# The FAIR Act of 2023: What It Actually Does

This bill would ban the federal government and any organizations receiving federal money from considering race, color, or national origin when making decisions about hiring, contracts, education admissions, or other programs. Essentially, it aims to eliminate what supporters call "preferential treatment" based on these characteristics, while opponents argue it would eliminate affirmative action and diversity programs.

Here's what would change in practice: Federal agencies couldn't use race as a factor when hiring employees or awarding government contracts. Universities, hospitals, and other institutions that receive federal funding—which includes most colleges and many private organizations—couldn't consider race in admissions or employment decisions. If a company gets a federal contract or receives federal financial assistance, they'd face the same restrictions. The bill defines "preference" broadly to include not just explicit favoritism, but also things like diversity goals, numerical targets, or timetables aimed at increasing representation of particular groups.

The bill gives people the right to sue if they believe they've been harmed by a violation, and if they win, they can recover back pay and attorney's fees. However, the law wouldn't apply to cases already in court or contracts already signed before the bill takes effect. Within six months, every federal agency would have to review their current policies and rules to make sure they comply with these new requirements.

This is a contentious issue because people disagree fundamentally about what "equal treatment" means. Supporters believe the bill ensures fairness by treating everyone identically regardless of background. Critics worry it would eliminate programs designed to address historical discrimination and reduce diversity in workplaces and schools.

FAIR Act of 2023

Fairness, Anti-discrimination and Individual Rights Act of 2023 or FAIR Act of 2023 This bill prohibits the federal government and federally funded entities from discriminating against, or giving preference to, any person or group on the basis of race, color, or national origin with respect to contracts, employment, or other relevant activities. Federal agencies must review and modify their policies to conform with the bill's requirements. The bill also provides a private right of action for violations. The bill defines preference as an advantage of any kind, including quotas, set-asides, numerical goals, timetables, or other numerical objectives.