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A handful of lawsuits challenging the constitutionality of workforce goals in federal construction contracts could make it harder for underrepresented groups to qualify for these lucrative jobs in 2024.&nbsp;&nbsp;&nbsp;

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A separate suit, known as&nbsp;Mid-America v. U.S. Department of Transportation, filed in October in the U.S. District Court for the Eastern District of Kentucky, takes direct aim at DOT’s DBE program.&nbsp;

Justin Chiarodo, a government contract attorney in the Washington, D.C., office of Blank Rome, said&nbsp;that oral arguments in the case would likely hinge on the firms showing specific instances where they were discriminated against due to the DBE program.&nbsp;

But&nbsp;he also said&nbsp;the suit could force DOT’s hand in having to do the same: Demonstrate actual cases of discrimination against participants in the program itself, an aspect that has previously been assumed under rebuttable presumption.&nbsp;

From that perspective, an outcome could be applicants needing to document stories of racism, discrimination or exclusion, much as the SBA now requires social disadvantage narratives.&nbsp;

“The programs are intended to address instances where those folks were discriminated against based on race,”&nbsp;Chiarodo said. “I think it is about the evidentiary demonstration that the agencies can make in showing actual discrimination.”

To read the full article, please click&nbsp;<a href="https://www.constructiondive.com/news/challenges-to-dbe-goals-in-federal-contracts-gain-steam/703999/">here</a>.

"Challenges to DBE Goals in Federal Contracts Gain Steam," by&nbsp;Joe Bousquin was published in&nbsp;<a href="https://www.constructiondive.com/news/challenges-to-dbe-goals-in-federal-contracts-gain-steam/703999/">Construction Dive</a>&nbsp;on January 9, 2024.

Challenges to DBE Goals in Federal Contracts Gain Steam

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Challenges to DBE Goals in Federal Contracts Gain Steam

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