The Kentucky Transportation Cabinet is asking a Kentucky court to dismiss a discrimination lawsuit which was brought against it by an area contractor. The suit, brought by Mathis & Sons and owner Maureen Mathis, alleges that the Transportation Cabinet took too long to grant minority status to the company, and in the process cost the company an opportunity to work on a $2.3 billion contract.
Suit Says the Transportation Cabinet is Biased
At the heart of the suit is the claim that some of the employees of the Transportation Cabinet ignored a recommendation by an inspector that Mathis should remain in “disadvantaged business enterprise” status. Companies which have that status are allowed to participate in bidding on contracts in a program specifically designed to benefit women and minority owned firms.
Delay in Approval Cost Firm Big
Mathis & Sons was allegedly approved for work on the project by Walsh Construction, which is overseeing a major part of the downtown bridge building project, but required Mathis to obtain its certification and another approval in order to begin work. While Mathis waited for the State of Kentucky to finish granting its designation Walsh filled the position with another company.
In filing the lawsuit Mathis & Sons alleges that those responsible for delaying its designation did so out of “racial animus toward African Americans.” Mathis claims that the Transportation Cabinet favors businesses owned by white women, which would also fall under the “disadvantaged business enterprise” designation. But, according to a deposition relating to the case Mathis could not produce specific examples of this bias.
Transportation Cabinet Disagrees
The Transportation Cabinet says that the delay in approving Mathis’ designation was partially due to the fact that its inspectors had questions about the company’s ownership and were seeking additional information before final approval. The Cabinet also claims that its approval process only takes 120 days, 30 days less than the required limit under federal law, as evidence that it did not unnecessarily delay Mathis’ approval.
As of now the motion to dismiss the lawsuit is pending.
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