DOJ justifies race, sex govcon criteria

      The Justice Dept. on Jan. 31 released a major report justifying the use of race-based and sex-based criteria in procurements from small business federal contractors.

      The 59-page report outlines the constitutional framework and evidence that uphold race- and sex-based factors in the government’s procurement programs.

      The report arrives as racial and sex-based criteria in government programs are being challenged in state and federal courts.

      “Federal programs that involve racial classifications must meet the strict scrutiny standard of review to withstand constitutional challenge,” the DOJ report states. “This is the most exacting standard of review, and it requires among other things, evidence supporting the conclusion that such measures are necessary to further the compelling governmental interest in remedying the effects of past and present discrimination.”

      Gender-based programs are subject to the somewhat lower standard of intermediate scrutiny, the report added.

      The new report updates and expands on similar reports released in 1996 and 2010. “A substantial body of evidence, both quantitative and qualitative, demonstrates the continued pervasiveness of discriminatory barriers,” the report states.

More Information:
DOJ report: https://www.justice.gov/crt/page/file/1463921/download
DOJ notice: https://bit.ly/3ufFz8a

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