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Women should not have to bear the financial burden created by employers who have yet to conform to Quebec’s pay-equity law, the Supreme Court of Canada ruled Thursday.

The ruling, upheld by six of the nine justices, is the first time the Supreme Court has ruled that a law created to ensure equal pay for men and women is unconstitutional.

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The Supreme Court issued two rulings on two separate cases dealing with Quebec’s pay-equity law, which was adopted in 1996. One of the rulings upholds a section of the legislation, while the other strikes down three. In both cases, the justices concluded the provincial law violates the right to equality guaranteed by Article 15 of the Canadian Charter of Rights and Freedoms.

Justice Rosalie Abella wrote that modifications to the law by the Quebec government in 2009 impede pay equity. The objective had been to maintain equity by evaluating employers every five years to ensure they were following the law. Those found to be in violation were obliged to adjust future salaries accordingly, but no retroactive compensation was included in the process.