At its November meeting, CAUT Council called on the federal government to "amend the Employment Equity Act to ensure that the Federal Contractors Program is capable of being enforced through the employment equity branch of the Canadian Human Rights Commission." The new policy statement on the Federal Contractors Program was recommended to Council by its standing committees.

The FCP requires organizations bidding on large federal contracts to certify their commitment to employment equity. The program applies to universities among others, with 100 or more employees if they receive federal government goods or services contracts of $200,000 or more.

"A majority of Canadian universities are covered by this program," said James Turk, executive director of CAUT. "But the problem is their employment equity undertakings are unenforceable if breached."

While the workplace equity branch of Human Resources Development Canada, charged with the task of overseeing the program, has the authority to discontinue or refuse to renew agreements with universities that do not comply with certification, Turk says there is no evidence the branch has ever rescinded or refused to renew funding for any university despite its employment equity record.

"There's a misconception that FCP universities are in compliance with their obligations," he said. "But there is evidence that shows otherwise."

The Federal Contractors Program was established in 1986 by Cabinet decision and is not specifically enforceable through any legislative instrument.