994 by women. The high percentage of women in the position of Executive Director of United Way funded agencies strongly suggests that there is a gender stereotyping in this particular field of work. In the Tribunal’s view, this factor must be given weight. In this case, it is our determination that the sector incumbency statistics from 1994 are sufficient to establish that the position of Executive Director at FNS is a stereotypically female position such that it is to be regarded as a female dominated position.
The Tribunal hereby varies the Order of March 26, 2009 so as to order Flemingdon Neighbourhood Services to amend its Proxy Pay Equity Plan to indicate that the job class of Executive Director is a female dominated job class.
“Diane L. Gee”
Diane L. Gee, Chair
“Margaret Kvetan”
Margaret Kvetan, Member
“Pauline R. Seville”
Pauline R. Seville, Member