Title VI of the Civil Rights Act of 1964 Sub-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

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 Overview of legal and regulatory environment Exercise Developing a compliant program Preview templates Sources for assistance

Part 1 Overview 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 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

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

Title VI – Federal Law Title 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 TITLE VI 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 Discrimination 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)

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.” This presentation was designed to:

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: 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

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 This is not an all inclusive list. This slides notes just a few prohibited acts. [Ask class to provide examples of the following] [Examples of each type of discrimination are detailed next to each one, which are listed below] [The last bullet is covered under §35.130(g). A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association. Example: An employer cannot terminate an individual from his/her job because he/she lives with or is related to someone with AIDS/HIV] Prohibited discrimination is found under both Subpart B of the ADA regulation and in the 504 regulation. Types of prohibited discrimination are detailed in 28 CFR 35.130. (v) Aid or perpetuate discrimination against a qualified individuals with disabilities person by providing financial or other assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the recipient's program; [A local government who receives Transportation Enhancement project funding from an STA that was found by FHWA to violate the ADA by failing to provide individuals with disabilities residents with residential individuals with disabilities parking spaces]. “Other assistance” within the meaning of this regulation is not limited to Federal Financial Assistance. It can be construed to mean other things such as human resources, loan or lease of property or equipment, etc.]

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 Analysis Number or proportion of LEP persons; Frequency of contact with the program or activity; Nature and importance of the program; Resources available.

Part 2 Exercise

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

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 27

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

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? 29

IDEA DEVELOPMENT, PUBLIC INVOLVEMENT The Planning Stage IDEA DEVELOPMENT, PUBLIC INVOLVEMENT 30

Project Development Stage ENVIRONMENTAL, DESIGN, R/W 31

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

Close out stage FEEDBACK, REVIEWS 33

Thank you! JERRICA PIERSON SEEGER JP SEEGER CONSULTING JPSEEGERCONSULTING@GMAIL.COM 34

Part 3 Developing a Compliant Program

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

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. SAMPLE

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

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.

Part 4 Document Templates & Examples

Title VI Required Documents

ODOT Title VI Assurances Template & Standard DOT Assurance

Title VI Plan Template ODOT website version 1 ODOT website version 2 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 5 Sources for Assistance

ODOT Office of Civil Rights Title VI Program Phone: Greg Azure (503) 986-3169 Email: Gregory.P.Azure@odot.state.or.us Website: 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 Website http://www.ada.gov/ U.S. DOJ Civil Rights Website http://www.justice.gov/crt/ FHWA Environmental Justice Website http://www.fhwa.dot.gov/environment/ej2000.htm FHWA LEP Website http://www.dotcr.ost.dot.gov/asp/lep.asp

Title VI Plan Examples City of Portland: City of Salem: 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 Seattle http://www.cityofseattle.net/civilrights/title_vi_plan.htm