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Equal Protection › Federal Contractors

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Frantz Ward LLP

Are Changes Coming to EDGE in Ohio?

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On June 29, 2023, the United States Supreme Court issued its historic decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023). This decision upended decades of precedent and held that race-conscious...more

Schwabe, Williamson & Wyatt PC

U.S. District Court Bars Racial Criteria for Minority Business Development Agency Programs

Schwabe, Williamson & Wyatt PC on

On March 5, 2024, in its opinion and order for the case of Jeffrey Nuziard, et. al. v. Minority Business Development Agency, et. al., Case 4:23-cv-00278-P, the U.S. District Court for the Northern District of Texas (Fort...more

Dunlap Bennett & Ludwig PLLC

The “New” Narrative Requirement In SBA 8(a): Business Development Program Eligibility For Socially And Economically Disadvantaged...

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The US Small Business Administration (“SBA”) has a long history of supporting socially and economically disadvantaged business owners under Title 15, Chapter 14A, Sections 636(j)(10) and 637(a) of the United States Code. One...more

McGuireWoods LLP

SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

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On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal...more

Bass, Berry & Sims PLC

SBA Issues Interim Guidance on 8(a) Program Following Ultima Ruling

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On July 19, the U.S. District Court for the Eastern District of Tennessee ruled in favor of Ultima Services Corporation, prompting the pause of new 8(a) applications and necessitating a reorganization of the program’s...more

Morgan Lewis

SBA Makes Major Changes to 8(a) Business Development Program Regarding Social Disadvantage

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The US Small Business Administration (SBA) temporarily suspended new application submissions to its 8(a) Business Development program, and it will require many existing participants to explain why they qualify for the program...more

Blank Rome LLP

The SBA’s 8(a) Program—Possible Changes after SFFA and Ultima

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When the U.S. Supreme Court struck down affirmative action programs in the college admissions context in late June, it noted that racially conscious government programs must have a “logical end point.” Students for Fair...more

McCarter & English Blog: Government Contracts...

.SBA Cries Time Out! Temporary Suspension of New 8(a) Applications Following Ultima Servs.

McCarter & English Blog: Government Contracts... on

As many GovCon news junkies following recent events had predicted, the Small Business Administration (SBA) just “temporarily suspended” new 8(a) application submissions. For those of you who haven’t been following along the...more

Holland & Knight LLP

District Court Enjoins SBA from Using Race-Based Rebuttable Presumption Under 8(a) Program

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The U.S. District Court for the Eastern District of Tennessee ruled on July 19, 2023, in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the U.S. Small Business Administration's (SBA) and U.S. Department of Agriculture's...more

PilieroMazza PLLC

Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program

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On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where it declared that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage,...more

Morgan Lewis

EO 11246 Following the Harvard-UNC Supreme Court Cases: Why Federal Contractors Should Stay the Course for Now

Morgan Lewis on

The US Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. Harvard University (the Harvard-UNC cases), which will have a...more

Husch Blackwell LLP

Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences

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On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and...more

Fisher Phillips

What Impact Will Supreme Court’s “Affirmative Action” Decision Have on Federal Contractor Employers? An 8-Step Plan

Fisher Phillips on

The Supreme Court recently cracked down on the use of “race-conscious” admissions for academic institutions, mostly blocking them from considering race as part of a holistic evaluation of prospective students. What does this...more

DirectEmployers Association

DE Under 3: 4 Implications Impacting Federal Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases

DirectEmployers Association on

Tune into today’s DE Under 3 for our employment law expert’s take on what’s next in the wake of the SCOTUS decisions in the Harvard and UNC cases. Learn the ramifications of this decision, its effect on future minority...more

DirectEmployers Association

DE Under 3: 4 Implications Impacting Federal Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases

DirectEmployers Association on

Tune into today’s DE Under 3 for our employment law expert’s take on what’s next in the wake of the SCOTUS decisions in the Harvard and UNC cases. Learn the ramifications of this decision, the affects it will have on minority...more

Perkins Coie

Seven Pressing Questions Following the Supreme Court’s Admissions Decision

Perkins Coie on

On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more

Constangy, Brooks, Smith & Prophete, LLP

Does SCOTUS decision on affirmative action put employers’ DEI efforts at risk?

Constangy, Brooks, Smith & Prophete, LLP on

On June 29, the U.S. Supreme Court held that admissions policies at Harvard University and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution by using...more

DirectEmployers Association

OFCCP Week In Review: July 2023

DirectEmployers Association on

Tuesday, June 27, 2023: At 11th Hour, OFCCP Made Changes to Contractor Portal FAQ - Update Made Two Days Prior to Certification Deadline - Thursday, June 29 “Deadline” Not Extended - Adding to the existing...more

DirectEmployers Association

OFCCP Week In Review: June 2022

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Proskauer - Government Contractor Compliance...

Civil Rights Groups File Challenge to President Trump’s Executive Order on Diversity Trainings

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Quick Hit: On October 29, 2020, civil rights groups filed a lawsuit challenging President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”). The Complaint alleges that the Order...more

DirectEmployers Association

Two Civil Rights Groups Sued The Trump Administration To Stop EO 13950

DirectEmployers Association on

The National Urban League and the National Fair Housing Alliance, both which are covered federal Government contractors and federal grant recipients, filed suit in the federal District Court for the District of Columbia....more

Holland & Knight LLP

Religious Institutions Update: September 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim - In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject...more

Holland & Knight LLP

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

Holland & Knight LLP on

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

PilieroMazza PLLC

Constitutionality of 8(a) Program Reaffirmed

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Earlier this year, a judge of the U.S. District Court for the District of Columbia reaffirmed the facial constitutionality of the 8(a) Program in response to a challenge by a small business owner, and he also rejected an...more

Skadden, Arps, Slate, Meagher & Flom LLP

"DC Circuit Unanimously Upholds Federal Contractor Contribution Ban"

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On July 7, 2015, the federal circuit court for the District of Columbia sitting en banc issued a unanimous opinion upholding the federal contractor contribution ban against a constitutional challenge in the long-running case...more

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