Public service notebook: BCAS applauds government’s commitment to update the Employment Equity Act

The question remains whether there is adequate time for the current government to present and pass legislation prior to the election. Unlikely that a likely Conservative government would be so inclined:

Nicholas Marcus Thompson, chief executive officer of the Black Class Action Secretariat, said he was “very pleased” with the federal government’s commitment to “modernize” the Employment Equity Act, including by expanding designated equity groups, as outlined in Budget 2024.

The government first announced it would be updating the act to create new groups for Black and 2SLGBTQI+ people in December, alongside the release of the Employment Equity Act Review Task Force’s final report, which included that recommendation. The four current groups include women, people with disabilities, Indigenous people and members of visible minorities.

In April, the government reiterated its plans, announcing in the budget its “intention to propose legislative amendments” to the act.

“It will certainly go a long way in terms of addressing specifically anti-Black racism and discrimination,” said Thompson, who noted it “would have been nice” to see more measures around delayed mental health supports for Black employees, first announced in Budget 2022, as well as funding for the United Nations International Decade for People of African Descent included in the budget. “Black folks will not be excluded, hidden in the visible minorities category as it stands.”

In an interview, Anand said there was no funding for Black public servants included in the latest budget as funds remained from previous years.

“It’s not the case that we are forgetting that we want programming to support them, not at all,” said Anand, who in February announced the first initiatives of the government’s “action plan” for Black public servants.

BCAS filed a class action challenging the constitutionality of the Employment Equity Act in 2020, arguing that it violated the Charter of Rights by discriminating against and excluding Black employees.

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