The collective of Federal laws set forth in Executive Orders, laws (23 USC 140), regulations (23 CFR §§ 200, 230, 635; 28 CFR § 35; 29 CFR § 1630 and 41 CFR § 60), and agency orders provide that no recipient or beneficiary of Federal aid shall discriminate against any person because of race, color, religion, sex, national origin, age, or disability. In the construction context, the nondiscrimination provisions extend to employment practices, solicitations for employment, selection of subcontractors and suppliers, and procurement of materials. FHWA 1273 contractually obligates prime contractors, subcontractors and lower tier subcontractors to comply with EEO requirements on Federal aid highway projects. The regulations require Federal-aid highway recipients to take affirmative action in employment practices, solicitations for employment, and selection of subcontractors and suppliers. These actions should be positive, aggressive, continuous, results oriented, and documented. In the more than 50 years since the passage of Title VI and the 1964 Civil Rights Act, EEO contract compliance has become more than a regulatory mandate for non-discrimination. Instead EEO contract compliance is a productive business model that requires utilization of minority and female tradespersons and subcontractors and adds value to the workplace and society.
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