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A federal public servant who lost nine job competitions for executive-level positions launched a complaint with the Canadian Human Rights Commission, alleging his treatment was the product of “reverse discrimination.”
William Miller argued that the Privy Council Office (PCO) discriminated against him through its employment policies, which set diversity hiring targets for federal departments.
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A 14-year veteran of the public service, Miller blamed his inability to gain a promotion on the fact he was not a member of a targeted employment equity group.
Designated groups under the federal Employment Equity Act include women, visible minorities, Indigenous peoples and those with disabilities.
Miller contended that federal departments routinely exceeded diversity hiring targets and cited publicly available statistics to support his case.
But the human rights commission declined to pursue his complaint. The commission said it was frivolous since the complaint did not establish a connection between PCO policies and Miller’s inability to win promotions.
Miller sought judicial review of that decision in Federal Court last year. He argued that PCO did not have to play a direct role in his hiring competitions for it to influence their outcomes.
But, in a recent ruling, Federal Court Judge Mandy Aylen upheld the commission’s decision not to proceed with Miller’s complaint.
“The commission reasonably concluded that the PCO had no control over hiring the applicant as they were not his employer,” the judge said. “While the PCO promotes special programs encouraging departments to hire individuals from employment equity groups, the commission reasonably found that the PCO has no authority or control over the hiring practices of the departments implementing these programs.”
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The Employment Equity Act requires federally regulated employers, such as the public service, banks and airlines, to target the four equity groups for hiring in order to eliminate the effects of systemic discrimination and create equality in the workplace.
According to federal data published in March 2023, women made up 56.6 per cent of the 253,411 employees in the public service, while composing 53.7 per cent of the larger workforce.
Visible minorities composed 21.7 per cent of the public service and 17.3 per cent of the larger workforce; Indigenous peoples made up 5.3 per cent of the public service and 3.8 per cent of the larger workforce; persons with disabilities formed 6.9 per cent of the public service and 9.2 per cent of the larger workforce.
Public servants can choose whether or not to self-identify as Indigenous, as a visible minority or as someone with a disability.
Court documents show Miller “complained that he did not have equal opportunity for advancement in his employment with the federal government and was unfairly discriminated against as a non-member of an employment equity group.”
Miller, who has since left the public service, could not be reached for comment.
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