Title VI of the Civil Rights Act of 1964

Sub-Recipient Responsibilities

Greg Azure, ODOT Office of Civil Rights, Title VI Program ManagerJerrica Pierson Seeger, JP Seeger Consulting

March 12, 2010

State of Oregon

Regional Transportation System Stakeholders

Training Objectives

Provide ODOT Federal-aid sub-recipients with: Guidance on core responsibilities under Title

VI of the Civil Rights Act of 1964 and related authorities

Clarification of ODOT requirements Collaborate on achieving compliance Look at some tools to get started Answer questions

Presentation Outline

1. Overview of legal and regulatory environment

2. Exercise

3. Developing a compliant program

4. Preview templates

5. Sources for assistance

Part 1Overview of Legal and

Regulatory Environment

What is the Title VI Program? Title VI of the Civil Rights Act of 1964 was enacted

to prevent discrimination in any program or activity that receives federal financial assistance

FHWA’s and FTA’s nondiscrimination program is known as the Title VI Program

Program not limited to Title VI of the Civil Rights Act of 1964 (23 CFR 200.5(p))

Related Authorities

The 1970 Uniform Relocation and Real Property Acquisition Polices Act (42 U.S.C 4601) – Equity Displaced Persons

Federal Highway Act of 1973 (23 U.S.C. 324) - Gender Section 504 of the 1973 Rehabilitation Act (29 U.S.C 790) -

Disability The 1975 Age Discrimination Act (42 U.S.C 6101) - Age Americans with Disabilities Act of 1990 Title II (PL 101-336) -

Disability Executive Order 12898 in Environmental Justice (EJ) – Low Income Executive Order 13166 on Limited English Proficiency (LEP) -

Language

Expanded range and scope of Title VI coverage and applicability:

Implementing Regulations 49 CFR 21 (USDOT’s regulation) 23 CFR 200 (FHWA’s regulation) ODOT’s Title VI Policy ODOT’s Title VI Assurances

Title VI – Federal LawTitle 42 U.S.C. Section 2000d

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Definitions SUB-RECIPIENT

ODOT is a direct recipient of U.S. DOT transportation federal-aid

Those entities that receive transportation federal-aid from ODOT are sub-recipients

TITLE VI 42 U.S.C. 2000d - One of eleven

“titles” contained in the Civil Rights Act of the 1964

The Civil Rights Act of 1964- Titles Title I - Voting Rights Title II - Public Accommodation Title III - Desegregation of Public Facilities Title IV - Desegregation of Public Education Title V - Commission on Civil Rights Title VI - Nondiscrimination in Federally Assisted

Programs & Activities Title VII - Equal Employment Opportunity Title VIII - Registration and Voting Statistics Title IX - Intervention & Procedure after Removal in Civil

Rights Cases Title X - Establishment of Community Relations Service Title XI - Miscellaneous

Definitions

That act (action or inaction), whether intentional or unintentional, through which a person in the United States solely because of their race, color, national origin, sex, age, disability, etc, is subjected to disparate/unequal treatment or impact, in any program or activity receiving Federal Financial assistance from FHWA under 23 U.S.C.

23 CFR 200.5(f)

Discrimination

Disparate Treatment/Disparate Impact Both are Prohibited under Title VI

Disparate treatment; The recipient intentionally discriminates based on protected status

Disparate impact; the recipient has a neutral practice or procedure that has a disparate impact on protected groups

Title VI – Who is Responsible? Any government, organization, or university that

receive federal dollars are accountable for complying with Title VI requirements.

All program operations of a federal-aid sub-recipient are required to be in compliance with Title VI whether they receive federal funding or not.

It is the responsibility of each ODOT sub-recipient to also ensure and monitor the Title VI compliance of their “sub-recipients.”

Title VI Responsibilities

DOT Title VI Regulations Recipients may not:

Deny any individual a service, financial aid, or benefit, on the grounds of race, color, or national origin

Provide any service, financial aid or benefit that is different from that provided to others

Restrict an individual in the enjoyment of any advantage or privilege enjoyed by others

49CFR21.5(b)

Title VI Responsibilities

DOT Title VI Regulations Recipients may not treat individuals differently in

terms of whether they satisfy admission, eligibility or membership

Deny an individual the opportunity to participate in the provision of services

Deny a person participation as a member of a planning or advisory body

49CFR21.5(b)

Ensure Equitable Program Impacts

Access Benefits Participation Treatment Services Contracting

Opportunities

Allocation of Funds Prioritization of

Projects Complaint

Investigation

Environmental Justice

Each Federal agency must identify and address, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority and low-income populations.

Environmental Justice

Environmental Justice

Three Principles:1. To avoid, minimize, or mitigate

disproportionately high and adverse human health and environmental effects, including social and economic effects on minority populations and low-income populations

2. To ensure the full and fair participation by all potentially affected communities in the transportation decision –making process

3. To prevent the denial of, reduction in, or the significant delay in the receipt of benefits by minority and low-income populations

Americans with Disabilities Act (ADA) TITLE I—Employment TITLE II—Public Entities TITLE III—Public Accommodations Private Entities TITLE IV—Telecommunications TITLE V – Miscellaneous

Public Entity Obligations under ADA Title II Must not discriminate against qualified individuals

with disabilities Maintain accessible features Provide equal access to programs and services

ADA Prohibited Discrimination

Denial of services, benefits or program participation.

Providing different, unequal or ineffective benefits or services.

Providing inaccessible programs, services and benefits.

Discriminate against person/entity associated with individuals with disabilities

Limited English proficiency

Executive Order 13166 Federal aid recipients and sub recipients must take

reasonable steps to ensure that persons of Limited English Proficiency (LEP) have meaningful access to their programs, services and activities.

Persons who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English can be limited English proficient, or “LEP.”

Limited English proficiency

Four Factor Analysis1. Number or proportion of LEP persons;2. Frequency of contact with the program or

activity;3. Nature and importance of the program;4. Resources available.

Part 2Exercise

HOW TO THINK ABOUT TITLE VI AT EVERY LEVEL OF A PROJECT

Project Run-Through

Group Think Break into groups Assign roles for

Director Coordinator Planning Project Development (R/W, Design, Enviro) Construction

Run through a project stage by stage

Streetscape Project Access management issues Sidewalks Light fixtures Intersection redesign Planters and beautification Road widening Turn lanes…

At this stage… What kind of information about the community do

I need? Who will be benefiting from project? Who will be burdening from project? Who should be involved to have adequate

involvement from community? What can I do to get access?

IDEA DEVELOPMENT, PUBLIC INVOLVEMENT

The Planning Stage

ENVIRONMENTAL, DESIGN, R/W

Project Development Stage

AD, BID, AWARD, CONTRACT LETTING, OVERSIGHT

Construction stage

FEEDBACK, REVIEWS

Close out stage

JERRICA PIERSON SEEGERJP SEEGER CONSULTING

JPSEEGERCONSULTING@GMAIL.COM

Thank you!

Part 3Developing a Compliant

Program

Main Components of Title VI ComplianceReview Non-Discrimination

Equal treatment, equal access, equal rights, equal opportunities

Without regard to: Race, color, national origin, sex, age, status as

low-income, or disability

Exhibit how this is achieved

Exhibit how this is achieved As a recipient of federal financial assistance, sub-

recipients must implement a system of procedures, actions and sanctions prohibiting discrimination

Integrate and embed operational processes that ensure non-discrimination and create accountability for Title VI compliance

Document these processes Self-Monitor effectiveness of program

ODOT Title VI Requirements Submit assurances for ODOT approval

Standard U.S. DOT Title VI Assurances (DOT 1050.2)

Non-Discrimination Agreement template

ODOT Title VI Requirements

Develop and Post Title VI Policy Statement

It is the policy of the _____________ to ensure compliance with Title VI of the Civil Rights Act of 1964; 49 C.F.R. Part 26; and related statues and regulations to the end that no person shall be excluded from participation in or be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance from the U.S. Department of Transportation on the grounds of race, color, sex or national origin.

ODOT Title VI Requirements Methods of Administration

Designate a coordinator Obtain training for coordinator and key staff Disseminate Title VI program information to the

public Collect data on race, ethnicity, age, sex,

disability, limited English proficiency, and income of population in service area

ODOT Title VI Requirements Methods of Administration

Involve the public in the decision-making process

Include Title VI Assurances in all contracts Conduct outreach to under-represented groups Analyze the benefits and burdens of activities

and projects on Title VI protected classes Respond to needs of LEP populations

ODOT Title VI Requirements Methods of Administration

Develop periodic Title VI reports (all MPO’s and sub-recipients with populations over 200,000 submit annual reports to ODOT)

Respond to periodic Title VI reviews by ODOT Correct deficiencies identified through a review

or complaint

ODOT Title VI Requirements Develop a Title VI Plan

Under 200,000 population service area – can adopt ODOT Title VI Plan (declaration in writing required) or may use a Non-Discrimination Agreement as an abbreviated plan and submit to ODOT

Over 200,000 population service area – must submit and obtain approval of Title VI Plan

ODOT Title VI Requirements Reporting

Under 200,000 population service area – required to prepare and maintain on file an annual Title VI accomplishment report

Over 200,000 population service area and all MPO’s – required to prepare and submit to the ODOT Title VI Program Manager an annual Title VI Accomplishments Report

ODOT Title VI Requirements Reviews

Respond to periodic Title VI reviews by ODOT Provide compliance documentation - system of

procedures, actions and sanctions prohibiting discrimination

Respond to questionnaire Onsite interviews of key staff Correct deficiencies in 60 days

ODOT Title VI Requirements Complaints

Establish a complaint process and a complaint form and make available to the public

Maintain a complaint log Refer complaint to ODOT when complaint is

made against sub-recipient (cannot investigate complaints against your agency/organization)

Investigate complaints filed against any second tier sub-recipients and submit findings to ODOT

Title VI Responsibilities

When do programs or activities have to be compliant with Title VI?

- Now - All Federally funded programs are currently required to be compliant

HowTo summarize…1. Ensure that public funds are not spent in

a way that encourages, subsidizes or results in discrimination.

2. Be able to document that this is being achieved.

Title VI Responsibilities

Part 4Document Templates &

Examples

Title VI Required Documents

ODOT Title VI Assurances Template & Standard DOT Assurance

Title VI Plan Template

ODOT website version 1 Policy Statement Legal Authority Delegation Chart Organization Administration Complaints and enforcement Public Participation Limited English Proficiency Environmental Justice Data Collection Procedures

ODOT website version 2 Policy Statement, Authorities,

and Citations Organization, Staffing and

Structure Title Vi Implementation and

Program Administration; title VI Coordinator’s Responsibilities and Program Administration

Education and Training Complaint Procedures Sub-Recipient Review Title VI Implementation

Activities

Part 5Sources for Assistance

ODOT Office of Civil Rights Title VI ProgramPhone: Greg Azure (503) 986-3169Email: Gregory.P.Azure@odot.state.or.usWebsite:http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/titlevi/title_vi.shtml

FHWA Office of Civil Rights http://www.fhwa.dot.gov/civilrights/programs.htm

Federal ADA Websitehttp://www.ada.gov/

U.S. DOJ Civil Rights Websitehttp://www.justice.gov/crt/

FHWA Environmental Justice Websitehttp://www.fhwa.dot.gov/environment/ej2000.htm

FHWA LEP Websitehttp://www.dotcr.ost.dot.gov/asp/lep.asp

Title VI Plan Examples

City of Portland:http://www.portlandonline.com/auditor/index.cfm?c=51473&a=272474

City of Salem:http://www.cityofsalem.net/CouncilMeetingAgenda/Documents/163/4.2b.pdf

City of Seattlehttp://www.cityofseattle.net/civilrights/title_vi_plan.htm