Frequently Asked Questions

How would this help minority-owned businesses?

This bill will make it easier for minority-owned firms to prove racial or ethnic discrimination in the marketplace and level the playing field when they are excluded from markets or systematically disadvantaged based on race or ethnicity. The bill promotes equal opportunity and competition. It does not require, encourage, or change the law around set-asides or minority percentage participation goals. 

Is this bill going to help only Black Americans? 

This bill will help all racial and ethnic minorities, including African-Americans, Hispanic-Americans, Asian-Americans, and others, by strengthening prohibitions against discrimination 

Won’t this hurt non-minority owned businesses? 

Racism is a drag on the economy. It misdirects capital and talent, to everyone’s disadvantage. Historically, expanding economic opportunity grows the pie rather than taking from some and giving to others. Civil rights is good economics. 

Is there any precedent for using discriminatory “effects” instead of intent in civil rights law? Won’t making that change to Section 1981 disrupt business in the U.S.?

“Effects” tests are already used to prohibit discrimination in a wide array of other federal laws, including laws applicable to employment, fair housing, and federal programs, and the result has been more valid, , more competitive, and less discriminatory practices without unreasonable disruption to business in the private, non-profit, or government sectors.

Is there a risk that opening the original civil rights act to changes will give opponents to civil rights a chance to weaken the statute in the legislative process?

There is minimal, if any, risk of unintended consequences here. There are pro-civil rights majorities in both the House and Senate, sufficient to block any legislation hostile to civil rights, and President Biden would veto any legislation that weakened civil rights law.

What if I’m White, own a company, and want to do business with minority-owned firms, but can’t find any in my local area?  Does that mean I discriminate against minorities? 

The bill does not require any business to contract with minority businesses. It simply prevents businesses from engaging in purposeful discrimination or practices or policies that have unjustifiable, racially discriminatory effects