One of the principal ways in which federal, state, county, and municipal governments discriminate is by awarding preferences based on race, ethnicity, and sex in their contracting. Sometimes companies owned by members of certain racial or ethnic groups—or by women—are awarded contracts even though they may not have submitted the lowest bid; on other occasions, prime contractors are required to set aside subcontracts for such companies or to treat their subcontracting bids more favorably. But anytime this sort of preferential treatment occurs, it is discrimination, and is a likely violation of the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment, as well as other federal and state laws.

The case law in this area has been very favorable for those challenging such discrimination. So if you think you have been treated unfairly, it makes sense to consider challenging the government that is using preferences based on race, ethnicity, or sex. The purpose of this part of the CEO website is to provide resources to those who are interested in bringing such challenges—either in court, or in public debate.

The best collection of information about contracting discrimination is at the Project on Civil Rights and Public Contracting, run by George La Noue and John Sullivan out of the University of Maryland/Baltimore County. La Noue and Sullivan are the nation’s leading experts in this area, and have frequently appeared as expert witnesses in cases challenges illegal contracting preferences. Their website is: www.research.umbc.edu/~glanoue/index.html. 

As mentioned earlier, the decisions handed down in this area by the courts—including the Supreme Court—have been overwhelmingly in favor of those challenging contract preferences. Links to some of the key cases are set out.