Zoe Atlas

MG 600
11/18/13

Case 11.1: Minority Set Aside Discussion Questions

1. The Richmond City Council was trying to remedy past discrimination in the
construction business. In addition, they were also probably trying to make a
statement that discrimination needs to stop in the city among all industries. They
could be used the construction business as the example. I think the Minority
Business Utilization Plan is a good one in theory, but there are definitely some
problems with it. While I do approve of the city trying to diversify the contractors
used in construction, I do know if putting a quota is either a good idea or a
plausible one. First, the best contractors may just happen to not be Minority
Business Enterprises. Therefore, you are requiring the city to use contractors that
may not be as skilled or talented as others. Second, there may not be enough
Minority Business Enterprises contractors in construction. Just because the
general population is 50% African Americans and only 0.67 percent of the citys
construction contracts does not automatically mean that they could satisfy this
30% quota. Minority Business Enterprises in construction contracts may only be
10%. African Americans could be more interested in another business and
concentrated there. These numbers on their own do not necessarily mean what the
City Council appears to be trying to use them for.

2. The pros of the minority set-aside plan like Richmonds means that minorities are
protected and given an opportunity that they were historically not given. It makes
sure that all groups are given a fair chance and allowed to participate in the
market. The cons of such a plan is that it is restrictive and could be impossible to
achieve (based on the numbers and percentages). Im not sure if it would have
good consequences. On one hand, I see the benefits, but on the other hand I see
the problems with it. It would definitely infringe on the other companies rights
because now they are restricted and arent guaranteed business like the minorities
are.

3. No, I do not think there is enough evidence of racial discrimination in the
construction contracts specific business. I think for there to be sufficient evidence
in this area, there needs to be specific numbers of the amount of Minority
Business Enterprises in construction contracts and the amount hired of the years.
This type of evidence would be more sufficient to justify the citys plan against
the Fourteenth Amendment. In addition, there needs to be real proof of this
discrimination. Right now, this is all just hypothetical and on paper. There need to
be real examples and real people involved in racial discrimination. Therefore, I
believe the majoritys opinion is correct here.

4. I do believe that this is an appropriate standard. Without actual people harmed, it
is difficult to know whether this is an actual problem. Like I mentioned earlier,
this could merely be that most of the construction contractors just happen to not
be Minority Business Enterprises. In addition, without actual people harmed by
the discrimination, it would be impossible to have a stable standard to rely upon.

5. I believe that the government does have an obligation to assist minority-owned
companies, especially considering the United States does have the Equal
Protection Clause in the Constitution. We do have evidence that racism is an
actual problem in this country and if the government allowed racism and violation
of the 14
th
Amendment, it would be a violation of the Constitution. While, there
are definitely problems with the government interfering with private businesses, I
think, if done correctly, it is a necessary evil.

6. Im not exactly sure what Richmond could have done to ensure minority
businesses were given these opportunities, but it definitely could have done things
to increase the chances of these companies getting these opportunities. Richmond
could give these companies free advertising or give contractors incentives for
using them. However, I dont know if anything would have been as effective
because besides quotas, there is no way to actually force the contractors to use
these minority companies.