The regulations announced by Mayor John Lindsay that propose new contract bid regulations designed to eliminate discrimination in employment in New York City were implemented and are the basics of the city's present program. New York City's present affirmative action attempts to increase the number of minorities employed in city-financed construction projects. But, how viable are these programs in light of the expected attacks based on the federal preemption doctrine? Questions of due process and equal protection must be examined when affirmative action programs require contractors to make good faith efforts to meet these goals. Affirmative action programs are part of the government's efforts to counteract discriminatory employment practices. Various cities have adopted their own plans to fight this ongoing problem. Mayor Lindsay announced New York City's plan that covers all construction contracts receiving direct or indirect city financial assistance and is seen as an improvement over other city's plans. Since nearly three billion dollars is spent in New York City annually by federal, state and city governments, approximately one billion dollars is financed by the city and state jointly. Nearly one-third of all public construction in the city is solely city assisted and therefore, affected by the new plan. It is uncertain how effective this new city plan will be given its narrow applicability.
The Infirmities of Affirmative Action: The New York City Plan,
2 Fordham Urb. L.J. 305
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