Lawsuit alleging anti-Black racism in federal public service heads to Federal Court

OTTAWA — A Federal Court hearing got underway Monday to determine whether a group of Black public servants can proceed with a class-action lawsuit alleging discrimination in the federal government.

The certification hearing, which is happening in Toronto, could last up to 12 days.

The class-action is made up of some 45,000 people who worked for the government dating back to 1970. They are asking for $2.5 billion in damages for lost salaries and pensions.

“Today, we are escalating tactics,” said Nicholas Marcus Thompson, CEO of the Black Class Action Secretariat, outside the courthouse.

“State-sponsored discrimination is not acceptable.”

The plaintiffs allege widespread discrimination in the public service, citing reports of anti-Black racism at the Canadian Human Rights Tribunal and an internal report on discrimination at the Privy Council Office.

They say that Black public servants have been systematically denied opportunities for hiring and promotion due to their race, and that there is a hostile work environment and under-representation of Black employees in senior roles.

The federal government has said the plaintiffs could have brought individual concerns to the Canadian Human Rights Commission.

Government ministers have said they remain committed to removing barriers and ensuring Black employees have every opportunity to succeed.

A Senate report on anti-Black racism in the Canadian Human Rights Commission released last December found a “crisis of confidence” in the body and questioned its ability to respond to human-rights complaints in a “fair and equitable manner.”

The study was prompted by grievances against the commission over its treatment of Black and racialized employees.

Senators found some employees were harmed by their employer, and the report noted that workplace discrimination can have significant and lasting effects.

“It is never acceptable, yet it is a daily fact of life for many Black and racialized people in Canada,” the report said.

Standing with the plaintiffs in Toronto, NDP Leader Jagmeet Singh said federal employees should be confident they won’t be discriminated against in the workplace.

“Stop fighting workers in court, and settle this case,” he urged the government.

This report by The Canadian Press was first published Oct. 28, 2024.