WILL, a conservative law firm with a proven track record of winning discrimination-in-contracting cases, is threatening legal action against Illinois Governor JB Pritzker’s Department of Transportation (ILDOT) as well as several other states who are refusing to comply with a recent Trump Administration directive to suspend all race- and gender quotas in the federally funded “Disadvantaged Business Enterprise” (DBE) program.
“The states’ behavior is illegal and irresponsible. Time and time again, federal courts and the Trump administration have indicated that using taxpayer dollars on race-based programs like the DBE are unconstitutional and unlawful. States that defy federal rules will face serious consequences. We are prepared to take appropriate action should Gov. Pritzker or any other state fail to comply with the Constitution and new federal guidance from the Trump Administration.” – WILL Deputy Counsel Dan Lennington
What New Trump Admin Rule Says?
On October 3, 2025, USDOT published an Interim Final Rule (IFR) eliminating race and sex discrimination in the Disadvantaged Business Enterprise (DBE) program. The IFR requires each state DOT to “reevaluate any currently certified DBE or ACDBE” and to “decertify any DBE or ACDBE that does not meet the new certification standards.”
USDOT’s official position is that it may not approve any “federal, state, or local DOT-funded projects with DBE contract goals where any DBE in that jurisdiction was determined to be eligible based on a race- or sex-based presumption.”
In short, no state, city, county, or prime contractor may award or enforce any federally funded contract with race- or sex- based goals. USDOT’s guidance is clearly laid out here.
States We Are Prepared to Challenge
***10.23.25 Update: Governor Pritzker’s Administration seems to be making changes to how their DBE program is administered following WILL’s letter. ***
The state of Illinois has posted contract announcement with illegal DBE goals. See the below screenshot from October 15th. Read the warning we sent last week.
The state of North Carolina has taken the position that existing and awarded contracts may still contain DBE goals. Read the warning we sent this week.
The state of South Carolina’s response to the DOT lacks clarity and leaves questions as to whether the Trump Administration’s rules will be followed. Read our letter.
WILL believes that states are jeopardizing billions of dollars in federal highway construction funding by continuing to enforce what the firm describes as racially discriminatory policies — policies that have been declared unconstitutional and are not supported by the Trump Administration.
For example, the Trump Administration has already punished the City of Chicago for imposing similar race-based quotas, suspending $2.1 billion in transportation funding just two weeks ago. The administration has taken similar action against New York
WILL’s Record of Winning Discrimination Cases
WILL represents a nationwide coalition of road and construction contractors and has been at the forefront of ending the discriminatory practices of the DBE program since 2023. WILL also represents roadbuilders in the landmark case of MAMCO v. USDOT, in which a federal judge ruled that the DBE program is unconstitutional. That case is still pending, and the parties are awaiting the judge’s final order.
WILL has also successfully sued the City of Chicago over its race-based casino project, which is now open to all investors because of WILL’s litigation.
