OSHAWA

A Canada Revenue Agency worker alleges his employer discriminated against him because he had the misfortune of being born a white man.

Joe Bate, 40, is representing himself in the Federal Court case. He claims he was an “efficient and productive” appeals officer for CRA, outshining many of his colleagues.

But instead of being promoted, he says his employer used the Employment Equity Act to pass him over.

“I could be twice as efficient (as my co-workers), have better communication skills ... but, unfortunately, I was born white,” Bate told the court Tuesday.

He said the Employment Equity Act was passed in 1986 to ensure inclusion in the workplace of four groups — women, visible minorities, aboriginals and persons with disabilities. But, he said, it excludes “one specific group.”

“What a vicious cycle of discrimination,” he said.

Bate pointed out when Canada allowed women to vote in 1918, it didn’t stop men from voting, nor was heterosexual marriage banned when gay marriage was legalized a decade ago.

“I feel as an able-bodied white male, I’m the only person excluded by a law meant to benefit all Canadian citizens,” he told the Toronto Sun outside court. “And I feel my employer has gone beyond the requirements of the law to represent (members of the four categories) and not me.”

Bate said a management position opened up at his Whitby office in 2013 and he felt he was a lock. But his bosses allegedly made it clear the promotion would go to someone from one of the designated groups, even though, by Bate’s estimation, about 95% of the staff in the office at the time was women and visible minorities.

Bate went on disability in 2014 after developing mental health issues, which he says were brought on by the stress of standing up to his employer.

He submitted evidence showing CRA has boastedabout exceeding national hiring requirements for each category for at least 12 years.

He alleged CRA promotes workers from the four categories who are “mostly qualified” in their current position over employees who are more skilled.

“This is discrimination towards me and (an) irresponsible use of taxpayer dollars,” he said.

Using a hockey analogy, Bate asked the court to imagine if Team Canada implemented the Employment Equity Act and refused to allow Wayne Gretzky to play, or Don Cherry to coach, instead picking players who can “at least skate” just because they’re women or visible minorities.

Bate said the federal government has had 30 years to eliminate discrimination in the workplace and he believes it’s time to re-examine the Employment Equity Act.

“I’m not naive enough to think these four groups were not discriminated in the past,” he said outside court. “But when does it end?”

During her brief defence, justice department lawyer Debra Prupas argued CRA is “not going beyond the law” and Bate’s issue is with the Employment Equity Act, not the government agency.

She refused to comment after the hearing because the matter is before the courts.

The judge will rule in the coming weeks.

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After nearly a decade as an auditor for the province, Joe Bate began working as an appeals officer with Canada Revenue Agency. Within a couple of years, he says, his career came to a grinding halt.