Revisiting Troy Taylor’s Viral Moment As XCEL Summit For Men Approaches It’s 10-Year Anniversary

Revisiting Troy Taylor’s Viral Moment As XCEL Summit For Men Approaches It’s 10-Year Anniversary

Taylor reminds the Black men in the room that America is their country, too


Coca-Cola Beverage of Florida CEO Troy Taylor shares why staying connected to friends, communities, and people in general creates opportunities that benefit everyone. Several people honored with the same Black Enterprise XCEL Award he received at the 2025 XCEL Summit for Men were people Taylor had done business with over the years. He names fellow honoree Larry Fitzgerald as a prime example. He says “togetherness” is how communities grow stronger and larger. This was his message to the attendees. It’s also the message that BLACK ENTERPRISE embraces. And Taylor reminded the Black men in the room that America is their country, too, despite what is going on in Washington, DC, under the current presidential administration. Hear it directly from Troy Taylor himself in this short clip. 

RELATED CONTENT: Black Men XCEL: Our Movement To Advance Black Men

Trump, Iran War, inflation, NAACP, Democrats

Trump Says Americans’ Finances Aren’t On His Mind As Inflation Climbs

Trump told reporters he was not considering the economic impact on Americans "even a little bit" during a recent interview.


President Donald Trump faces new criticism after saying he does not think about Americans’ financial struggles while inflation keeps rising and Black households report increasing economic pressure across the country.

While giving comments on the ongoing U.S. conflict with Iran, Trump told reporters he was not considering the economic impact on Americans “even a little bit” as his administration focuses on military and diplomatic efforts abroad. His remarks came on the same day new federal data showed inflation rose 3.8% in April compared to a year earlier, the highest increase in three years.

“The only thing that matters when I’m talking about Iran: they can’t have a nuclear weapon. I don’t think about Americans’ financial situation. I don’t think about anybody,” the president said.

According to a U.S. Department of Labor report, increases in gas, food, and housing costs were among the largest contributors to the latest inflation surge. Analysts and advocacy groups warned that Black Americans are facing greater hardship due to long-standing wealth and wage gaps.

The report pointed out that Black unemployment recently climbed to 7.3%, staying near levels seen during the COVID-19 pandemic recovery period. Civil rights organizations argued that the rising cost of living is worsening existing economic inequalities in Black communities.

Hakeem Jeffries, the Democratic leader of the U.S. House of Representatives, criticized Trump’s response, accusing the administration of overlooking the financial realities that working-class Americans face as prices continue to rise ahead of the 2026 midterm elections. He told The Grio, “The reckless Republican war of choice in Iran is crushing the financial situation of the American people. Donald Trump just made clear he doesn’t give a damn. At what point have you had enough?”

NAACP President Derrick Johnson also blamed Trump for increasing consumer costs and financial strain nationwide.

He told The Grio, “Life is getting more and more unaffordable every single day, and you bet that all of us will send Donald Trump a clear message in November when we head to the polls.”

RELATED CONTENT: Justice Department Declares Presidential Records Law Unconstitutional, Raising Alarms Over Executive Power

Target, stock decline, turnaround

Target Stock Hits Worst 3-Day Stretch In More Than A Year

Investors are growing uneasy about whether the retail giant can sustain momentum after years of sluggish sales, declining store traffic, and mounting consumer complaints


Why is Target’s Stock Dropping?

Shares of Target dropped more than 5% on Monday, marking the retailer’s steepest one-day decline since August and extending its losing streak to three consecutive trading sessions. According to The Wall Street Journal’s The Barron’s Daily report, the latest drop erased nearly 9% of the company’s value over the past three days — its worst three-day performance in more than a year — as analysts and investors raise concerns about the company’s long-term turnaround plan.

Market Performance vs. Reality:

The selloff comes despite Target posting a surprisingly strong rally earlier this year. The retailer’s stock had climbed more than 20% year-to-date, outperforming many competitors and even the broader S&P 500. But now, some on Wall Street fear the optimism may have outpaced reality.

Leadership Concerns:

Investor anxiety intensified Monday following a report questioning whether Target CEO Michael Fiddelke can restore the retailer’s former momentum. Critics argue that while Fiddelke understands the company’s culture and operations, his long history inside the organization may limit his ability to deliver the bold transformation some analysts believe Target desperately needs.

Concerns also grew after Barclays analyst Seth Sigman reiterated an “Underweight” rating on the company and maintained a $115 price target, below Target’s recent trading level. Sigman acknowledged that Target likely delivered a solid first quarter but suggested much of the improvement came from easy operational fixes rather than meaningful long-term growth strategies.

“Overall, our key take is that we feel better about Target getting back to the baseline after the sales/margin reset in 2025,” Sigman reportedly noted, “but less clear on how that grows.”

The company is also heading into a highly anticipated earnings report scheduled for May 20, adding another layer of pressure for investors worried about slowing consumer spending.

Target has struggled to regain its footing since late 2021, when its stock reached record highs. Since then, shares have lost roughly half their value amid declining store traffic, weak sales, customer complaints, and a nationwide Target boycott launched last year by Black faith and social justice leaders. Furthermore, analysts warn that rising gas prices and tighter household budgets could cause consumers to cut back on discretionary purchases.

RELATED CONTENT: Organizers Claim Target Boycott Continues Despite Claims It Ended, Pastor Jamal Bryant To Address Backlash

BLAQOLA Granola

BLAQOLA Is A Black-Owned Granola Brand, Blending Art And Community

This Black-owned granola company describes itself as a place "where art and granola meet."


What is BLAQOLA Granola?

As consumers seek healthier snack options and more ways to support Black-owned businesses, BLAQOLA Granola is establishing itself as a brand that combines culture, wellness, and creativity in one product line. 

Founded by entrepreneur Alita Carter, this Black-owned granola company describes itself as a place “where art and granola meet.”

It offers artisan-style snacks made with natural ingredients and focuses on community engagement. The company began with a mission centered on quality, culture, and representation, while also providing opportunities for artists and creatives to gain visibility through the brand’s packaging and storytelling.

The Product Line: Artisan Flavors and Ingredients

BLAQOLA currently sells three signature granola flavors in its online store. Each blend aims to enhance everyday snacking, breakfast, and on-the-go meals. The first flavor, ‘Choc Rock’, is “a multi-dimensional granola with deep character, combining organic dark chocolate with salted cashew nuts,” according to the company’s website. The second is ‘Notta Nut,’ which “delivers the same expertly toasted oats, seeds, and signature spice blend that made the original legendary, now crafted for those who prefer their granola nut-free.” The third is ‘The Bomb Batch,’ which is “a masterful blend of hearty toasted oats, premium nuts, and crunchy seeds, all kissed with a special blend of warm, aromatic spices.”  

The company promotes its products as versatile options that can be enjoyed with yogurt, fruit, or on their own. According to the brand’s website, its granola emphasizes authentic ingredients and offers a “nourishing adventure” for those looking for healthier choices.

A Mission of Representation and Quality

Beyond food, BLAQOLA is also heavily focused on art and collaboration. Through its affiliated platform, COCOASAVVY, the company aims to highlight artists whose work deserves more attention. The brand is actively looking for creatives and artists to help create new packaging concepts as it enhances its visual identity and product presentation.

The company is partnering with organizations and community initiatives as part of its outreach efforts. BLAQOLA has already contributed to notable charitable and cultural events, including the Whitney E. Houston Legacy Foundation’s “Legacy of Love Gala.”

The brand’s focus on culture and community extends to fundraising opportunities. Its website promotes partnerships for retail and fundraising efforts, positioning the granola line as both a food product and a community-centered business model. 

RELATED CONTENT: BLACK ENTREPRENEUR TEAMED UP WITH BEER BREWERIES TO MAKE HIS OWN GRANOLA BARS

debt management, cut expenses

Americans Face Record Debt As Credit Card And Auto Loan Delinquencies Surge

The report found that Americans now hold a record $18.8 trillion in household debt


American households are falling deeper into debt as rising costs and loan delinquencies reach some of the highest levels seen in years, according to new data released this week by consumer advocacy organization Protect Borrowers and the Federal Reserve Bank of New York.  

The report, published May 12 in Washington, D.C., found that Americans now hold a record $18.8 trillion in household debt, fueled by increases in credit card balances, auto loans, and student loan obligations. Researchers said millions of borrowers are struggling to keep up with payments as inflation, elevated interest rates, and everyday living expenses continue squeezing family budgets.  

According to the Federal Reserve data highlighted in the report, credit card delinquency rates climbed to 13.1%, the highest level in roughly 16 years. Auto loan delinquency rates also reached record highs in the first quarter of 2026, while student loan delinquencies rose to 10.3% after pandemic-era repayment protections expired.  

Protect Borrowers Executive Director Mike Pierce said many working-class families are facing mounting financial instability as wages fail to keep pace with the cost of housing, groceries, and transportation. The organization argued that recent federal economic policies and the resumption of student loan collections have intensified pressure on borrowers nationwide.  

“Working families are at a breaking point and desperately need relief. Instead, President Trump is bragging about his plans for a new White House ballroom while his head economist touts families’ surging debts as a sign of a booming economy,” he said.

Separate analyses from the Federal Reserve Bank of New York showed borrowers who fall behind on one type of debt are increasingly likely to miss payments on multiple accounts at the same time, signaling broader financial distress across U.S. households.  

The findings arrive as millions of Americans resume federal student loan payments following the end of pandemic relief measures. Recent reporting from Business Insider found that more than 3.5 million borrowers defaulted on student loans over the past several months, with older Americans increasingly among those struggling to repay debt.  

Advocacy groups warn the situation could worsen later this year if inflation and borrowing costs remain elevated and additional repayment assistance programs are scaled back.  

RELATED CONTENT: Four Ways To Reduce What You Owe As Credit Card Debt

All Roads Lead to the South, Louisiana v. Callais, protest

Voting Rights Advocates Mobilize Nationwide For ‘All Roads Lead To The South’ Day Of Action

Thousands are expected to rally in Alabama this weekend after recent court rulings weaken protections tied to Black voting power and representation


What is the ‘All Roads Lead to the South’ Day of Action?

Voting rights advocates, faith leaders, and civil rights activists will gather across Alabama and cities nationwide on Saturday, May 16, as part of the “All Roads Lead to the South” National Day of Action for Voting Rights, a coordinated movement centered on protecting Black voting rights and political representation.

The demonstrations, organized by voting rights groups and supported by the No Kings Coalition, follow a recent decision by the U.S. Supreme Court to end a lower-court order that required Alabama to maintain two majority-Black congressional districts in the U.S. House of Representatives. The ruling came after the court revisited the case in light of Louisiana v. Callais, a redistricting decision that found Louisiana’s congressional map unconstitutional due to concerns about racial gerrymandering. Voting rights advocates argue the Alabama ruling could weaken Black political influence throughout the South.

“The dismantling of the Voting Rights Act is a reminder that we have unfinished business,” reads a statement on the event’s website.

Coalition Leadership and Advocacy

In a statement, coalition leaders accused Republican-led states of advancing voting restrictions and redistricting strategies that disproportionately impact Black communities.

“What is happening right now is deliberate, coordinated, and being driven by Republican politicians committed to abusing power and rigging the system to hold control for themselves and silence Black voters,” organizers said, according to the Montgomery Advertiser.

Black Voters Matter co-founders Cliff Albright and LaTosha Brown also called for national solidarity ahead of the demonstrations. “The attacks on voting rights across the South are not isolated incidents,” the pair said in a joint statement. “They are part of a coordinated effort to weaken Black political power.”

Event Schedule and Historic Locations

Major events are scheduled in Selma and Montgomery beginning with a prayer gathering at 9 a.m. at the Edmund Pettus Bridge, the site where civil rights activists were brutally attacked during the 1965 Selma Marches that helped pave the way for the passage of the Voting Rights Act. A larger rally is expected later in the day at the Alabama State Capitol in Montgomery. A rally will also be held in Montgomery at 1 p.m.

In a video posted on Instagram, award-winning podcast host, attorney, political strategist, and social justice advocate Angela Rye urged people to show up and support the protest in Alabama.

“I am here with an urgent message,” said Rye. “We are planning a mass mobilization effort that will take place at Montgomery, Alabama, on next Saturday, May 16th, at 1 p.m. I know some of you are thinking, ‘Why are we going to Montgomery?’ Some of you got to be thinking, it’s hard to get to,” she continued.

“Let me tell you what is hard. The times we’re living in right now, where people think they can take our right to vote away, where they think they can take our ability to duly elect a representative of our choosing, where they can eliminate congressional districts that represent our communities. That is what we’re dealing with. And so, what we have to do is think about our ancestors. Think about the many ways in which they sacrificed to ensure that we would have opportunities. That is what this moment requires.”

RELATED CONTENT: Amid Protests, South Carolina Lt. Gov Says Trump Has ‘Done More For HBCUs’ Than Other Administrations

JustAnswer Immigration Attorney Jamene Christian

How Unequal Immigration Enforcement Is Affecting Black Women’s Health—And Our Wallets

A Black female immigration attorney discusses the unspoken ways Black women are carrying the weight


As an immigration attorney, a proud “immigrant adjacent” wife—having successfully petitioned for her husband decades ago —and mother to two children with an immigrant father, Jamene Christian has a unique perspective on what’s happening in the country right now when it comes to immigration.

“Sadly, immigration laws, policies, and enforcement have veered away from the humanitarian approach of past administrations and congresses,” she says.

“Non-criminal high school students, college students, hardworking tax-paying mothers and fathers to U.S. citizen children, grandparents, and even children are being, in some cases, violently detained and removed from the U.S. in less than 72 hours,” she continues. “And, bear in mind, many of these undocumented people were actively going through the proper channels to legalize their status.”

As a Black immigration attorney married to a Black immigrant, one of the things Christian finds most concerning is how gender, race, income, and the “over-policing” of Black communities are leading to inequitable enforcement outcomes:

“I am bearing witness to unequal, Supreme Court-sanctioned ICE enforcement priorities and practices—that often overlook or ignore undocumented non-Black or non-Latino immigrants.”

Here, she shares her perspective on the challenges Black women and families face and offers advice for navigating the emotional, financial, and legal challenges.

What concerns are you hearing from undocumented Black women?

Many undocumented Black women who are married to U.S. citizen spouses or green card holders are in fear of being deported and separated from their spouses and U.S. citizen children. The uncertainty of not knowing if you will return home to your family at the end of the day causes many undocumented Black women, especially those living in counties, cities, and states where local and state police work with federal ICE agents, to limit unnecessary activities outside of the home. If they dare to drive, they make sure that their cars are in good repair—no broken taillights. And they have indefinitely postponed domestic air travel due to ICE at the airports.

I had one undocumented Black woman with a pending USCIS application reach out to me to get an opinion on whether she should attend her father’s funeral in California, 3,000 miles away from her home in New York City. She was afraid to fly, she did not want to risk driving for fear of a traffic stop, and she feared Amtrak because ICE agents can and do board trains to perform immigration checks. My professional advice to the grieving woman: attend via Zoom. Regrettably, her fears were valid.

You’ve witnessed firsthand how immigration is affecting Black women.

Black women often “carry the weight” of their families even though they have loving, supportive spouses in the home. That’s what women do. Now imagine the undocumented Black woman. Immigration laws and policies are changing almost daily. In spite of the legal uncertainties, the undocumented Black woman must continue to care for her family, continue to operate her business, or show up for work.

If it’s the Black woman who has lawful status and the partner who is out-of-status, if the partner is deported, it is the documented woman who will be left to raise the children and to provide financially for the family. The “carried weight” is also emotional and physical—having a negative bearing on women’s mental and physical health.

What about the financial burden immigration policies are placing on Black women?

Black women in mixed status families face a harsh financial reality: no or limited access to government safety net programs even though they may have U.S. citizen children who are eligible for financial assistance (because they don’t want to include their name on government paperwork); risk of financial workplace exploitation; or actual exploitation in their own home if the U.S. citizen spouse is financially abusive to the undocumented wife. Also, you have to factor in the cost of legal representation when attempting to legalize your status or defend against a deportation order.

What resources are available to help Black women navigate immigration issues?

There are organizations built specifically to support Black immigrants with legal help, emotional support, know-your-rights education, emergency planning, and community care. African and Caribbean churches provide not only spiritual support, but these churches also offer workshops where they invite immigrant attorneys to come in and offer pro-bono services to help Black undocumented people. Legal aid societies and volunteer lawyer associations offer low-cost or pro-bono immigration representation, and some private practice immigration attorneys offer compassionate and culturally sensitive pro-bono or sliding scale representation.

One trusted place that is Black-led and Black-centered is the Black Alliance for Just Immigration. There are also trusted organizations that provide support to all undocumented persons: the National Immigration Law Center and the Immigrant Legal Resource Center, to name two. Finally, there are online platforms like JustAnswer.com, where I am a verified Immigration Legal Expert. JustAnswer.com is an online platform that connects users with verified immigration lawyers for 24/7, anonymous, on-demand assistance via chat, phone, or email—where undocumented people can safely and anonymously have their pressing questions answered.

RELATED CONTENT: Inside Trump’s ICE Facilities: Overcrowding, Neglect, And A System Critics Call Despicable

Robert Johnson XCEL

BET Founder Robert L. Johnson To Receive XCEL Honors At BLACK ENTERPRISE’s 2026 XCEL Summit For Men

Black Enterprise announced this recognition this week ahead of the annual summit.


Media mogul and entrepreneur Robert L. Johnson will receive an XCEL Award at the 2026 BLACK ENTERPRISE XCEL Summit for Men, taking place in Orlando, Florida, at the the Hyatt Regency Grand Cypress on Oct. 21-Oct. 23, 2026. This honor adds to his impressive career, which has transformed Black media and business leadership.

BE announced this recognition ahead of the annual summit. The event, in its 10th year, celebrates influential Black leaders across various fields, including business, entrepreneurship, entertainment, and social impact. Johnson is acknowledged for his long-standing contributions to wealth creation, media ownership, and economic empowerment in the Black community. BE has always followed Johnson’s excellence in business, previously ranking his holding companies among the top Black-owned companies in the country on the BE 100’s list. BE also named him one of the 40 Titans,, the most powerful African Americans in business.

Johnson is best known as the founder of BET, which launched in 1980. It later became the first Black-owned company listed on the New York Stock Exchange. In 2000, he sold BET to Viacom in a multibillion-dollar deal, making him one of America’s Black billionaires.

John Malone, an early BET investor, raved about Johnson’s excellence, telling Wharton University, “Johnson has an extraordinary ability to see opportunities that others miss.”

Since then, Johnson has broadened his business interests through The RLJ Companies. He invests in various industries, including hospitality, private equity, automotive, and financial services. He also made headlines in professional sports by becoming the first Black majority owner of an NBA franchise when he purchased the Charlotte Bobcats in 2003.

The XCEL Summit for Men celebrates its 10-year anniversary in October and has become a key event for BE. It brings together executives, entrepreneurs, and thought leaders for networking sessions, leadership workshops, and discussions focused on professional growth and community improvement. Previous honorees have included business leaders, athletes, and advocates recognized for their lasting impact in their fields.

Johnson’s selection as a 2026 honoree highlights the summit’s ongoing focus on legacy, ownership, and generational wealth. These themes have defined his career for over four decades.

RELATED CONTENT: First Black Billionaire’s Mission to Get Blacks $14 Trillion


Baddie Con Breast Cancer

Breast Cancer BaddieCon 2026 Aims To Redefine Survivorship Of Women Of Color

A national nonprofit dedicated to supporting women of color affected by breast cancer is hosting its signature survivorship conference


A national nonprofit dedicated to supporting women of color affected by breast cancer is hosting its signature survivorship conference in Atlanta this May, placing a strong focus on healing, advocacy, and community.

The For the Breast of Us Foundation announced that Breast Cancer BaddieCon 2026, themed “Survivorship Reimagined,” will be held from May 14-17 at the Atlanta Evergreen Lakeside Resort. This four-day event is designed to create culturally intentional spaces for breast cancer survivors, caregivers, medical professionals, and advocates, especially women of color who often encounter disparities in treatment results and access to care.

The American Cancer Society reports that breast cancer is the most commonly diagnosed cancer among women in the United States. Black women face higher mortality rates from the disease despite lower incidence rates compared to white women. Researchers continue to investigate this gap, looking at issues like access to care, early detection, and systemic inequality.

Organizers state that the conference aims to go beyond traditional discussions about survivorship. It will include wellness programming, educational workshops, and spaces focused on joy and emotional healing. Attendees can participate in panel discussions, fireside chats, and advocacy sessions, as well as activities focused on community-building, resilience, and identity.

Marissa Thomas, who co-founded the organization after her own journey with the disease, highlighted that the gathering addresses conversations and support systems that are often ignored in mainstream cancer discussions:

“Breast Cancer BaddieCon: Survivorship Reimagined is centering the lived experience for Women of Color impacted by breast cancer. It’s a place where we address the gaps often left out of the conversation in most spaces.”

The conference is sponsored by pharmaceutical and healthcare companies, including Pfizer, Novartis, Eli Lilly and Company, and Exact Sciences. Organizers say the event represents a larger effort to redefine survivorship through advocacy, education, and community-focused support.

RELATED CONTENT: Bun B Big Ups Wife Queenie After Her Successful Battle Against Breast Cancer

US DOT Is Trying To ‘E-Race’ What Cannot Be Erased With The ‘Interim Final Rule’

US DOT Is Trying To ‘E-Race’ What Cannot Be Erased With The ‘Interim Final Rule’


Written by Hanna Rowell and Morgan Wilson, Esq.

On Oct. 3, 2025, the United States Department of Transportation (USDOT) issued an Interim Final Rule (IFR) regarding modifications to the Disadvantaged Business Enterprise (“DBE”) and Airport Concessions Disadvantaged Business Enterprise (“ACDBE”) programs. Griffin & Strong is a firm at the forefront of non-discrimination and procurement research. Our team has conducted a detailed review of the IFR and collaborated to put together the information in this article.

The major modification that the IFR makes is to remove the Congressional mandate for race- and sex-based presumptions of social and economic disadvantage from DOT program eligibility. In other words, women and minority race/ethnic groups are no longer presumed to be disadvantaged by the DOT. Instead, they must now prove disadvantage to qualify as a DBE or ACDBE during the recertification process. This change triggers other modifications, such as:

  • Replacing existing terms of “race-neutral” and “race-conscious” with “DBE-neutral” and “DBE- conscious.”
  • Requiring the recertification of all currently certified DBE and ACDBE firms, which means new applications now must include individualized proof of social or economic disadvantage in a personal narrative that cannot be “based in whole or in part on race or sex.” As discussed in further detail below, this is a meaningful example of the USDOT attempting to push the boundaries of what the Supreme Court has previously ruled, which remains good law.
  • Requiring each Unified Certification Program (UCP), which is the state certifying agency, to reevaluate all currently certified DBE and ACDBE businesses according to the new personal narrative requirements to determine if a firm is eligible for recertification under the new DOT terms, i.e., non-presumptive disadvantage.

Griffin & Strong note that the sum of the IFR modifications rests on a shaky foundation of district court cases, executive orders, and a single Supreme Court ruling applicable only to diversity efforts in college admissions (Students for Fair Admissions, or SFFA). The IFR misapplies good law and serves as a distraction and scare tactic meant to create a chilling effect with a reach more ambitious than its legal scope.

District courts are trial-level courts whose rulings are typically limited to their district. Even if these cases were to be applied at the national level, the specific district court cases the IFR relies upon (Ultima, Mid-America Milling, and Nuziard) would need to be complete. Instead, the cases cited in the IFR to substantiate its modifications are in preliminary stages with no final rulings yet issued. Regardless of how the district court cases are interpreted, these two facts alone preclude them from supporting the IFR’s reach. The presidential executive orders completely and purposefully disregard the distinction between programs and governmental action focused on “diversity” and actions focused on combating the present effects of past discrimination. Despite the Department’s attempt to group the two together, remedying “specific, identified instances of past discrimination that violated the Constitution or a statute” is still recognized as an acceptable governmental interest. Notably, this is reiterated in the Students for Fair Admissions Supreme Court ruling.

Intentional Mischaracterization and Overreach

The USDOT IFR was drafted by, or under the supervision of, numerous knowledgeable governmental officials (many with law degrees), which makes the mischaracterization much more concerning. This infirmity demonstrates that the federal government cannot unequivocally prove the unconstitutionality of DBE and ACDBE programs. As a workaround, USDOT is attempting to redefine what a DBE/ACDBE can be by conflating the indefensibility of the presumption of race or sex as disadvantage with using race or sex as evidence of disadvantage in your personal narrative. The practical effect of this is that the burden of proof to establish a firm’s disadvantaged status is shifted onto individual business owners, despite the legal overreach.

While Griffin & Strong acknowledge that the USDOT does have the authority to modify certain elements of the DBE/ACDBE programs (i.e., removing presumptions of race/sex), they do not retain the authority to determine or direct what a personal narrative of disadvantage faced by individual business owners can or cannot be. These two modifications are distinct from one another and therefore do not retain the same backing by the Supreme Court case law that the IFR cites:

  • Removing race- and sex-based presumptions of social and economic disadvantage from USDOT program eligibility
    • Supported by the SFFA Supreme Court ruling.
  • Not allowing race and sex related evidence of social and economic disadvantage to be shared as
    individualized proof in their personal narrative statement
    • NOT supported by the SFFA Supreme Court ruling. In fact, in SFFA, the Supreme Court held that individuals may cite their race and sex in a personal narrative statement.

There is a meaningful difference between these two modifications. Beyond economic disadvantage, the IFR does not clarify what sort of disadvantage can be relied upon in a personal narrative. Without clarity, it is up to the individual certifying agencies to determine their own criteria for reviewing personal narrative statements.

What Now? And How G&S Can Assist

The bottom line for certifying agencies and individual business owners is not to abandon your DBE/ACDBE or M/WBE programs in response to this IFR. The federal government is counting on a sweeping chilling effect on race- and gender-conscious programming so that they can achieve their ends of eradicating the effects of the civil rights gains of years past.

Remember, you are not under attack if you are following the right standards. Do you need to get rid of your program? No, but the IFR does require that goal setting be based on a current disparity study conducted using the new definitions of DBE and ACDBE to provide a legal foundation for a program. Previous studies that employed the prior definition of DBE/ACDBEs, in which race and/or gender were used as a presumption of disadvantage, are no longer usable for goal setting. Additionally, although not new to most disparity study methodology, the clarified disparity study expectations of the IFR require that newly conducted disparity studies include a “detailed capacity analyses, which may necessitate additional economic modeling, data collection, and expert analysis beyond what is standard practice in many jurisdictions,” and outline the methodology used for such analysis if the study is going to be used for goal- setting purposes. Disparity studies take approximately one year to complete. Therefore, G&S encourages agencies to initiate the disparity study solicitation process while conducting DBE/ACDBE recertification, rather than waiting until firms have recertified to begin the study, which would ultimately cause further delays in reestablishing goal setting.

Keep in mind that the IFR applies only to projects and contracts funded, in whole or in part, by the USDOT, and is applicable only to DBEs/ACDBEs and programs. Therefore, M/WBE programs remain lawful with an unexpired disparity study and should not be shuttered. Additionally, the IFR states that agencies are no longer required to track race and sex data, but that does not mean they cannot continue to do so. Maintaining your data collection ensures that future disparity studies can be based on recent, accurate data. Do you need to recertify? Yes, every DBE- and ACDBE-certified firm will be prompted by certifying agencies to undergo reevaluation in accordance with the new eligibility requirements, with a specific focus on the personal narrative portion.

Due to meaningful missteps in this IFR that render certain parts inapplicable, there are avenues to maintain your program and craft a personal narrative that reflects your experiences as an individual and business owner. Griffin & Strong is dedicated to helping governments and individuals navigate this volatile legal landscape.

Contact Griffin & Strong or fill out our meeting request form to discuss how to keep your program compliant and legally defensible with a robust disparity study, or to request assistance preparing your personal narrative.

For more information regarding Griffin & Strong’s assessment of the IFR, you can view our public comment submission to USDOT.

RELATED CONTENT: Flights at O’Hare To Be Reduced And Capped for Summer Travel Season

×