The 'strict scrutiny' test established by the US Supreme Court in the case of Adarand Constructors will make it difficult for public agencies to justify minority set-asides. A federal appeals court applied this test in a case involving an architectural firm. The court ruled that the firm, denied a public utility contract because it is not a minority-owned company, had a right to legally challenge the state public utility commission's affirmative program.
Affirmative action is one of the most controversial issues facing the nation and the construction industry. It is currently the s