https://www.wsj.com/articles/federal-contracting-is-the-next-dei-target-race-affirmative-action-supreme-court-ca60eaf4?mod=opinion_lead_pos8
Critics of diversity, equity and inclusion policies scored an important victory with last year’s Supreme Court decision in Students for Fair Admissions v. Harvard, and a symbolic one with Claudine Gay’s resignation as Harvard’s president. But while some universities and businesses have pivoted from DEI to get in line with the high court’s ruling, Washington’s diversity-industrial complex marches on. It’s time for the federal government to play by the same antidiscrimination rules private companies have to follow.
Federal affirmative-action programs originated in the Nixon administration. In 1969 Labor Secretary George Shultz launched the Philadelphia Plan, which required companies bidding for federal construction projects in that city to commit to minority hiring goals. Within a year of announcing the plan, the administration extended it to cover all federal agencies. Fifty-five years later, those rules are still in place.
Federal regulations require prime contractors or subcontractors “with 50 or more employees and a contract of $50,000 or more” to submit “a written affirmative action program” for each of their locations. The rules dictate that a contractor’s workforce should “reflect the gender, racial and ethnic profile of the labor pools from which the contractor recruits and selects.” Employing less than 80% of the local share of “any race, sex, or ethnic group” is categorized as an “adverse impact.” Failure to comply with these federal diversity mandates could mean the cancellation of existing contracts, and violators could be barred from doing future business with the federal government. It’s safest to hire by the numbers.