Legal Opinion

Associated General Contractors of California v. San Francisco Unified School District

Court of Appeals for the Ninth Circuit

Decided February 11, 1980No. Nos. 77-2507, 77-2750, 77-3124 and 77-3764PublishedCited by 7 opinions

1Opinion of the Court

CHOY, Circuit Judge:

Associated General Contractors (AGC) sued to challenge the “affirmative action policy” adopted by the San Francisco Board of Education (Board). Under the policy, bidders for construction contracts let by the San Francisco Unified School District (School District) must be minority general contractors or must utilize minority subcontractors for 25% in dollar volume of the contract work.1 AGC asserts that this policy violates 42 U.S.C. §§ 1981 and 1983 and the Fourteenth Amendment, and California law as well.

The district court held that such a set-aside for minority…

2Cases cited36 opinions

  1. Reynolds v. SimsSupreme Court of the United States · 1964
  2. Washington v. DavisSupreme Court of the United States · 1976
  3. Hagans v. LavineSupreme Court of the United States · 1974
  4. Swann v. Charlotte-Mecklenburg Board of EducationSupreme Court of the United States · 1971
  5. Regents of the University of California v. BakkeSupreme Court of the United States · 1978

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3Cited by7 opinions

  1. Louisiana Associated Gen. Contr. v. CalcasieuSupreme Court of Louisiana · 1991
  2. Louisiana Associated General Contractors, Inc. v. State ex rel. Division of Administration, Office of State PurchasingSupreme Court of Louisiana · 1996
  3. 24 Empl. Prac. Dec. P 31,422, 27 cont.cas.fed. (Cch) 80,416 Associated General Contractors of California v. San Francisco Unified School District San Francisco Board of Education, and National Association of Minority Contractors and Minority Contractors Association of Northern California, Intervenors-Appellants. Associated General Contractors of California v. San Francisco Unified School District San Francisco Board of Education, and National Association of Minority Contractors, and Minority Contractors Association of Northern California, IntervenorsCourt of Appeals for the Ninth Circuit · 1980
  4. Austin Black Contractors Ass'n v. City of Austin, Tex.Court of Appeals for the Fifth Circuit · 1996
  5. La. Associated Gen. Contractors, Inc. v. STATE EX REL. DIV. OF ADMINI.Supreme Court of Louisiana · 1996

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