Public Service Alliance of Canada files Human Rights Complaint after dismissal of Black Class Action Lawsuit

BY PAUL JUNOR

The announcement that the Federal Court had denied the certification of the Black Class Action Lawsuit was met with shock, surprise, alarm and disappointment.

Details of it were released in a press release by PSAC which was issued on Friday, March 21^st, 2025. In a subsequent press release on Thursday, March 27^th, 2025, by PSAC it was revealed that a human rights complaint was filed with the Canadian Human Rights Commission over anti-Black racism in Canada’s public service sector.

Details about the Black Class Action Lawsuit which seeks $2.5 billion in damages on behalf of thousands of former and current federal Black public servants which was filed in 2020 can be seen on the website: https://www.blackclassaction.ca. It seeks, long-term solutions to permanently address systemic racism and discrimination in the public service of Canada.

“Instead of fixing the problem, the government fought Black workers in court hoping it would just go away.”

The Public Service Alliance of Canada (PSAC) is Canada’s largest federal public service union, which represents approximately 250,000 workers that includes over 180, 000 federal public service workers. PSAC has been active as the certified bargaining agent for most of the 1500 plaintiffs class members. It has supported the BCA lawsuit financially and legally in attempts to ensure that this matter is resolved. PSAC states it “Remains committed to promoting their access to justice. When Black workers win, workers from all marginalized groups will benefit.”

Sharon Desousa, National President of PSAC states, “The court’s decision is a stark reminder that Black public service workers continue to be denied justice. The federal government has consistently stonewalled efforts to dismantle systemic racism within its own ranks while actively undermining and dismissing the lived experiences of Black public service workers.”

The PSAC notes that even though the Federal government has recognized the existence of systemic racism and particularly anti-Black racism it has not gone far enough. It has spent over $10 million fighting attempts to have the lawsuit certified over the past two years. The government argues that the Federal Public Sector Labour Relations (FPSLR), and the Public Service Employment Act (PSEA) are mechanisms that Black public service workers can access to file grievances and complaints.

The fact that the Federal government has settled other discrimination related class action lawsuits, such as the sexual misconduct class action at the Department of National Defence, concerns PSAC. President DeSousa notes,”We will continue to fight alongside our members to restore justice for decades of mistreatment and discrimination in the federal public service.”

The report of the filing of the human right complaint by PSAC with the Canadian Human Rights Commission is the next step in its quest for justice for these Black federal public service workers. The press release notes, “The complaint challenges decades of: systemic discrimination, racist comments, microaggressions, and policies and practices that unjustly blocked Black workers from career advancement.”

President DeSousa states, “For decades Black federal public service workers have endured racism at work, been shut out of job opportunities, and denied the safe workplace they deserve.” She believes the Federal government has failed these workers. She elaborates, “Instead of fixing the problem, the government fought Black workers in court hoping it would just go away. We won’t back down until the government is held accountable and our members get the justice they deserve.”

There are several areas that PSAC identified that Black federal public service workers have experienced. These include:

• Racist comments, microaggression and discriminatory behaviour
• Heightened scrutiny and disproportionate discipline
• Dismissal, or downplaying of discrimination and harassment complaints
• Barriers to hiring and promotion
• Unequal access to training, mentorship and career development
• A failure to address anti-Black racism and bias in staffing process