homepage home
subscribe to California Construction magazine subscribe
newsletters free e-newsletter
advertise
industry jobs industry jobs
Mcgraw Hill Construction
California Construction Logo
Order Your RISK FREE Subscription
comment

Judge Denies Complaint Regarding Caltransí DBE Program

Text size: A A

A federal judge recently affirmed that Caltrans’ Disadvantaged Business Enterprises program was “clearly constitutional,” denying a complaint filed in federal court in 2009 by the Pacific Legal Foundation on behalf of the Associated General Contractors of San Diego.

----- Advertising -----

Judge John A. Mendez, U.S. District Court, Eastern District of California, found that since 2007 the department made the necessary changes to its DBE program to satisfy legal concerns about the program’s constitutional requirements.

Caltrans implements a DBE Program as a condition of receiving $3 billion in federal transportation funding annually. The program ensures a level playing field for disadvantaged and small businesses competing for public contracts, says Caltrans.

In 2005, the Ninth Circuit Court of Appeals provided new guidance to states on implementation of DBE programs (Western States Paving vs. Washington State Department of Transportation). In response, Caltrans conducted a study to identify the existence and scope of discrimination, if any, in the highway transportation contracting industry in California, according to Caltrans.

The department says the study was completed in 2007 and identified significant disparities in contract dollars awarded to African-American, Asian Pacific-American, Native American and women-owned firms. To address those disparities, Caltrans says it proposed the use of both race-neutral and race-conscious means in its contracting programs. In 2009, the Federal Highway Administration approved the proposal, which includes an overall goal of 13.5% DBE involvement.

----- Advertising -----
New Blog: Vertically Speaking in Northern California
New Blog: Field Notes
Reader Photos
Photos from California Construction Photo Showcase
Dodge Lead Center
Search for local construction projects OR CALL 877-234-4246 and get a FREE Lead Now!
Search by Project Type & State





----- Advertising -----
 Reader Comments:

Sign in to Comment

To write a comment about this story, please sign in. If this is your first time commenting on this site, you will be required to fill out a brief registration form. Your public username will be the beginning of the email address that you enter into the form (everything before the @ symbol). Other than that, none of the information that you enter will be publically displayed.

We welcome comments from all points of view. Off-topic or abusive comments, however, will be removed at the editors’ discretion.