(Ottawa) The federal government is asking a judge to dismiss a class action lawsuit brought by black public servants, arguing that it would be more appropriate to treat the case as a labor relations grievance.
Posted at 5:16 p.m.
The proposed class action, filed in federal court in 2020, alleges that about 30,000 black public servants have since the 1970s lost opportunities and benefits granted to others based on their group identity.
The statement says the suit is seeking damages to compensate black public servants for the mental and economic hardship they faced.
The plaintiffs are also asking for a plan to diversify the federal workforce and remove barriers that even employment equity laws have failed to remove.
In a lawsuit, the government argues that the Federal Court is not the appropriate forum to hear the case because the claim should be treated as a labor relations grievance.
Treasury Board spokesman Martin Potvin said the government’s position is that there is an existing process to deal with harassment and discrimination in the public service. He pointed out that these issues can be grieved under the Federal Public Sector Labor Relations Act, and that these grievances can be heard by the Labor and Employment Relations Board.
Nicholas Marcus Thompson, executive director of the “Black Class Action” Secretariat, pointed out that the group includes people who have never been hired by the federal government because of alleged discrimination, which means they cannot not file internal grievances.
“The government tells us to turn to the failing systems, which is why we were brought here in the first place – because there was nowhere else to turn to,” he said. declared.
He also argued that the issue should be approached as systematic discrimination and not at the individual level.
Last week, the same group of black civil servants filed a complaint with the United Nations Human Rights Council, accusing the federal government of racism, discrimination, xenophobia and intolerance.
Treasury Board President Mona Fortier said last week that the federal government is working to address harms and create an inclusive public service free from harassment and discrimination.