Braun: Indiana requesting waiver from race, gender-conscious components in federal program

INDIANAPOLIS — The state of Indiana is requesting a federal waiver, which Indiana Gov. Mike Braun and Indiana Attorney General Todd Rokita say would end discriminatory business practices imposed by the federal government.

According to a news release from Braun’s office, Indiana was the first state to request a waiver from federal requirements to “implement race and gender-conscious components” of the Disadvantaged Business Enterprise, or DBE, program.

This waiver was requested by the Indiana Department of Transportation. The release stated that if granted, the waiver would eliminate DBE goals based on race, ethnicity or gender for federally assisted highway construction contracts for three years.

“I am a firm believer in offering equal opportunity for all to compete and succeed,” Braun said in the release. “If granted, this waiver will further position Indiana as a state one would want to do business with and as a place to grow your business.”

This comes after a recent federal lawsuit was filed involving an Indiana subcontractor that alleges the DBE program unlawfully discriminates, the release said.

Under the waiver, the release said that INDOT would focus “exclusively on the availability of economically disadvantaged small businesses within specific geographic and industry markets,” through a race- and gender-neutral strategy.

“Forcing INDOT to prioritize contractors based on race or gender is unconstitutional and undermines fair competition,” Rokita said in the release. “Granting the waiver INDOT is requesting is well within the Department of Transportation’s authority and would be a critical step toward ensuring that Indiana’s transportation projects are awarded based on merit, not arbitrary classifications, and aligns with our constitutional duty to uphold equal protection under the law.” 

On Tuesday, Rokita announced that attorneys general from 17 states will be joining the effort in support of the waiver, including:

• Alabama
• Kentucky
• Ohio
• Oklahoma
• Texas

The release said the waiver’s three-year period aligns with INDOT’s next disparity study, which is expected to be completed in 2028. Officials said this will be used to determine a new DBE goal based on economic criteria alone.