Although still an ever-changing issue, under constant scrutiny by the U.S. Supreme Court, public contracting affirmative action is still a necessary tool to ensure a fair playing field for Asian American contractors and other Asian American-owned small business enterprises. Without strong advocacy and limited remedies such as public contracting affirmative action, Asian American-owned businesses operate with many barriers to success.
After the exclusion of Asian American contractors from the City of Chicago minority- and women-owned business enterprise public contracting ordinance for nearly three years, the City repaired the ordinance and restored Asian American contractors as a presumptive minority group. Quantitative evidence that convinced the Chicago leaders included a City study that revealed that Asian American firms were denied loans at a rate 50 percent higher than companies owned by white males and paid interest rates one-half of one percentage point higher under similar circumstances. Further, local Asian American contractors provided individual testimony highlighting discriminatory actions by prime contractors.
Similarly, Cook County had suspended its M/WBE program for a few years in response to litigation. Cook County eventually reintroduced its M/WBE program including Asian American contractors, because Asian American contractors received zero business from the County, once the M/WBE program was suspended.
