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Republican AGs Support End of Affirmative Action in Federal Contracting

  • Twenty-two Republican AGs, led by Indiana AG Todd Rokita, submitted a comment to the U.S. Department of Labor (DOL) in support of the agency’s proposed rule to end federal contracting regulations that require certain contractors to take affirmative steps to ensure equal employment opportunity, including developing and maintaining affirmative action plans.
  • In the comment, the AGs argue that the current DOL regulations should be rescinded because they violate the Fifth Amendment’s equal protection guarantee, lack statutory authority, and constitute unsound policy. They also assert that the proposed rule would promote a race-neutral, merit-based approach to federal contracting.
  • This action follows previous Republican AG efforts to challenge federal contracting-related programs, including an amicus brief filed by 20 AGs opposing the federal enforcement of the Disadvantaged Business Enterprise program, which mandates that recipients of federal transportation funds allocate contracts to small businesses owned and controlled by socially and economically disadvantaged individuals.