The language in the notice excerpted below (from a Minnesota local paper) is pretty standard, but it’s still jarring to see line after line demanding nondiscrimination, side-by-side — even in the same sentence! — with the admonition that, “Of course, you will also endeavor to meet your racial quotas and increase the participation of some groups over others.” Members of favored racial and ethnic minorities, BTW, are presumed to be “disadvantaged,” and others are presumed not to be.
The Minnesota Department of Transportation hereby notifies all bidders:
in accordance with … Non-discrimination in Federally-assisted programs of the Department of Transportation, it will affirmatively assure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded maximum opportunity to participate and/or to submit bids in response to this invitation, and will not be discriminated against on the grounds of race, color, disability, age, religion, sex or national origin in consideration for an award;
in accordance with … Equal Employment Opportunity on Federal and Federal-Aid Construction Contracts (including supportive services), it will affirmatively assure increased participation of minority groups and disadvantaged persons and women in all phases of the highway construction industry, and that on any project constructed pursuant to this advertisement equal employment opportunity will be provided to all persons without regard to their race, color, disability, age, religion, sex or national origin;
… it will affirmatively assure that on any project constructed pursuant to this advertisement equal employment opportunity will be offered to all persons without regard to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age; ….
“It is hereby agreed between the parties that this agency will require affirmative action requirements be met by contractors …. Failure by a contractor to implement an affirmative action plan or make a good faith effort shall result in revocation of its certificate or revocation of the contract ….”
A minimum goal of 8.5% Good Faith Effort to be subcontracted to Disadvantaged Business Enterprises.