A Federal Court hearing in Toronto began to determine whether a class-action lawsuit filed by a group of Black public servants alleging discrimination in the federal government could proceed. The class-action involves about 45,000 individuals who have worked for the government since 1970 and are seeking $2.5 billion in damages for lost salaries and pensions. The plaintiffs claim that Black public servants have faced systemic discrimination in the form of denial of hiring and promotion opportunities, a hostile work environment, and under-representation in senior roles. They cite reports of anti-Black racism at the Canadian Human Rights Tribunal and an internal report on discrimination at the Privy Council Office as evidence of widespread discrimination.
The federal government has suggested that the plaintiffs could have addressed their concerns individually to the Canadian Human Rights Commission, but the group has chosen to pursue a class-action lawsuit instead. Government ministers have stated that they are committed to eliminating barriers and ensuring that Black employees have equal opportunities to succeed. There have been calls for action after a Senate report released in December highlighted a “crisis of confidence” in the Canadian Human Rights Commission regarding its handling of complaints related to anti-Black racism. The report also noted the significant and lasting effects of workplace discrimination on employees.
The Senate report was initiated due to grievances by Black and racialized employees against the Canadian Human Rights Commission. It revealed instances where employees were harmed by their employer and emphasized the detrimental impact of workplace discrimination. NDP Leader Jagmeet Singh expressed support for the plaintiffs in Toronto, urging the government to stop fighting workers in court and to settle the case. The ongoing certification hearing for the class-action lawsuit is expected to last up to 12 days, during which arguments and evidence will be presented related to the alleged discrimination faced by Black public servants in the federal government. The plaintiffs are determined to hold the government accountable for what they see as widespread state-sponsored discrimination that must be addressed and rectified.
