1. Civil Rights Feud Civil Rights Feud Civil Rights Feud Civil Rights Feud Civil Rights Feud Civil Rights Feud Civil Rights Q and A

2. Q1: What are the three classes covered by Title VI of the Civil Rights Act of 1964?

3. Title VI covers only Race, Color and National Origin. Title VI covers only Race, Color and National Origin. Other Federal and state authorities prohibit discrimination on other classes, like gender, age and disability. Other Federal and state authorities prohibit discrimination on other classes, like gender, age and disability. All federally protected classes are linked to Title VI through the Civil Rights Restoration Act of 1987, which clarified congressional intent for broad civil rights coverage. All federally protected classes are linked to Title VI through the Civil Rights Restoration Act of 1987, which clarified congressional intent for broad civil rights coverage. Title VI covers only Race, Color and National Origin. Title VI covers only Race, Color and National Origin. Other Federal and state authorities prohibit discrimination on other classes, like gender, age and disability. Other Federal and state authorities prohibit discrimination on other classes, like gender, age and disability. All federally protected classes are linked to Title VI through the Civil Rights Restoration Act of 1987, which clarified congressional intent for broad civil rights coverage. All federally protected classes are linked to Title VI through the Civil Rights Restoration Act of 1987, which clarified congressional intent for broad civil rights coverage. RaceColor National Origin National OriginRaceColor

4. Q2: Title VI protects everyone in the United States from discrimination in programs, services and activities, of what agencies and organizations?

5. Title VI does not apply in the absence of federal funding. Thus, it does not apply to the federal government itself or to those agencies that do not accept federal-aid. Title VI does not apply in the absence of federal funding. Thus, it does not apply to the federal government itself or to those agencies that do not accept federal-aid. Only one penny of federal aid to any recipient program is enough to hook all departments and activities to Title VI. Only one penny of federal aid to any recipient program is enough to hook all departments and activities to Title VI. Title VI does not apply in the absence of federal funding. Thus, it does not apply to the federal government itself or to those agencies that do not accept federal-aid. Title VI does not apply in the absence of federal funding. Thus, it does not apply to the federal government itself or to those agencies that do not accept federal-aid. Only one penny of federal aid to any recipient program is enough to hook all departments and activities to Title VI. Only one penny of federal aid to any recipient program is enough to hook all departments and activities to Title VI. Federal-aid Recipients, regardless of tier

6. Q3: Related to Title VI, these are two Executive Orders directing federal agencies to take specific action?

7. Recipients must comply with the EO by following orders, memos and directives issued by the federal-agency. Recipients must comply with the EO by following orders, memos and directives issued by the federal-agency. Environment Justice requires recipients to provide equitable access to information and take steps to avoid, minimize and mitigate disproportionately high and adverse impacts on minority and low income communities. Environment Justice requires recipients to provide equitable access to information and take steps to avoid, minimize and mitigate disproportionately high and adverse impacts on minority and low income communities. Limited English Proficiency requires recipients to provide meaningful access to essential programs and services to those who are LEP. This generally means verbal interpretation and written translation of important documents. Limited English Proficiency requires recipients to provide meaningful access to essential programs and services to those who are LEP. This generally means verbal interpretation and written translation of important documents. Recipients must comply with the EO by following orders, memos and directives issued by the federal-agency. Recipients must comply with the EO by following orders, memos and directives issued by the federal-agency. Environment Justice requires recipients to provide equitable access to information and take steps to avoid, minimize and mitigate disproportionately high and adverse impacts on minority and low income communities. Environment Justice requires recipients to provide equitable access to information and take steps to avoid, minimize and mitigate disproportionately high and adverse impacts on minority and low income communities. Limited English Proficiency requires recipients to provide meaningful access to essential programs and services to those who are LEP. This generally means verbal interpretation and written translation of important documents. Limited English Proficiency requires recipients to provide meaningful access to essential programs and services to those who are LEP. This generally means verbal interpretation and written translation of important documents. EO 12898 – Environmental Justice (EJ) EO 13166 – Limited English Proficiency (LEP) EO 12898 – Environmental Justice (EJ) EO 13166 – Limited English Proficiency (LEP)

8. Q4: True or False - The TIP, LRTP and UPWP are considered vital documents must be translated into Spanish and Haitian Creole?

9. While vital documents must be translated, LEP requirements require reasonable steps. Translating these documents would be burdensome, costly and not reasonable. However, providing a Spanish or Creole fact sheet, summary or other similar explanatory document might help someone access the information. Must provide interpretation upon request for any language as long as reasonable notice is provided. While vital documents must be translated, LEP requirements require reasonable steps. Translating these documents would be burdensome, costly and not reasonable. However, providing a Spanish or Creole fact sheet, summary or other similar explanatory document might help someone access the information. Must provide interpretation upon request for any language as long as reasonable notice is provided.False False

10. Q5: This law is written similarly to Title VI but applies to all public agencies regardless of funding. Specifically, Title II requires accessibility to facilities.

11. The ADA may use the same verbiage as Title VI, but its coverage is much broader. Public agencies must provide an ADA nondiscrimination notice to the public and, if they provide facilities (buildings, roadways, etc.), they must be accessible to those with disabilities. For facilities that predate the Act, most agencies must have a transition plan to ensure compliance. American with Disability Act of 1990 (ADA)

12. Q6: Of resurfacing, asphalt milling, pot hole fills or new construction, which activity does not include corresponding ADA responsibilities?

13. Filling pot holes is by nature a maintenance activity that does not preserve the life of the overall roadway. The others are considered alterations in that they make the roadway more usable for drivers, and therefore must have corresponding improvements for those who are disabled. Beginning in 1993 lawyers and engineers argued over what constituted an alteration. Most jurisdictions (excluding FDOT) set depth levels for milling before determining whether the activity required ADA improvements such as curb ramps, detectable warnings etc. This led to some agencies actually choosing shallower milling depths to avoid complying with ADA. Finally, in 2013 US DOJ and DOT stepped in to provide guidance. In short, most resurfacing projects (and almost all in the south) are alterations. Maintenance is limited to very rudimentary repairs. Pot hole fills

14. Q7: Of all accessibility features you may find on sidewalks and roadways, what is arguably the most important?

15. Why? While sidewalk condition issues and lack of various features are always going to create barriers, lack of curb ramps can actually trap those with disabilities in dangerous roadway settings. This is why alterations must at a minimum include compliant curb ramps as part of the scope of work. Probably curb ramps

16. Q8: What color is the worst when choosing detectable warning mats?

17. The law only says that detectable warnings must be in a contrasting color from the surrounding pavement. However, blue is a bad color to choose because it is the first color we lose as we age. Those who are visually impaired but not blind may be using the color of the detectable warning to make them aware of the edge of the curb. The law only says that detectable warnings must be in a contrasting color from the surrounding pavement. However, blue is a bad color to choose because it is the first color we lose as we age. Those who are visually impaired but not blind may be using the color of the detectable warning to make them aware of the edge of the curb. BlueBlue

18. Q9: Who is responsible for ensuring nondiscrimination in federal-aid program?

19. Everyone working in the federal-aid program is responsible for ensuring nondiscrimination. Everyone working in the federal-aid program is responsible for ensuring nondiscrimination. How? By regular training; special or targeted outreach; frequent reviews; leadership support; terrific CR staff How? By regular training; special or targeted outreach; frequent reviews; leadership support; terrific CR staff All of these are great ways to spread the word about nondiscrimination requirements. Most are also required by the regulations at 23 CFR 200.9 and 49 CFR 21, including: All of these are great ways to spread the word about nondiscrimination requirements. Most are also required by the regulations at 23 CFR 200.9 and 49 CFR 21, including: Trained and staffed Civil Rights Unit Trained and staffed Civil Rights Unit Easy access to the Chief Executive Officer Easy access to the Chief Executive Officer Reviews of Recipients and Subrecipients Reviews of Recipients and Subrecipients Public outreach and education Public outreach and education Everyone working in the federal-aid program is responsible for ensuring nondiscrimination. Everyone working in the federal-aid program is responsible for ensuring nondiscrimination. How? By regular training; special or targeted outreach; frequent reviews; leadership support; terrific CR staff How? By regular training; special or targeted outreach; frequent reviews; leadership support; terrific CR staff All of these are great ways to spread the word about nondiscrimination requirements. Most are also required by the regulations at 23 CFR 200.9 and 49 CFR 21, including: All of these are great ways to spread the word about nondiscrimination requirements. Most are also required by the regulations at 23 CFR 200.9 and 49 CFR 21, including: Trained and staffed Civil Rights Unit Trained and staffed Civil Rights Unit Easy access to the Chief Executive Officer Easy access to the Chief Executive Officer Reviews of Recipients and Subrecipients Reviews of Recipients and Subrecipients Public outreach and education Public outreach and education EveryoneEveryone

20. Q10: As with Title VI, the Department of Justice has original jurisdiction over ADA, with agencies like DOT having delegated authority for oversight. What penalties can DOJ take against Recipients that do not comply with ADA?

21. If you said lawsuit, project civic action, or removal of funding –all are correct. DOJ can direct or take any or all of these. The most common is project civic action, a system and program wide review of an agency for ADA compliance resulting in corrective action. Lawsuit, other enforcement actions

22. Q11: What is US DOT’s primary affirmative action program for small and minority businesses?

23. DBE or Disadvantaged Business Enterprise – codified by 49 CFR 26, states must achieve overall goals set every three years that reflect the market of ready, willing and able disadvantaged businesses. DBE or Disadvantaged Business Enterprise – codified by 49 CFR 26, states must achieve overall goals set every three years that reflect the market of ready, willing and able disadvantaged businesses. Disadvantaged Business Enterprise

24. Thank you Contacts: FDOTFHWA Jacqueline Paramore Carey Shepherd 850-414-4753(850) 553-2206 Jacqueline.paramore@dot.state.fl.usCarey.shepherd@dot.gov Jacqueline.paramore@dot.state.fl.usCarey.shepherd@dot.gov