DEI Hiring by Default: City Awards Contracts Based on Race and Gender OPENLY
Hiring and Workforce Practices (ABIDE Program)
The city runs an official ABIDE (Access, Belonging, Inclusion, Diversity, and Equity) program, its current DEI framework. Its stated goal is to make the city's workforce "reflective of the vibrant community it serves" through:
Diverse recruitment, retention, and promotion.
Embedding "equity" in decision-making.
Trainings on unconscious bias, microaggressions, DEI 101, and inclusive leadership.
The HR department's mission explicitly includes attracting and promoting a "diverse" workforce. The city describes itself as an Equal Opportunity Employer and prohibits discrimination on protected bases (including race, sex/gender), but ABIDE actively promotes demographic mirroring and "diverse" pipelines, which in practice often involves race- and gender-conscious outreach and considerations.
This aligns with broader DEI efforts common in local governments, though post-2025 federal shifts against race-based practices have increased scrutiny nationwide.
Contract Awards and Procurement (SWaM Program)
The city maintains a Small, Women & Minority (SWaM) Program with the explicit goal of "facilitat[ing] the establishment, preservation, and strengthening of Small, Women-owned, and Minority-owned firms" and encouraging their participation in city contracts.
Key elements:
SWaM-certified firms (via Virginia's Department of Small Business and Supplier Diversity or equivalents like NMSDC) receive recognition and encouragement.
Direct solicitation for opportunities (e.g., under $50,000–$100,000 in some cases) can target qualified SWaM vendors.
https://www.nnva.gov/689/Small-Women-Minority-Program-SWAM
Majority-owned firms are encouraged to partner, joint venture, or subcontract with SWaM firms.
The city promotes workshops, vendor registration prioritizing SWaM, and participation goals.
SWaM certification is based on ownership by women and/or minorities (racial/ethnic categories), so this is explicitly race- and gender-conscious. Virginia state policy and many localities (including Newport News) use these to boost utilization of such businesses, similar to federal DBE programs. City code prohibits discrimination in contracting but carves out these outreach/preference mechanisms.
Context and Legal Notes
These are standard "disadvantaged business" or supplier diversity approaches, not always strict quotas but involving goals, set-asides for small procurements, and demographic preferences.
They parallel Virginia state efforts (e.g., SWaM targets and recent legislative pushes for higher utilization percentages).
Critics argue such programs can amount to race/gender preferences that risk legal challenges under the Equal Protection Clause (especially post-Students for Fair Admissions and recent anti-DEI executive actions). Supporters view them as remedying disparities.
The city also follows standard EEO/affirmative action requirements as a government entity and contractor.
In summary, yes—Newport News government openly uses race- and gender-related criteria (via minority/women ownership and workforce demographics) in its DEI/ABIDE hiring efforts and SWaM contracting program. Details are on the city's official site (nnva.gov). Practices emphasize "facilitation" and "encouragement" rather than absolute bans on non-SWaM bidders. For the most current solicitations or policies, check the city's purchasing office or code.
Key Points
- City's ABIDE program promotes demographic mirroring and 'diverse' pipelines
- SWaM program encourages participation of minority-owned and women-owned firms in city contracts
Investigation Leads
- Review City's official policies and contracts for evidence of discriminatory practices
- Interview current and former employees, contractors, and business owners about their experiences
Evidence 5
Submit Evidence for JRU4RM
It is generally illegal for the U.S. government (federal, state, or local) to hire based on race or gender. This violates core anti-discrimination laws and constitutional protections.
Key Legal Framework
Title VII of the Civil Rights Act of 1964 (applies to federal government and most public employers): Prohibits discrimination in hiring "because of" an individual's race, color, sex (including gender), or other protected characteristics. It is unlawful to favor or disfavor applicants based on these factors.
Equal Protection Clause of the 14th Amendment (applies to state/local governments, and due process for federal): Requires the government to treat people equally. Race-based classifications face strict scrutiny (must serve a compelling interest and be narrowly tailored). Gender faces intermediate scrutiny. Quotas, set-asides, or preferences that treat race/gender as a decisive factor typically fail.
Government employers cannot:
Use racial or gender quotas.
Give automatic points or preferences based primarily on race/gender.
Hire less-qualified candidates to meet diversity targets if it involves disparate treatment.
Affirmative Action and Exceptions (Narrow and Limited)
Historically, some "affirmative action" involved outreach, recruitment goals, or remedying proven past discrimination by that employer/agency. However:
Strict quotas or rigid preferences have long been struck down (e.g., Regents of the University of California v. Bakke for quotas).
In employment, voluntary plans must be temporary, flexible, and not unduly harm non-preferred groups (United Steelworkers v. Weber, Johnson v. Transportation Agency — limited to addressing manifest imbalances).
Recent shifts: In January 2025, an executive order revoked prior requirements for federal contractors (EO 11246) and directed ending practices seen as illegal discrimination or "workforce balancing" by race/gender.
Reverse discrimination claims (e.g., by White or male applicants) are treated the same as other Title VII claims—no extra hurdles.
Practical Reality
Recruitment/outreach to broaden applicant pools is often allowed.
Using race/gender as a deciding factor in who gets the job is not (absent a court-ordered remedy for specific past discrimination).
Disparate impact (neutral policies that unintentionally affect groups differently) can be challenged but doesn't justify intentional preferences without strong justification (Ricci v. DeStefano).
In short, government hiring must be merit-based and race/gender-neutral under current law. Policies that explicitly prioritize race or gender in selections expose agencies to lawsuits from rejected applicants. State laws and constitutions can add further restrictions. This is settled U.S. law, though specific cases depend on facts and jurisdiction.
Architectural Design: Quinn Evans Architects, Inc. holds the primary design contract (valued at approximately $3.3 million).
The City of Newport News is replacing the aging 16,635-square-foot Virgil I. “Gus” Grissom Library (built in 1977 on DeShazor Drive) with a modern, two-story facility.
Quinn Evans Architects, Inc.: Holds the contract for the architectural and engineering design of the 51,000+ square-foot facility.
Founded in 1984, Quinn Evans is a prominent, certified women-owned architecture firm known for40+ years of expertise in historic preservation, sustainable adaptive use, and urban revitalization. As the 2024 AIA Architecture Firm Award winner, they specialize in cultural, educational, and public projects, employing over 200 professionals across six offices.
The City of Newport News Small, Women & Minority Program (SWaM) is an initiative designed to bolster and increase the participation of SWaM-certified firms in city contracting and procurement opportunities. It acts as a diversity-focused purchasing initiative, offering free workshops, mentoring, and support to local businesses to compete for city contracts.
Title VII of the Civil Rights Act of 1964 (applies to federal government and most public employers): Prohibits discrimination in hiring "because of" an individual's race, color, sex (including gender), or other protected characteristics. It is unlawful to favor or disfavor applicants based on these factors.
https://www.nnva.gov/689/Small-Women-Minority-Program-SWAM
The Contractor: The company handling the demolition prep is Richmond-based Cephas Next, led by its president, Morris Cephas. (For historical context, Morris Cephas and a previous entity, Cephas Industries, were tied to a 2013 controversy where a $500,000 federal grant for a Richmond biomass recycling facility failed to materialize).
Cephas NeXt (often styled Cephas Next or CEPHAS NeXt, Inc.)
It is a real Richmond, Virginia-based company specializing in demolition, site preparation, structural/interior demolition, clearing, and excavation.
Headquartered in Richmond (address: 2920 W. Broad Street, F15, Richmond, VA 23230). It has been operating since 1995.
Morris Cephas serves as President/CEO. He has held this role since 1995 and previously led Cephas Industries.
Historical Context (2013 Controversy)
Morris Cephas and Cephas Industries received a ~$500,000 federal grant (via the American Recovery and Reinvestment Act/stimulus funds, administered through the Virginia Department of Mines, Minerals and Energy) for an “Open-Loop Biomass Manufacturing Project” — a proposed biomass recycling facility in Richmond.
The facility was never built, and the project did not materialize despite announcements and a groundbreaking.
This led to federal investigations. In 2015, Cephas Industries, Morris Cephas, and his wife Chiroya Cephas faced a 28-count federal indictment for conspiracy, theft of government property, and false statements. They were accused of misusing a significant portion of the funds for personal expenses (including IRS debts) rather than the intended project.
In 2016, they pleaded guilty to reduced charges, received probation (no jail time), and were ordered to pay restitution (e.g., ~$108,500 to the Department of Energy)
