Suit Alleges Proposition 209 Violation

A white male-owner of a contracting business claims he was denied the opportunity to bid on a San Francisco city contract because of his race and sex and has sued the city for violating Proposition 209, a California state law which forbids state and local government officials from considering the race or sex of contractors when hiring.

The Pacific Legal Foundation filed the case, which charged that the plaintiff was unfairly excluded from the bidding process because that project was designated as a “set-aside” contract only open to businesses owned by women, minorities, or local residents.

The “set-aside” rule is part of a San Francisco city ordinance that has survived repeated court battles after advocates were able to prove long-standing, pervasive discrimination in certain contracting fields.



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