Comments on: Building industry legislation /news/2010/03/31/building-industry-legislation/ Building and Construction News in Portland, Oregon and the Pacific Northwest Wed, 31 Mar 2010 19:47:24 +0000 hourly 1 https://wordpress.org/?v=6.6.6 By: Roger Clegg, Center for Equal Opportunity /news/2010/03/31/building-industry-legislation/#comment-17756 Wed, 31 Mar 2010 19:47:24 +0000 /?p=49434#comment-17756 I would add that, in my humble opinion, the regulations that OFCCP has promulgated in this area under Executive Order 11246 are unconstitutional. See part III. B of this law review article:

I would also add that the Weber and Johnson decisions that are sometimes used to defend employment preferences based on race, ethnicity, and sex are actually limited to narrow and increasingly rare circumstances. See part III.A of the law review article cited above.

Finally, Weber and Johnson have to be interpreted in light of Ricci (see last three paragaphs here: ).

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