캐나다의 임금차별 판단 법리에 관한 비교법적 검토

Canada is the leading country in terms of developing and implementing wage discrimination law which covers not only comparable worth theory but also proactive pay equity system. Comparative study on Canadian law can shed light on how to interpret comparable worth provision under Korean Equal Employment Opportunity Act. Firstly, according to Canadian Equal Wages Guidelines and case law, job value of the protected group can be compared to that of the other group with no restriction. Decision of the comparator is not necessarily limited to the current job classification in the workplace. Secondly, analytical job evaluation is recommended in wage discrimination suit. Otherwise, subjective and arbitrary bias of judges or employers can taint their decision. As analytical job evaluation is not prevalent in Korea yet, support from government is needed to encourage objective evaluation system. Thirdly, some Canadian provinces allow the plaintiff to rely on proportional wage comparison method. This means that wage discrimination can be claimed, even if there is no member of the opposite sex group holding equal work in the establishment. The plaintiff can claim that her wage should be proportional to her job's worth.