You can be biased, you can be racist, but you must apply the law! Giant win for African-Caribbean workers in Canada

BY SIMONE J. SMITH

Systemic racism and discrimination in employment opportunities have been long standing issues in Canada. African-Caribbean individuals, along with other marginalized groups, have faced barriers that hinder equal access to employment, career advancement, and fair treatment in the workplace. These barriers have manifested in various forms, biased hiring practices, unequal pay, limited career development opportunities, and workplace discrimination.

In Canada, minimal efforts by the government have been made to address these issues; organizations, and advocacy groups like the Black Class Action Secretariat (BCAS) have been working to raise awareness about the challenges faced by African-Caribbean individuals, and other underrepresented groups and to implement policies and initiatives to promote equal opportunities.

In 1986, the Employment Equity Act aimed to promote equal employment opportunities for Indigenous peoples, women, visible minorities, and people with disabilities. However, African-Caribbean individuals have been consistently excluded from employment opportunities within the ‘visible minorities’ category and continue to face ongoing systemic anti-Black racism and discrimination. The Blackett Report proposes measures to ensure substantive equality for all underrepresented groups, including the creation of a new equity group for 2SLGBTQI+ people.

In December 2020, Black federal workers filed a landmark class action against the federal public service, challenging the constitutionality of the Employment Equity Act. They pointed out its failure to recognize and protect African-Caribbean employees’ rights under the Charter of Rights. At the same time, the BCAS advocated for distinct recognition of African-Caribbean people, leading the government to set up the task force in July 2021.

As a community, we have reason to celebrate; in a monumental step forward for equity and inclusion in Canada, the Black class action lawsuit, and the work of the Black Class Action Secretariat (BCAS) have achieved a significant victory. The Government of Canada announced that it will recognize African-Caribbean people as an employment equity group in the Employment Equity Act, accepting the recommendations from the Employment Equity Act Task Force Report, chaired by Professor Adelle Blackett. This victory represents a significant milestone for the entire nation, as it aligns with Canada’s commitment to justice and equity.

“This announcement is a victory for Black people who endured discrimination for years and courageously advocated for change. Black women in particular have experienced the highest rates of racial discrimination and can now thank Dr. Blackett, a Black woman herself, for righting the wrongs of the Federal Public Service. We commend the government for implementing her recommendations and urge the House to legislate these new measures without further delay.” Ketty Nivyabandi, Secretary General, Amnesty International Canada.

“This moment is historic and long overdue. History will once again record the power of possibility when voices for human rights unite – millions of Canadians will benefit. This policy makes Canada stronger, ensuring that all Canadians can realize their full potential.” Tyler Boyce, Executive Director, The Enchanté Network.

As soon as I received the email, I instantaneously called Nicholas Marcus Thompson, Executive Director of the Black Class Action Secretariat to congratulate him on this incredible news.

“Thank you for calling Simone,” Nicholas began, “It is a great step, and we celebrate this historic accomplishment, which paves the path for Black Canadians to receive the full protection and benefits of the Employment Equity Act.

I thank the legal team, representative plaintiffs, the thousands of class members, and many organizations including: Amnesty International, Michaëlle Jean Foundation, African Nova Scotian Justice Institute, and labor unions: CLC, PIPSC, PSAC, NUPGE who have stood with us on this historic journey. We express our profound gratitude to the Government, Professor Blackett and the other members of the Task Force for their unwavering dedication to ensuring that no one is left behind.”

 “We have been pushing from day one. In the Class Action we challenged the Employment Equity Act, and we started pushing for equality. Black workers need a separate category, because when we are lumped in with everyone else, we are left behind. Recognition, justice, and development; we have to look at what it means to be recognized; it means that they will always have to look and see if there is a Black gap. They will have to determine if we are underrepresented and fill those positions with qualified candidates. Public services at all levels will now have Black people in positions that will allow them to succeed.”

While celebrating the victory, the BCAS acknowledges the ongoing journey towards justice and equity. Committed to advocating for all Canadians, the Secretariat aims to build a Canada rooted in justice and equity. The class action continues, focusing on dismantling barriers for Black workers and addressing the historical injustices that have affected Black federal public service workers and their families. This effort is key to correcting systemic discrimination faced by generations of these workers.