OTTAWA – A leading advocate for Black employees is urging the federal government to update its equity legislation and drop its legal battle against a discrimination lawsuit that has already cost taxpayers more than $15 million.
Nicholas Marcus Thompson, director of the Black Class Action Secretariat, told The Canadian Press that amendments to the Employment Equity Act have been long overdue. In 2023, then-Labour Minister Seamus O’Regan announced the addition of two new designated groups under the Act: Black people and people identifying as 2SLGBTQI+.
The law requires federally regulated employers, including the public service, to take steps to remove barriers and maintain proportional representation of designated groups in the workforce. A report from the Task Force on the Review of the Employment Equity Act, released simultaneously, recommended adding these new groups and included dozens of other recommendations, such as establishing a steering committee on employment equity data and creating a chief equity officer position.
Jessica Lacombe, a spokesperson for Employment and Social Development Canada, stated in an email that the government has since conducted consultations with affected communities and organizations representing unions and employers to determine the best way to implement the task force’s recommendations. She added that feedback received during the consultations is currently being analyzed to inform potential future changes to the law.
“Any information regarding modernization of the Act will be communicated as soon as This proves available,” Lacombe said.
Speaking at an event marking the 30th anniversary of Black History Month in Canada earlier this month, Prime Minister Mark Carney affirmed that while Canadian principles celebrate diversity, the country has not always lived up to that promise. He described the history of Black Canadians as “a story of injustices overcome by resilience.”
Carney stated Ottawa is committed to empowering Black Canadians, citing planned budgetary measures in the upcoming federal fall budget to support Black entrepreneurship, as well as mental health and wellness programs.
Thompson emphasized the importance of the government following through on its commitment to update the Employment Equity Act, given Carney’s recent statements. “The community demands a clear response from the government as to when it intends to honour this commitment,” Thompson said, adding that he will soon announce the creation of an implementation council to push the government to make the necessary changes.
“We are asking the government to incorporate these changes that they have committed to in the next budget,” he said. “They agreed to do so, and yet we still have to fight for them to do it.”
Thompson argued that Carney’s government has an opportunity to fulfill the promise of the previous Liberal government. “It would be historic,” he said, adding that he would like to see the government implement other recommendations made by the task force. “It would be a legacy for future generations of workers, and it would help to establish equal opportunity not only for Black workers, but for all marginalized workers. This change would allow us to grow a world-class public service.”
Thompson also indicated he is still seeking a resolution to the class-action lawsuit filed in 2020 by Black public servants alleging systemic racism within their workplace. A Federal Court judge dismissed an authorization motion last year, but the plaintiffs have appealed that decision.
According to a Department of Justice document, the government’s legal fees had reached approximately $15 million as of September 2025. Thompson estimates the government has now spent around $20 million defending the case.
Ian McLeod, a spokesperson for the Department of Justice, stated he could not comment on precise costs or updates, as “lawyer’s fees are generally covered by solicitor-client privilege.”
