Class Action Lawsuit Over Alleged Racism in Federal Employment Set to Begin
A class action lawsuit seeking $2.5 billion from the Canadian federal government is scheduled to commence in Federal Court in Toronto on Monday. The suit, brought forth by Black public servants, alleges systemic racism in hiring and promotion practices that has led to significant losses in salaries and pensions over decades.
The lawsuit encompasses approximately 45,000 Black government employees and job applicants, asserting that discriminatory practices have been pervasive across multiple federal departments and agencies since as far back as 1970. The plaintiffs argue that these systemic issues have resulted in substantial financial losses, prompting them to seek damages from the government.
Nicholas Marcus Thompson, the lead plaintiff and president of the Black Class Action Secretariat, emphasized the broader implications of the case, stating, “It is not only about financial compensation, but also about holding the government accountable and building a more equitable public service. The significance of this case goes beyond individual plaintiffs — this is about creating institutional reform so that future generations of Black Canadians do not face the same barriers in employment.”
The hearing is expected to last up to 12 days, focusing on whether the lawsuit can be certified, a necessary step for class actions before proceeding to trial. Thompson characterized the lawsuit as “the largest, broadest, and most high-profile employment-related discrimination case in Canadian history,” highlighting its potential to effect meaningful change.
Since the initial filing nearly four years ago, the federal government has expended approximately $8 million in legal efforts to contest the lawsuit. Government representatives argue that existing channels, such as the Canadian Human Rights Commission and the internal grievance process within public service, provide adequate means for addressing such complaints.
In a bid to improve conditions for Black public servants, Treasury Board President Anita Anand unveiled an “Action Plan” earlier this year. This initiative aims to enhance career mobility and mental health support for Black employees. Key components of the plan include nearly $7 million allocated to the Canada School of Public Service for an executive leadership program, alongside $6 million directed towards Health Canada to bolster counselling services for Black public servants.
Furthermore, the federal government has committed a total of $49.6 million in its 2022 and 2023 budgets to establish career development programs and a dedicated mental health fund for Black employees in public service.
A task force that examined potential reforms to the Employment Equity Act delivered 187 recommendations to the government in late 2023. Among these was the proposal to create a distinct classification for Black workers, addressing concerns that they are currently categorized under a broader “visible minority” label. This shift is seen as a crucial step towards achieving equity within federally regulated industries.
Despite these developments, a resolution to the class action lawsuit remains elusive. “Canada has admitted to the pain and suffering systemic discrimination has caused Black people,” Thompson remarked. “Yet, the government continues to bring technical arguments, trying to individualize the experiences of thousands of workers rather than addressing the system that has failed them.” The outcome of the upcoming court proceedings could significantly impact the future of employment equity for Black Canadians within the federal government.