
The WBE program continues because its objectives are consistent with the policy set forth in I-200. In relevant part, the initiative refined California's existing anti-discrimination law to prohibit discrimination against, or the grant of preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public contracting.
I-200 did not define the term "preferential treatment" for M / WBE {a.k.a. woman owned business } and the term has yet to be defined by the courts or the legislature. However, when I-200 was passed state agencies and educational institutions reviewed their administrative regulations, programs and practices to identify and discontinue any that might be considered to constitute preferential treatment in order to ensure they were not in violation of I-200.
No. Implicitly, this question presumes an unproven correlation between a M / WBE {a.k.a. woman owned business } business' ability to provide a quality product or service and the race, ethnicity, or gender of its owner(s). Affirmative action assures equitable opportunities for those businesses that have been excluded because of the owner(s) race, ethnicity or gender to compete. Clearly, not all white male owned and operated businesses are more qualified than businesses owned by non-white individuals. California's WBE program has never included any form of "set aside" or other provision requiring that award of a contract be made without regard to the business' ability to provide the product or service according to requested specifications; e.g., price, workmanship, quality, delivery time, etc.
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