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Tag: disadvantaged business enterprise

August 21, 2015

Court tells prime contractor: Discriminate, or don't bid

The Seventh Circuit issued a decision this week that basically tells prime contractors this: If you don't want to discriminate against subcontractors on the basis of race and sex, then don't bid on public contracts. The case is Dunnet Bay Construction Company v. Borggren, and the decision is here. Prime contractor Dunnet Bay Construction Company ...

May 12, 2015

Racial preferences in the Big Sky State

Attorneys for PLF filed a brief in the Ninth Circuit Court of Appeals in the case Mountain West Holding Company v. Montana.  The case concerns a contractor’s challenge against Montana's use of racial preferences on highway construction contracts from 2012-2014.  The contractor submitted the lowest bids on state contracts during that time, ...

March 31, 2015

Public contracting should be based on transparency, not race

Last week's unfortunate ruling by a federal judge tossing out a case against government discrimination shows just how entrenched racial preferences have become.  In Midwest Fence v. United States Department of Transportation, a small guard rail installation subcontractor submitted the lowest bids on multiple highway construction contracts in Illi ...

March 10, 2015

Will Oregon’s statistical study justify state-sponsored race discrimination?

The last time the Oregon Department of Transportation (ODOT) asked highway construction contractors to comment on its race-conscious affirmative action contracting program, the response was uniform condemnation.  Male and female general contractors and subcontractors of all races criticized ODOT's program, which encouraged general contractors to p ...

October 15, 2014

Is the denial of preferential treatment discrimination?

One group in the State of Washington thinks so. White female contractors are threatening to sue that state's department of transportation if they aren’t given preferential treatment based on their race and gender. The commotion stems from Washington's implementation of the infamous federal Disadvantaged Business Enterprise (DBE) program. T ...

August 27, 2014

Illinois politicians impose a "corruption tax"

It has been said that Illinois is plagued by unbridled corruption.  Almost 90 percent of Illinois voters agree.  After all, four of the past seven Illinois governors have been convicted and sentenced to prison.  So who pays for the numerous criminal dealings of crooked politicians?  Taxpayers.  One recent study estimates that the cost of unnec ...

August 15, 2014

President's weekly report — August 15, 2014

Equality Under the Law — Government discrimination in contracting We filed this brief in Midwest Fence v. United States Department of Transportation.  Midwest Fence has been embroiled in litigation defending its right to bid for government contracts in Illinois on the same basis as everyone else.  The owner of Midwest Fence is a Caucasian ...

August 13, 2014

The social injustice of government race-based contracting programs

PLF attorneys are filing a brief in support of Midwest Fence Corporation in its "David versus Goliath" legal challenge against race-based public contracting programs in Illinois.  Both federal and state programs are at issue, and Midwest Fence had to sue several state and federal agencies to try to save their business.  Here is PLF’s brief ...

April 17, 2013

Ninth Circuit: Caltrans can continue its multiracial discrimination

The disappointing decision by the Ninth Circuit yesterday in AGC San Diego v California Department of Transportation (Caltrans) means that Caltrans can continue its policy of multiracial discrimination. Caltrans imposes a one-size-fits-all racial preference on all federally assisted transportation construction and engineering contracts statewide. ...

April 12, 2013

California high speed rail collides with the Constitution

Will discriminatory contract requirements derail the California high speed rail?  In June, the California High Speed Rail Authority (CHSRA) is expected to award its first ever contract for the design and construction of a segment of California's high speed rail line.  The contract will cover portions of Madera and Fresno counties.  Unfortunatel ...