Title VI of the Civil Rights Act of 1964 Sub-Recipient Responsibilities

1. Title VI of the Civil Rights Act of 1964Sub-Recipient Responsibilities State of Oregon Regional Transportation System Stakeholders Greg Azure, ODOT Office of Civil Rights, Title VI Program Manager Jerrica Pierson Seeger, JP Seeger Consulting March 12, 2010

2. 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

3. Presentation Outline • Overview of legal and regulatory environment • Exercise • Developing a compliant program • Preview templates • Sources for assistance

4. Part 1 Overview of Legal and Regulatory Environment

5. 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))

6. Related Authorities Expanded range and scope of Title VI coverage and applicability: • 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

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

8. 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.

9. 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

10. 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

11. Discrimination 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)

12. 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

13. 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.”

14. 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)

15. 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)

16. Access Benefits Participation Treatment Services Contracting Opportunities Allocation of Funds Prioritization of Projects Complaint Investigation Ensure Equitable Program Impacts

17. 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.

18. Environmental Justice

19. Environmental Justice Three Principles: • 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 • To ensure the full and fair participation by all potentially affected communities in the transportation decision –making process • To prevent the denial of, reduction in, or the significant delay in the receipt of benefits by minority and low-income populations

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

21. 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

22. 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

23. 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.”

24. Limited English proficiency Four Factor Analysis • Number or proportion of LEP persons; • Frequency of contact with the program or activity; • Nature and importance of the program; • Resources available.

25. Part 2 Exercise

26. HOW TO THINK ABOUT TITLE VI AT EVERY LEVEL OF A PROJECT Project Run-Through

27. 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

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

29. 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?

30. IDEA DEVELOPMENT, PUBLIC INVOLVEMENT The Planning Stage

31. ENVIRONMENTAL, DESIGN, R/W Project Development Stage

32. AD, BID, AWARD, CONTRACT LETTING, OVERSIGHT Construction stage

33. FEEDBACK, REVIEWS Close out stage

34. JERRICA PIERSON SEEGERJP SEEGER CONSULTINGJPSEEGERCONSULTING@GMAIL.COM Thank you!

35. Part 3 Developing a Compliant Program

36. Main Components of Title VI Compliance Review • 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

37. 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

38. ODOT Title VI Requirements • Submit assurances for ODOT approval • Standard U.S. DOT Title VI Assurances (DOT 1050.2) • Non-Discrimination Agreement template

39. 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. SAMPLE

40. 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

41. 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

42. 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

43. 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

44. 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

45. 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

46. 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

47. 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

48. Title VI Responsibilities How To summarize… Ensure that public funds are not spent in a way that encourages, subsidizes or results in discrimination. Be able to document that this is being achieved.

49. Part 4 Document Templates & Examples

50. Title VI Required Documents