The FAIR Act of 2025 prohibits the federal government and recipients of federal aid from discriminating or granting preferential treatment based on race, color, or national origin in contracts, employment, and federally funded programs, while also requiring a review of existing policies to ensure compliance. This act does not retroactively affect pending legal cases or existing contracts and subcontracts.
Thomas Tiffany
Representative
WI-7
The FAIR Act of 2025 prohibits the federal government and recipients of federal aid from discriminating or granting preferential treatment based on race, color, or national origin in federal contracts, employment, and programs. It requires federal agencies to review and update their policies to comply with the Act and allows individuals harmed by violations to sue for relief. The Act does not retroactively affect pending legal cases or existing contracts and subcontracts. It also clarifies that the Act does not alter existing immigration or nationality laws.
FAIR Act of 2025 Bans Race-Based Preferences in Federal Government: Lawsuits Now an Option for Alleged Discrimination
The FAIR Act of 2025 flat-out prohibits the federal government from discriminating against or giving preferential treatment to anyone based on race, color, or national origin. This applies across the board – federal jobs, contracts, and any other federally funded programs. Think construction projects, grant applications, or even getting hired at a federal agency. The bill, short for the "Fairness, Anti-discrimination and Individual Rights Act of 2025," also bars the feds from pushing contractors or anyone receiving federal money to do the same (SEC. 2 & 3).
Level Playing Field or Regulatory Overkill?
The core idea is to ensure a supposedly 'colorblind' approach to federal operations. For example, a small business owner applying for a federal contract wouldn't (in theory) see race as a factor in the decision-making process, either for or against them. The same goes for someone applying for a job at, say, the Department of Transportation. If someone feels they were discriminated against, they can now sue the government directly and, if they win, get their attorney fees covered (SEC. 6). Within six months of the law's passage, every federal agency has to scrub their existing policies and regulations to make sure they're in line with the new rules, reporting any updates to the House and Senate Judiciary Committees (SEC. 5).
Real-World Ripple Effects
While the stated goal is equal opportunity, the practical impact is where things get tricky. The bill defines "preference" very broadly, including "any kind of advantage," such as quotas or even numerical goals (SEC. 8). This could mean dismantling programs designed to address historical inequities. For instance, initiatives aimed at increasing the representation of underrepresented groups in STEM fields could be challenged if they're seen as giving any sort of 'advantage.' It will be up to the courts to decide.
The Fine Print and Potential Challenges
One crucial caveat: the FAIR Act doesn't touch existing immigration laws (SEC. 4). Also, any contracts or legal cases already underway before the Act's passage are unaffected (SEC. 7). But the broad definition of "preference" is almost certain to spark legal battles. What constitutes an 'advantage' will likely be debated on a case-by-case basis, potentially leading to inconsistent application of the law. And while the Act aims for fairness, some may argue it actually hinders efforts to level a playing field that's been historically uneven.