The Percy Program

It is a fight to level the playing field to be able to compete for jobs and careers on the basis of skills and make available apprentice training to all. In 1973 Al Percy launched a class action lawsuit to give workers like him a chance to better their lot in life. It would also ensure the availability of skilled workers to build the infrastructure of the future. Who is Al Percy? What is the lawsuit?

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Matter of Fullilove v Carey 48 NY2d 826 regarding Executive Order 45 unenforceable and unconstitutional

  • Text
  • Fullilove
  • Carey
  • Programs
  • Appellate
  • Regulations
  • Affirmative
  • Unconstitutional
  • Affirmed
  • Contracts
  • Contractors
  • Unenforceable

Matter of Fullilove v Carey 48 NY2d 826 regarding Executive Order 45 unenforceable and

Matter of Fullilove v Carey, 48 N.Y.2d 826 (1979) 399 N.E.2d 1203, 424 N.Y.S.2d 183 48 N.Y.2d 826, 399 N.E.2d 1203, 424 N.Y.S.2d 183 (Mem) In the Matter of H. Earl Fullilove et al., as Trustees of the New York Building and Construction Industry Board of Urban Affairs Fund, Respondents, v. Hugh L. Carey, as Governor and Chief Executive Officer of the State of New York, et al., Appellants. Court of Appeals of New York Argued September 5, 1979; decided November 20, 1979 CITE TITLE AS: Matter of Fullilove v Carey SUMMARY Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered July 14, 1978, which, by a divided court, affirmed a judgment of the Supreme Court at Special Term (Roger J. Miner, J.; opn 91 Misc 2d 531), entered in Albany County in a proceeding pursuant to CPLR article 78, (1) converting the proceeding into an action for declaratory judgment, (2) declaring that Executive Order No. 45 (9 NYCRR 3.45)Executive Order No. 45 (9 NYCRR 3.45) as promulgated by Governor Carey was an unauthorized exercise of legislative power, illegal and unconstitutional, (3) enjoining appellants from implementing the provisions of said Executive Order, and (4) directing appellants to refrain from promulgating or enforcing any rules and regulations issued pursuant to said Executive Order. Executive Order No. 45Executive Order No. 45 provided that all State contracts shall include language providing for contractors to undertake affirmative action programs, including goals for minority manpower utilization; that contractors shall submit affirmative action programs before contracts are awarded as required by rules and regulations of the Commissioner of Human Rights, and that the commissioner shall adopt rules and regulations necessary to effectuate the order. The Appellate Division concluded that Executive Order No. 45Executive Order No. 45 was unconstitutional since it went beyond any specific statutory requirement that contractors follow nondiscriminatory hiring practices and beyond the mere requirement that rules and regulations or programs be developed by the Commissioner of Human Rights, and since the order “ 'assumes the power of the Legislature to set State policy in an area of concededly increasing public concern.' ” *827 Matter of Fullilove v Carey, 62 AD2d 798, affirmed. HEADNOTES Governor Imposition of Affirmative Action Programs by Executive Order (1) An order of the Appellate Division which affirmed a judgment declaring unconstitutional Executive Order No. 45, which provided that all State contracts shall include language providing for the contractor to undertake affirmative action programs, including goals of minority manpower utilization, and for submission of affirmative action programs before contracts are awarded, is affirmed for reasons stated in the opinion at the Appellate Division, which concluded that Executive Order No. 45 went beyond any specific statutory requirement that contractors follow nondiscriminatory hiring practices and beyond the mere © 2020 Thomson Reuters. No claim to original U.S. Government Works. 1

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