Calif. Cracks 9th Circ. Scrutiny Of Contract Preferences
Law360, New York (April 19, 2013, 9:07 PM EDT) -- The Ninth Circuit has taken a tougher stance on the government's race-based contracting preferences than other appeals courts, but a recent win by California's Department of Transportation shows that an agency can meet even the strictest scrutiny by backing its affirmative action programs with industry-specific data.
The Ninth Circuit on Tuesday upheld the California Department of Transportation's Disadvantaged Business Enterprise Program, which implements a federal program to give more contracting opportunities to companies owned by women and minorities, saying the state's data-driven and narrowly focused approach met the standards required by the Equal Protection Clause of the Constitution.
The case is...
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