Duquesne Law Review


In this author's earlier review of Executive Order 11,246, published in February, 1971, it was predicted that 1971 would be the year in which affirmative action would achieve the awe and the respect of the legal profession. Among the reasons then given for the profession's expanding awareness were the following: (1) the far greater circulation of equal opportunity certification forms among government contractors and subcontractors; (2) the growing tendency of federal, state and local civil rights enforcement agencies to use affirmative action criteria in adjudicating issues of discrimination; (3) the federal government's readiness to use stop orders in the construction industry; (4) and perhaps most significant, the serious challenges of affirmative action to the Congressionally mandated national labor policy. Since February, 1971, construction industry affirmative action plans have survived concentrated attacks in two landmark cases: Contractors Association of Eastern Pennysylvania [sic] v. Sec. of Labor and Southern Illinois Builders Association v. Ogilvie.

First Page