Guidance for Diversity in Airport Business Contracting and Workforce Programs (2020) / Chapter Skim
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Pages 8-16
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8 A section of notes at the end of this chapter provides additional information on relevant laws and lawsuits. Federal Regulations Several federal statutes and regulations apply to U.S.DOT-funded contracts.
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Approaches and Techniques for Understanding the Parameters of Laws and Regulations 9 • Airports must designate a DBE Liaison Officer (DBELO) , who is responsible for implementing the DBE program.
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10 Guidance for Diversity in Airport Business Contracting and Workforce Programs airport's principal office for a 30-day public comment period before submission to FAA by the August 1 deadline. • Step 4 -- Following the public comment period, the proposed overall goal and the methodology used to establish it must be submitted to the U.S.DOT for approval for each 3-year period.
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Approaches and Techniques for Understanding the Parameters of Laws and Regulations 11 publish ACDBE goal policies and procedures on their websites and outline the process for setting and achieving ACDBE goals (see Section 23.51)
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12 Guidance for Diversity in Airport Business Contracting and Workforce Programs Thus, there must be "a separate program document for [the state or local laws, regulations or policies] , and the Federal and state/local additional programs, respectively must be administered in a clearly distinct manner" (70 Fed.
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Approaches and Techniques for Understanding the Parameters of Laws and Regulations 13 Initiatives or efforts to diversify internal or external workforces based on the race or ethnicity of the employees must survive strict judicial scrutiny. Under the strict scrutiny test, programs creating preferences based on race and ethnicity must have "strong basis in evidence" and must also be "narrowly tailored" in order to survive judicial scrutiny (City of Richmond v.
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14 Guidance for Diversity in Airport Business Contracting and Workforce Programs and women. The court, however, concluded that the regulations "have the practical effect of encouraging (if not outright compelling)
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Approaches and Techniques for Understanding the Parameters of Laws and Regulations 15 Airport Approaches and Techniques in Addressing Diversity Policies in Employment Attracting, hiring and retaining a diverse and qualified staff are important to airports but also potentially challenging for them. Airports often compete with companies in other major industries (e.g., construction and technology)
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16 Guidance for Diversity in Airport Business Contracting and Workforce Programs in this part preempts any State or local law, regulation, or policy enacted by the governing body of a recipient, or the authority of any State or local government or recipient to adopt or enforce any law, regulation, or policy relating to ACDBEs." (See also 70 Fed.
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