From: Roger Clegg
Sent: April 6, 2015
To: rule-comments@sec.gov
Subject: File No. S7-02-15

April 6, 2015

Re:  “SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74239; File No. S7-02-15] Contract Standard for Contractor Workforce Inclusion and Request for Public Comment // AGENCY: Securities and Exchange Commission // ACTION: Notice of proposed contract standard; notice of proposed  information collection; and request for public comment.”

To whom it may concern:

Section 342 of the Dodd-Frank statute and its implementation raise serious constitutional and policy problems, to the extent that classifications and preferences on the basis of race, ethnicity, and sex are used, as discussed here: 

www.fed-soc.org/aboutus/DownloadLibrary?id=3675

See, as well, this earlier comment (and, especially, the EEOC testimony referenced therein, the two documents for which are best accessed at http://www.eeoc.gov/eeoc/meetings/archive/2-28-07/clegg2.html and  http://198.173.245.213/pdfs/eeoctestimony2-07.pdf ) re prohibitions on workforce discrimination and preference:

http://ww3.fca.gov/projectws/regdev/SitePages/regtext.aspx?PId=327705&CId=668

Finally, this link is also useful:

http://ceousa.org/attachments/article/747/Comment%20re%20Proposed%20Interagency%20Policy%20Statement.pdf

Accordingly, we respectfully request that such classifications and preferences not be used unless mandated by the statute, and then used only to the extent explicitly required by the statute’s text. 

Sincerely,

Roger Clegg
President and General Counsel