Upload
alex-daniels
View
221
Download
1
Tags:
Embed Size (px)
Citation preview
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
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: [email protected]: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