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Exclusive: Four States Accused Of Continuing Race-Based DOT Policies Trump Eliminated

WILL alleges the states continue to employ state-based Minority Business Enterprise programs to achieve ‘racial goals.’

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When the Trump administration slapped a permanent injunction on the oldest and largest affirmative action program in the federal government, it was supposed to be the end of race- and sex-based discrimination at the Department of Transportation. But at least four states have been engaging in an illegal end-around of the order issued last fall by the DOT and the Department of Justice, according to a new complaint exclusively provided to The Federalist. 

The Wisconsin Institute for Law & Liberty (WILL) this week filed the formal complaint against state transportation departments in New York, Massachusetts, Maryland, and Indiana. In the five-page letter to Trump administration Transportation Secretary Sean Duffy, WILL alleges that the states violated the section of the 1964 the Civil Rights Act that prohibits discrimination based on race, color, or national origin in any program that receives federal funding. 

WILL alleges the states continue to employ state-based Minority Business Enterprise programs to achieve “racial goals.” In other words, white male business owners need not apply. 

In October, Duffy’s DOT published an Interim Final Rule (IFR) excising all race- and sex-based presumptions from federal Disadvantaged Business Enterprise programs. 

“States seem to believe that because certain projects are entirely state funded, the IFR does not apply… But states cannot circumvent federal law simply by using state tax dollars.“ Daniel Lennington, vice president and deputy........

© The Federalist