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 availability awarded basis Business Development census cert Circuit City Committee compelling interest Cong CONGRESS THE LIBRARY constitutional construction industry court decisions Croson Dade County DBE Program Department discriminatory disparity studies dissenting district court dollars economically disadvantaged employment ethnic classifications evidence federal affirmative action federal procurement Fourteenth Amendment Fullilove goal government contracting groups Hearing highway Hillsborough County Hispanic House Comm intermediate scrutiny ISTEA Justice O'Connor Justice Powell legislation LIBRARY OF CONGRESS 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-based race-conscious racial and ethnic racial discrimination RARY RESS Richmond Senate Comm Senator ASHCROFT set-asides Small Business specific statistical strict scrutiny Subcomm subcontracting Supreme Court tion unconstitutional
Popular passages
Page 15 - 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 15 - ... 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.
Page 15 - Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended...
Page 15 - ... (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 9 - ... (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 17 - 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 16 - 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 9 - Individual's age; (2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee...
Page 18 - ... that they are not inconsistent with this Order, remain in full force and effect unless and until revoked or superseded by appropriate authority. References in such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this Order. SEC. 404. The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the...
Page 15 - Opportunity, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the President's Committee on Equal Employment Opportunity issued pursuant to section 303 of Executive Order No.