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State and Local Government Law

Fordham Law School

1984

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Full-Text Articles in Law

New York City's Locally Based Enterprise Set-Aside: Legitimate Exercise Of Mayoral Power Or Unconstitutional Quota In Disguise? , Stephen L. Weinstein Jan 1984

New York City's Locally Based Enterprise Set-Aside: Legitimate Exercise Of Mayoral Power Or Unconstitutional Quota In Disguise? , Stephen L. Weinstein

Fordham Urban Law Journal

Within the realm of affirmative action, there is disagreement on the means selected to reach the ultimate goal. For example, some programs have involved preferential treatment for members of disadvantaged groups at the expense of those individuals who are not in the minority. Such programs have been challenged on equal protection grounds as "reverse discrimination." In New York City, mayors have implemented executive orders prescribing minority hiring goals and other preferential treatment. Order No. 71, for example, conditioned the awarding of city construction contracts upon submission by the bidder of an affirmative action program. Executive Order No. 53 attempted to …