Rungs on the Labour Law Ladder: Using Gender to Challenge Hierarchy

Abstract

This paper identifies the limitations that inhere in the conventional Canadian approach of using labour law to challenge women's subordination within the labour market.To do so, it draws upon my previous writing on the legal regulation of women's employment.My overarching research concern is to understand labour law's relationship to labour market inequality.I have used women workers as a focal point because historically they have been, and continue to be, located at the bottom of the labour market.1 While ascribed characteristics other than sex, such as race, ability, and aboriginal status influence a worker's position in the labour market, it is women with these characteristics who are situated at the bottom.2 Nonetheless, it is important Osgoode Hall Law School.The research on which this paper is based could not have been conducted but for the assistance of the Social Sciences and Humanities Research Council, Grant #410-93-1169. 1 want to thank the College of Law at the University of Saskatchewan for inviting me to speak to them on the topic of women and labour law, and Harry Glasbeek, Leah Vosko, and the anonymous reviewers of the Saskatchewan Law Review for their helpful comments on an earlier draft.I am, however, responsible for all errors and shortcomings in this paper.

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