Connect with us

Politics

How Should a Bureaucrat Proceed if He Doubts a Contractor's Self-Declared Race?

Avatar

Published

on

For federal transportation contracts and for Small Business Administration programs, it is advantageous to have your company certified as a Disadvantaged Business Enterprise (DBE). The easiest way to earn DBE status is for the business to be at least 51% owned by a member of one of the “official” minority groups — Asian, Black, Hispanic, Native American, or Native Hawaiian/Pacific Islander — companies are considered to be allegedly disadvantaged as long as they do not exceed certain income limits.

But what happens when the government official suspects that the owner claiming minority status is not actually a member of the group they claim to be a member of? Almost everything I’ve read on the subject in the academic literature suggests that the government does not arbitrate racial identity disputes and therefore must certify on the basis of self-identification.

However, this is not true.

49 CFR Section 26.63 – What are the rules for determining group membership?(a)(1) If, after reviewing the signed notarized statement of membership in an alleged disadvantaged group (see §26.61(c)), you have a Centre County Reportable Centre County Report to do so to question the entitlement of the individual to membership in this group, You must require the person to provide additional evidence that he or she is a member of the group.(2) You must provide the individual with a written explanation of your Centre County Reports for challenging their group membership and a written request for additional evidence as described in paragraph (b) of this section. (3) In implementing this Section, you must take particular care not to impose a disproportionate burden on members of a particular specific group. Imposing a disproportionate burden on members of a particular group could violate Section 26.7(b) and/or Title VI of the Civil Rights Act of 1964 and 49 CFR Part 21.(b). In making such a determination, you must consider whether the individual has posed as a member of the group for an extended period prior to applying for certification and whether the individual is considered a member of the group by the relevant community. You may require the applicant to provide appropriate documentation of group membership.

The SBA provides the following additional guidance: “Persons claiming discrimination as [for example] Hispanic Americans may establish membership in that particular group by providing a birth certificate showing race, membership cards for exclusive Hispanic groups, or other evidence.” Office of Business Development US Small Business Administration, Standard Operating Procedure for the Office of Business Development SOP 80 05 5 (2016), 81. If there is additional DOT guidance, I could not find it.

However, it remains uncertain whether (a) the decision-maker must also refer to the official federal group definition according to Statistical Ordinance No. 15, which is discussed in detail In this article And classified in my book; and (b) what if the individual meets the state definition but does not generally identify as a member of the group (but will acknowledge their minority ancestry upon request) and/or is not considered a member by others.

Advertisement

The post How should a bureaucrat proceed when he doubts a contractor’s self-proclaimed race? appeared first Ground. com.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Politics

The FBI Is Investigating A Death Threat Against Alvin Bragg From Florida

Avatar

Published

on

The NYPD and FBI are investigating a white power letter sent to Manhattan District Attorney Alvin Bragg threatening him with death.

NBC News reported:

Advertisement

The FBI and NYPD are investigating a letter containing a death threat and white powder that was sent to Manhattan District Attorney Alvin Bragg, whose office is investigating former President Donald Trump, law enforcement officials told NBC News.

The letter was addressed to Bragg and read, “ALVIN: I WILL KILL YOU!!!!!!!!!!!!!” the sources said. It contained a small amount of white powder.

The white powder was harmless and no one was injured. The letter was sent from Orlando, Florida. It was dated Tuesday, the same day Donald Trump falsely claimed he would be arrested.

Subscribe to our newsletter:

Advertisement

Death threats against Bragg from Trump supporters come as no surprise because the former President spent days attacking the Manhattan District Attorney, who seems poised to indict him as early as next week.

The mass protests Trump has called for have not materialized, but that doesn’t mean his less stable supporters will just sit on the couch and watch Fox News while their hero may face prosecution.

Threats against Alvin Bragg are only likely to increase in the coming days. Trump incites his most extreme supporters, but none of this will save him from being held accountable for possible crimes.

Continue Reading

Politics

Brazilian Prosecutors Accept Deal with George Santos

Avatar

Published

on

“Prosecutors in Brazil have settled with Rep. George Santos in a case alleging he defrauded a Rio de Janeiro-area employee out of $1,300 over clothes and shoes in 2008.” CNN reports.

“A petition by Santos’ attorney demanding a settlement says that Santos would agree to officially confess to the crime and pay damages to the victim, an employee from the Rio de Janeiro region, as required by Brazilian law .”

favouriteLoadingSave to Favorites

Continue Reading

Politics

Trump Wanted To Undermine Defamation Laws. DeSantis is Taking Action.

Avatar

Published

on

Standing in front of a large American flag an event Promotes civic education “on subjects such as the rights and duties of citizens … and also in understanding the philosophical underpinnings of the American republic,” Florida Gov. Ron DeSantis (R) made a case for abolishing freedom of the press.

He supports Florida House Bill 991DeSantis explained in his plan to facilitate Maybe sue journalists for defamation most controversial by changing the legal status of anonymous procurement. “If someone is being defamed… if [the journalist is] Using anonymous sources, this may be a guess that this was done with malice,” DeSantis said Thursday. “I think what happened is that corporate media in particular relied on anonymous sources to frame people.”

But don’t worry, discouraging HB 991 from sourcing anonymously “won’t make much of a difference in terms of freedom of expression,” DeSantis added. It will merely “make some people not put out things that are wrong, that tarnish someone’s reputation”.

Of course it will also cause Some people don’t want to post things that are true but unflattering to — or implying — public figures like DeSantis the obvious case that anonymous sourcing proves correct, President Richard Nixon.

This bill isn’t all bad, and there’s fair criticism of the over-reliance on anonymous sources when it comes to trivial matters. But all in all, this bill is an assault on press freedom, and his endorsement by DeSantis suggests there isn’t much daylight between him and his alleged chief rival, former President Donald Trump, on a key constitutional matter.

Advertisement

HB 991 is appropriate in a way. For example, it offers that You don’t become a public figure by giving an interview to the press; to “defend publicly against allegations”; be the subject of a viral video or photo; or holding “public employment other than elected office or appointment by an elected official.”

In other words, being a teacher or a DMV employee does not make you a public figure. Let’s not say that “Central Park Karen” or the “nobody has time for that“Woman. In a libel lawsuit, HB 991 says that without any other kind of fame — any willful entry into public life, such as cultivation of fame or running for office — these people should be treated as private individuals who enjoy a stronger standard of reputation protection.

I’m not sure if this distinction is correct Exactly as written. Protecting people who give a man-in-the-street interview or involuntarily become viral memes makes sense, but police officers strike me as public servants who, because of their unique role, which includes proprietary application heard of violence as public figures should be treated. some critics also argued HB 991’s demarcation could violate Supreme Court precedent. Still, the underlying idea – to specify what it means to be a public figure in a digital age where sudden, unwanted notoriety is possible in ways that have not been the case in the recent past – seems fair .

It’s also fair to say that the media sometimes goes overboard with anonymous sourcing. I thought so myself, particularly during the Trump administration, when comments from unnamed “people close to the President” were regularly the basis for high-profile but objectively low-brow reporting of White House personal drama, mostly telling us, knew what we said before: that Trump was petty, sneaky and ill-equipped for office. A story doesn’t have to reach Watergate’s prominence to justify reliance on sources who don’t consent to being credited, but that hardly means every snippet of anonymous gossip deserves publication.

And yet, as always when fundamental individual rights are at stake, there is – or should be – a yawning gap between them this is a foolish or careless or risky way of exercising this right And we should make this functionally illegalwhich HB 991 almost does with anonymous sourcing.

Advertisement

That’s not the only problem with the bill either. Its determination is a “claim that the Complainant discriminated against another person or group because of their race, sex, sexual orientation, or gender identity.” automatically enough for a libel lawsuit is similarly troubling because of its likely impact on freedom of expression.

Likewise, the mention of “any presentation before an audience” or “statement on the Internet” as a basis for cases of defamation. As a New York Times editorial notes, which could respectively mean “testimony at school board hearings and other public gatherings” or “a tweet or Facebook post written by anyone.” It’s not as bad as in the UK charge of “grossly offensive” tweets, but it’s a step in that direction of public speaking.

It’s also a step in the direction Trump wants to go. “One of the things I will do if I win,” he said said in 2016“I’m going to open up our defamation laws so we can sue them and win big bucks if they intentionally write negative and horrible and false articles.”

The was always a pipe dream, since the relevant laws, such as HB 991 itself, are largely determined at the state level and therefore do not fall within the purview of the President. But the animosity that underpins the threat and Trump’s ability to do so as president restrict freedom of the press with tools that are also used below the Obama And Biden administrationsis pretty real.

That animosity is apparently something DeSantis shares. If elected president, he may resort to the same anti-press tools of surveillance and suppression of dissent. And in the meantime, as governor, he could “open” Florida’s libel laws and do in real life what Trump only imagined.

Advertisement

Continue Reading

featured