On July 13, 2022, Christian Bruckner filed a federal lawsuit in the U.S. District Court for the Middle District of Florida, for discrimination against a bill that the Biden Administration recently enacted.
Bruckner, a disabled Florida business owner, filed a suit concerning a $1.2 trillion Infrastructure Investment and Jobs Act, which was signed into law in November 2021. The Act provides $370 billion for roads, bridges, and other transportation projects. However, the Act requires that 10% of the budget be allocated for “small, disadvantaged business contractors.” Under federal regulations, “socially disadvantaged” groups refer to Black, Hispanic, Native, and Asian American demographics, as well as women.
Bruckner, a white male whose family fled communist Romania in the 1970s, claims that he has been discriminated against, as he has been excluded from the 10% guarantee. He claims that he is unable to “compete on an equal footing for contracts,” making this quota unconstitutional and unjustifiable. Brucker alleges that he faced discrimination on the basis of race and gender.
In 1989, Brucker became disabled due to a car crash. However, as the owner of a contracting company, he states that his business can fulfill all transportation and infrastructure-related contracts, including those in the Act. Disabled people are not, however, included in the “socially disadvantaged” demographic. Bruckner argued that infrastructure projects should “be open to all small businesses, based on the ability to do the work.”
The defendants, in this case, are President Joe Biden, the president’s senior advisor, Mitch Landrieu, and Secretary of Transportation Pete Buttigieg. The Equality Under the Law Project, an initiative of the Wisconsin Institute for Law and Liberty, argued that Congress’ attempt to justify race and gender quotas to overcome discrimination, is not a feasible remedy for the federal government.
The Biden Administration has not yet responded.
We continue to actively monitor ongoing legal claims that may affect immigrants and immigration-related policy. If you have questions about any immigration issues, contact us at ILBSG. We work with our clients in their specific situations to ensure they get the right advice.
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