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Government finds that Canadian Human Rights Commission discriminated against workers

Commission breached 含羞草研究社渘o discrimination含羞草研究社 clause in its collective agreement

A central government agency has found discrimination against workers within a Canadian institution specifically designed to root it out.

The Treasury Board Secretariat found last week that the Canadian Human Rights Commission, whose mandate is to protect the core principle of equal opportunity, discriminated against Black and racialized employees.

A decision dated March 6, obtained by The Canadian Press, says the commission breached the 含羞草研究社渘o discrimination含羞草研究社 clause in its collective agreement with three major public service unions.

含羞草研究社淚 encourage the parties to engage in mediation to seek a meaningful resolution to the issues outlined in this policy grievance,含羞草研究社 Carole Bidal, an associate assistant deputy minister at the agency, said in her decision.

含羞草研究社淎s federal institutions, we seek to create a workplace that is diverse and inclusive, and where every public servant can make the best possible contribution to serving Canadians.含羞草研究社

The Association of Justice Counsel said in a statement that the decision is 含羞草研究社渁n important win,含羞草研究社 and one that will have consequences across the federal public service.

The union, which represents government lawyers, had filed a formal grievance in 2020, in tandem with the Public Service Alliance of Canada and the Canadian Association of Professional Employees.

The grievances alleged that 含羞草研究社減olicies, procedures, practices and attitudes含羞草研究社 had a negative impact on Black and racialized people and were 含羞草研究社渂arriers to their advancement, health, safety and overall well-being.含羞草研究社

In a press release, the lawyers union said it was dissatisfied with the commission含羞草研究社檚 response when employees told management about their experiences after the commission made a public statement supporting the Black Lives Matter movement.

含羞草研究社淲e attempted to work with the commission to help improve the workplace and help the commission regain the trust of its racialized and Black employees,含羞草研究社 the justice counsel association said in a press release on Thursday.

But the commission responded by 含羞草研究社渃onducting a unilateral, non-inclusive investigative process involving outside parties without fully consulting with employees or their bargaining agents,含羞草研究社 it said.

含羞草研究社淩acism has absolutely no place in our institutions,含羞草研究社 Justice Minister David Lametti said in a statement, adding that the information arising out of the grievance is 含羞草研究社渂oth concerning and disappointing, not least because of the institution involved.含羞草研究社

Lametti noted that the chief commissioner含羞草研究社檚 position is currently vacant and said 含羞草研究社渨e are working to appoint new leadership.含羞草研究社

He said he had a 含羞草研究社渇rank conversation含羞草研究社 with the current leadership to discuss the steps the institution is taking to address the issue.

The commission said in an email Thursday night that it has an updated action plan to deal with the effects of societal systemic racism and discrimination as an employer, service provider and regulator, and human rights advocate.

含羞草研究社淎s an employer, we are committed to creating an open, healthy, safe and inclusive workplace that has at its core the principles of anti-racism and equity,含羞草研究社 the commission said.

含羞草研究社淲e value and respect the diversity of our commissioners, leadership and staff. We are mindful of the various historic and structural inequities that have created societal barriers for Indigenous, Black and other Racialized people.

含羞草研究社淲e are committed to ensuring that anti-racism and equity measures continue to promote full participation of our diverse staff.含羞草研究社

Bidal含羞草研究社檚 decision said that the commission had already taken 含羞草研究社減roactive steps to address these matters,含羞草研究社 and had indicated an interest in engaging with bargaining agents and employees to find a solution. It did not detail what steps the commission has taken.

The lawyers union said Thursday that in light of the Treasury Board含羞草研究社檚 decision, it hopes the commission含羞草研究社檚 leadership will now join the calls for a formal audit. It had written to parliamentarians and the federal auditor general with such a request in 2021.

含羞草研究社淚f the CHRC is to maintain the trust and confidence of Canadians to protect them from systemic racism, then it must first look inwards and reform its internal practices,含羞草研究社 the union含羞草研究社檚 press release said.

The union added that following the Treasury Board decision, it is 含羞草研究社渃onsidering its options含羞草研究社 in consultation with its members and sister bargaining agents.

The Treasury Board Secretariat said in a statement that it is 含羞草研究社渃ommitted to ensuring access to a robust grievance process that addresses issues as they arise.含羞草研究社

It said it 含羞草研究社渞emains available, at the request of the parties, to support the parties as they continue to work towards achieving a harassment- and discrimination-free workplace.含羞草研究社

含羞草研究社擬arie-Danielle Smith, The Canadian Press





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