Black Class Action Certification Hearing

Throughout the months of October and November, the Black Class Action Secretariat’s fight against discriminatory hiring and promotion practices by the Government of Canada was brought to court for a certification hearing. Over roughly 14 days, we heard stories of Black federal public servants and retirees being mistreated, passed over, and blatantly discriminated against by the individuals they worked for.

One of the plaintiffs had been working in the position they applied for for several years, only for their manager to start the selection process over 3 times until a different candidate was at the top of the list. Another plaintiff had a beheaded black Barbie doll left at her desk, while several others were called the N word to their face by colleagues and superiors. Many black employees are kept in entry level positions, and under the Treasury Board, black employees are overrepresented in lower paying positions. Black people remain unseen and unheard, which can lead to low morale in their jobs and a lack of job satisfaction.

It was difficult listening to the lawyers make claims that the plaintiffs in question must have not passed a test and that was the reason why they were not chosen for the position. They also claimed that this fight is solely about monetary gain and pension entitlements. The lawyers for the defense also believed that the numbers may be underrepresented due to a lack of self-identification. While this argument may potentially be true, they failed to consider the fear that employees may have to self-identify as Black and the fear that self-identifying may mean self-screening out of a process due to stereotypes by those in control of hiring.

This lawsuit is important to me as a Black federal public servant because it is hard to find the representation I look to for inspiration around me in my work environments and selection committees. Given that there is more of an emphasis on choosing the best fit, it sometimes gives hiring managers discretion and an opportunity to choose applicants based on personal biases, whether it be on purpose or not.

During the hearing, I got the pleasure of meeting PSAC’s National President, Sharon DeSousa, who came to show support for the lawyers, plaintiffs, and class action members. She spoke about potential upcoming cuts which could affect people of colour more as most racialized members were hired into the public service in or after 2013. It was not only our union’s president who came to support, but NDP leader Jagmeet Singh as well. In solidarity, members from CAPE, postal workers, other public servants who do not work directly for the Government of Canada (like individuals who work for the provincial government) also came to show support and spread positivity. I also got the chance to spend time with many other Black public servants, and although the case was difficult and even infuriating at times, there was a sense of community and love growing amongst those who were able to attend while we cried and marched together.

As we patiently wait for Justice Gagné’s decision on a motion that was brought up as well as her decision on whether this lawsuit could move forward as a class action, I encourage everyone who can handle the traumatizing stories told in Dr. Zeller’s report titled “A study on the Black Executive Community in the Federal Public Service” to read it. The stories are real and heartbreaking, however, they highlight the Black experience working for many employers in different sectors, not only within the federal public service.

I would like to thank PSAC for their continued support in the Black Class Action, and would ask everyone to keep the plaintiffs, lawyers and legal team in your thoughts and prayers as this fight is not easy and can take a mental, physical and emotional toll. These class members are committed to their employer, and are looking for their employer to see their value as individuals and not just their skin tone when they enter the workplace.

In solidarity,
Nicole McClymont, Head Steward