8/12/2019 MG 600 Assignment 12

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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 theconstruction 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 MinorityBusiness 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 MinorityBusiness 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 thegeneral 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 andconcentrated 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 areprotected 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 toachieve (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 rightsbecause 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 theconstruction 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, Ibelieve the majoritys opinion is correct here.

4. I do believe that this is an appropriate standard. Without actual people harmed, itis difficult to know whether this is an actual problem. Like I mentioned earlier,

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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-ownedcompanies, especially considering the United States does have the EqualProtection Clause in the Constitution. We do have evidence that racism is anactual problem in this country and if the government allowed racism and violation

of the 14th

Amendment, it would be a violation of the Constitution. While, there

are definitely problems with the government interfering with private businesses, Ithink, if done correctly, it is a necessary evil.

6. Im not exactly sure what Richmond could have done to ensure minoritybusinesses were given these opportunities, but it definitely could have done thingsto 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 effectivebecause besides quotas, there is no way to actually force the contractors to use

these minority companies.