A group representing some of Cook County, Illinois’ largest construction firms recently filed lawsuits challenging the county and the city of Chicago on its affirmative action hiring policies for construction projects.
“We’re diligently going to fight this in court,” said Cook County spokeswoman Andrea Brands.
Cook County requires that a minimum of 30 percent of its construction contracts go to minority firms and 10 percent to women. The city requires that 25 percent go to minority firms and five percent to women.
The Builders Association of Greater Chicago, representing 160 builders, disagrees with those requirements. On Feb. 27, the association filed lawsuits in U.S. District Court saying the city and county policies discriminate against white, male-owned companies.
The reason they have filed these suits “is because the current set-asides do not meet defined constitutional needs and they find them to be unrealistic,” said Greg Carlisle, Builders Association spokesman.
The county program began in 1988 and was amended in 1993.
The Supreme Court ruled in 1989 that any government body enacting set-aside programs would have to prove that it had previously discriminated against the groups of people the laws were designed to help. Brands said the county will prove that its policies stand up to that test.
Carlisle said the programs do not meet that test and that “the remedy” (the program) is “too broadly tailored.”
The construction groups commissioned a study that shows the programs are faulty, Carlisle said. The study was made by George LaNoue, director of the Public Policy Sciences Program at the University of Maryland in Baltimore.
Cook County has hired outside experts of its own. In addition to the attorney who represents the county, Cook County has hired Chicago attorney Earl Neal, described by Brands as a lawyer known in legal circles for his expertise on affirmative action issues.
The county has also engaged minority and women’s groups to help fight the lawsuit.
Local news stories point out that the legal battle is sure to throw an unwanted spotlight on the issue as Democrats prepare for their national convention in August in Chicago. On affirmative action, President Clinton says “Mend it, don’t end it.” The president’s standing among minority voters is at 88 percent, a recent survey showed.
“Affirmative action set-asides have been used by mayors and county boards to balance a key political interest,” said John Kass, who covers city politics for the Chicago Tribune.
“When it’s brought out publicly, it puts the Democrats in a quandry between two constituents,” he said. “The issue is always bubbling.”