Associated General Contractors of California v. San Francisco Unified School District

Good Law

616 F.2d 1381·24 Empl. Prac. Dec. (CCH) 31,422·1980 U.S. App. LEXIS 20632

United States Court of Appeals for the Ninth CircuitFebruary 11, 1980Nos. 77-2507, 77-2750, 77-3124 and 77-3764California5,753 words

Opinion

lead Opinion

Choy, J.

Associated General Contractors (AGC) sued to challenge the “affirmative action policy” adopted by the San Francisco Board of Education (Board). Under the policy, bidders for construction contracts let by the San Francisco Unified School District (School District) must be minority general contractors or must utilize minority subcontractors for 25% in dollar volume of the contract work. 1 AGC asserts that this policy violates 42 U.S.C. §§ 1981 and 1983 and the Fourteenth Amendment, and California law as well.

The district court held that such a set-aside for minority contractors on public works was illegal, except as to projects funded with federal money given on condition that 10% or more of the money would go to minority contractors. We agree.

I. Statement of the Case

The Board of Education adopted a resolution in March 1977 finding a present need for, an affirmative action policy to overcome the effects of past discrimination in the awarding of School District construction subcontracts. The Board then adopted the policy outlined above. It applied to general contractors bidding on all school construction projects worth over $100,000. Relief from the policy was available only…

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Parties

ASSOCIATED GENERAL CONTRACTORS OF CALIFORNIA
Plaintiff
SAN FRANCISCO UNIFIED SCHOOL DISTRICT San Francisco Board of Education, and National Association of Minority Contractors and Minority Contractors Association of Northern California, Intervenors- ASSOCIATED GENERAL CONTRACTORS OF CALIFORNIA v. SAN FRANCISCO UNIFIED SCHOOL DISTRICT San Francisco Board of Education, and National Association of Minority Contractors, and Minority Contractors Association of Northern California, Intervenors
Defendant

Judges

Choy
Hug
Richey

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