Unconstitutional Set-asides: ISTEA's Race-based Set-asides After Adarand : Hearing Before the Subcommittee on the Constitution, Federalism, and Property Rights of the Committee on the Judiciary, United States Senate, One Hundred Fifth Congress, First Session ... September 30, 1997, Volume 4 |
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1st Sess 2d Sess Adarand Adarand Constructors affirmative action measures affirmative action programs African-American agency amendment Appendix availability awarded basis bid shopping Business Development census cert Circuit City Committee compelling interest Cong Congress constitutional construction company court decisions Croson Dade County DBE Program Department discriminatory disparity studies dissenting district court dollars economically disadvantaged employment ethnic classifications federal affirmative action federal procurement Fourteenth Amendment Fullilove gender goal government contracting groups Hearing Hillsborough County Hispanic House Comm intermediate scrutiny ISTEA Justice O'Connor Justice Powell legislation ment Metro Broadcasting Minority Business Minority Enterprise minority firms minority-owned businesses MWBES narrowly tailored nonminority Noue opportunity participation percent plurality opinion preferences prime contractors problem qualified race conscious race-based race-conscious race-neutral racial and ethnic racial classifications racial discrimination Richmond SCHUTT Senate Comm Senator ASHCROFT set-asides Small Business specific statement statistical strict scrutiny Subcomm subcontracting Supreme Court tion unconstitutional
Popular passages
Page 16 - Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training; Including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
Page 16 - Committee for purposes of investigation to ascertain compliance with such rules, regulations, and orders. '(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended...
Page 16 - During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin.
Page 16 - ... (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor...
Page 18 - Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, including the enjoining, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to prevent directly or indirectly, compliance with the provisions of this Order.
Page 16 - Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
Page 17 - Each contracting agency shall be primarily responsible for obtaining compliance with the rules, regulations, and orders of the Secretary of Labor with respect to contracts entered into by such agency or its contractors. All contracting agencies shall comply with the rules of the Secretary of Labor in discharging their primary responsibility for securing compliance with the provisions of contracts and otherwise with the terms...
Page 18 - Cancel, terminate, suspend, or cause to be cancelled, terminated, or suspended any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with the nondiscrimination provisions of the contract. Contracts may be...
Page 17 - The contracting agency or the Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent...
Page 16 - ... representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(4) The contractor will comply with all provisions of Executive Order No.