OTTAWA — A leading advocate for Black employee rights is urging the federal government to update equity legislation and end its legal battle against a discrimination lawsuit that has already cost taxpayers more than $15 million.
Nicholas Marcus Thompson, president-director general of the Black Class Action Secretariat, told The Canadian Press that amendments to the Employment Equity Act are long overdue.
In 2023, former Labour Minister Seamus O’Regan announced the addition of two new designated groups under the Act: Black people and 2SLGBTQI+ individuals. The law requires federally regulated employers, including the public service, to take steps to remove barriers and maintain proportional representation of designated group members 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 an independent equity commissioner position.
Jessica Lacombe, a spokesperson for Employment and Social Development Canada, stated via 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 indicated that feedback received during the consultations is currently being analyzed to inform potential future amendments to the Act.
“Any information regarding modernization of the Act will be shared as it becomes available,” Lacombe said.
Speaking at an event marking the 30th anniversary of Black History Month in Canada earlier this month, Prime Minister Mark Carney acknowledged that while Canadian principles celebrate diversity, the country has not always lived up to that promise. He stated that the history of Black Canadians is one of “injustice overcome by resilience.”
Carney affirmed Ottawa’s commitment 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.
Given Carney’s recent statements, Thompson emphasized the importance of the government following through on its commitment to update the Employment Equity Act. “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 formation of an implementation council to push the government to produce the necessary changes.
“We are asking the government to incorporate these changes to which they have committed in the next budget,” he said. “They have agreed to do so, and yet we still have to fight for them to do it.”
Thompson asserted 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 become a world-class public service.”
Thompson also reiterated his call for the government to settle the class-action lawsuit filed in 2020 by Black federal employees alleging systemic racism within their workplace. A Federal Court judge dismissed the certification request last year, but the plaintiffs have appealed that decision.
According to a document from the Department of Justice, the government’s legal fees totalled approximately $15.02 million as of September 2025. Thompson indicated that, according to his estimates, the government has now spent around $20 million defending the case.
Ian McLeod, a spokesperson for the Department of Justice, stated that he could not comment on precise costs or updates, as “lawyer’s fees are generally covered by solicitor-client privilege.”
