The Department of Transportation (DOT) released a new rule that ends race and sex-based quotas within the Disadvantaged Business Enterprise (DBE) program, following a landmark WILL victory.
The DBE program governs how billions of federal highway funds are spent each year. States can no longer award contracts based on race and sex, and any state that does so will not only be in violation of federal law but risk the loss of federal funds for roads and bridges. This new rule applies to any entity—public or private—that uses federal funds on transportation projects.
The DOT has already placed a hold on billions of federal dollars meant for construction projects in New York. WILL also has pending civil rights complaints against the States of Wisconsin and New York regarding their use of federal funds to discriminate based on race.
WILL Deputy Counsel, Dan Lennington, stated, “Consider this a final warning to any person spending federal money on transportation: discrimination will not be tolerated. DOT’s action today removes any fig leaf of protection that states, cities, and private companies may have once had to operate these discriminatory programs. We will enforce our civil rights laws vigorously against anyone who continues to discriminate against contractors based on race or sex. We applaud this bold move by Secretary Duffy and the Trump Administration and are prepared to take nationwide legal action to enforce it.”
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