Black Montrealer claims Quebec human rights commission is mishandling her workplace racial discrimination complaints

A Montrealer of Haitian descent says her complaints of racial discrimination and harassment in the workplace are being mishandled by two government bodies in Quebec.

Cultural worker Marie-France Barbier is accusing the Quebec human rights commission (CDPDJ) and the workplace health and safety board (CNESST) of transferring her complaints back and forth, leaving her in what she calls a state of “double victimization.”

Barbier says the CDPDJ is trying to pass the responsibility onto the CNESST and the Tribunal administratif du travail (TAT). But according to the Center for Research-Action on Race Relations (CRARR), the information they’re giving her is misleading and does not reflect the reality of the system.

“I asked the agent several times, can I be represented at both agencies? And they said, sure, sure, you can, you can,” said Barbier.

Concurrent complaints

In a statement to CityNews, a CNESST spokesperson broke down how the different organizations handle complaints.

They say complaints of psychological harassment in the workplace can be filed with the CNESST within two years of the harassment, at which point a “technical admissibility analysis” will be conducted to determine if the complaint is eligible. If eligible, a mediation service is offered. If the situation is not resolved, an administrative investigation determines if the complaint should be submitted to the TAT.

“It is up to the TAT to decide on the presence of a situation of harassment as well as on the employer’s compliance with its obligation in terms of prevention,” the CNESST said.

If the TAT determines wrongdoing, it can then order the employer, depending on the individual case, to take reasonable steps to stop the harassment; pay the employee damages or compensation for loss of wages; reinstate the employee; or pay for the psychological support required by the employee.

In cases where there could be discriminatory conduct involved in the workplace harassment, the CNESST and CDPDJ can “collaborate, in the exercise of their respective functions, to ensure respect for and full exercise of the rights and remedies recognized by the LNT (Loi sur les normes du travail) and the Quebec Charter of Human Rights and Freedoms.”

“In this regard, the two organizations have undertaken to inform employees of the various remedies available to them when the situation lends itself to them,” the CNESST spokesperson wrote. “In addition, a mechanism has been put in place so that each organization is informed of a concurrent complaint as soon as possible, always with the written consent of the complainant.

“Thus, since June 2019, each time a complaint regarding psychological or sexual harassment is received by the CNESST and it appears to involve discriminatory conduct, the person is informed of the possibility of recourse that they could have with the CDPDJ.”

‘Close cases without providing solutions’

Barbier and CRARR believe something is not quite working in how the CNESST, CDPDJ and TAT collaborate and interact.

“We are told to go to the CNESST and the TAT, but these organizations are not equipped to handle racial discrimination complaints. The CDPDJ uses the excuse of ‘double recourse’ to close cases without providing solutions,” Barbier said, who adds she has been struggling for months to have her case heard.

CRARR alleges the CDPDJ, which it says is often overwhelmed with cases, frequently closes racial discrimination files by citing the availability of other legal recourses. The current situation, according to CRARR, prevents any progress.

“For the past two years, I’ve been working with CRARR, trying to get some justice for the racial discrimination and racial harassment, sexual harassment that I experienced in my workplace over several years,” said Barbier.

“Racialized workers, when they are victims of discrimination and harassment based on race, when they seek help from the human rights commission and the labor standards commission, known as CNESST, they are bounced between the two systems back and forth. They are not given proper information about how these recourses work,” said CRARR executive director Fo Niemi.

Barbier tried to file concurrent complaints with each organization, but says she was told by the human rights commission that they could not treat her case while it was being dealt with by CNESST. Barbier says she has since closed her file with CNESST, which confirmed to CityNews the complaint was withdrawn on Oct. 28.

Barbier is now returning to the human rights commission because of her desire for systemic changes at her former workplace, where she alleges racial discrimination took place.

“What we want are prescriptive measures because if there are no prescriptive measures, the next employee coming after me is going to experience the exact same thing, and I know for a fact that people are still experiencing the same thing,” said Barbier.

However, pursuing a complaint with the human rights commission for Barbier could take much longer than with CNESST, up to three years according to Niemi.

“The Quebec human rights commission took one year just to continuously evaluate the complaint without even asking for more facts, and then at the end, in October, it said, ‘oh sorry, because your case moves faster at the CNESST, we’re going to recommend that your case be closed with us,'” Niemi said.

Quebec’s human rights commission tells CityNews these delays are the result of an increased number of complaints in recent years and a limited number of staff.

“There are about 200 people at the Commission, compared to CNESST where there are still many more,” said Audrey Asseman, the director of reception, evaluation and mediation at the CDPDJ.

“We have still managed to reduce our processing times over the last few years.”

Barbier is refusing to give up.

“I’m determined to really make this not only a case study, an example, but also really obtain some restitution,” she said.