What impact do state anti-affirmative action laws have on the DOT DBE program?
None. State laws regarding affirmative action do not pre-empt the Federal DBE statutes and regulations. Some states have laws that prohibit the use of race-conscious affirmative action measures on state or locally funded contracts let by public agencies in the state (e.g., California Proposition 209; Washington Initiative 200). Such states must still implement the DOT DBE program, as a condition of receiving DOT financial assistance. As a condition of eligibility for Federal financial assistance, recipients must take all actions required by this regulation with respect to DOT-assisted programs and contracts. The General Counsel of the Department of Transportation has reviewed these questions and answers and approved them as consistent with the language and intent of 49 CFR Part 26.
