Two years after he filed a complaint with the Canadian Human Rights Commission, Bill Ferguson wonders whether his case will ever be brought before a tribunal.

What he is clear about is that older, white males can face discrimination at the hands of authorities.

Ferguson, a longtime labour representative, served from 1972 to 2009 as a worker representative on the regional board of referees, which hears employment insurance appeals.

Every three years, Kamloops and District Labour Council would put forward his name to the Canadian Labour Congress, along with that of Jack Kerssens, and the congress would re-appoint them to the board. Chambers of commerce make similar nominations while the federal government appoints a chair.

"These were set up way back in the 1940s," Ferguson explained. "There is an appeal process, which is very good and costs nothing."

The local board had one of the best records in Canada for winning cases on behalf of claimants, he said.

When he went to re-apply for the position in 2009, Ferguson was told that the rule had changed; that anyone who had served three consecutive terms would not be re-appointed. He is convinced that the new rule was a tactic to get around anti-discrimination law, masking a desire to replace older, white males on the boards.

When the labour council inquired about local appointees a few years earlier, Trish Blackstaffe, a commissioner with Canada Employment Insurance Commission, revealed her hand.

"My role requires that I ensure the full and effective functioning of each board, as far as I am able," Blackstaffe told the local council. "And, in the instance of the Kamloops board, I know that there are two very senior, white, male board members …"

Blackstaffe went on to suggest both Kerssens and Ferguson had serious health issues, which was not the case.

"Every one of these counts is prohibited under the Human Rights Act," Ferguson said.

He also obtained minutes from labour council meeting in 2006, where a Canadian Labour Congress representative raised the same points about older white males and a need for affirmative action. A later council raised objections that time and the pair was re-appointed in that instance.

Ferguson filed his complaint in 2009, alleging Human Resources and Skills Development Canada and the Employment Insurance Commission had conspired with the labour congress to discriminate on the basis of age, gender and race.

"It's demeaning for one thing," said Ferguson, now 82. "Even if you're old, white and have ever had health problems, what's that got to do with being on a board of referees? Nobody challenges my ability, or Jack's."

He is confident his complaint has merit, but has no confidence that justice will be served.

"Really, this thing is two-pronged. My main objection now is that it's getting nowhere."

He was told only recently by the Canadian Human Rights Commission that there are eight complaints preceding his and the investigation process can be lengthy. Ferguson wonders if the backlog has more to do with recent closures of regional commission offices across the country.

"Whatever they're doing is nullifying the noble purpose of the (human rights) act," he said. "The substantive question is, where is the law?"

He brought the delay to the attention of MP Cathy McLeod. McLeod said Wednesday she needs to examine the case more closely before commenting.