1. UNDERSTANDING TITLE VI
Presenter
Charlotte Thomas
FDOT State Title VI Administrator
(850)

2. “Simple justice requires that public funds, to which all taxpayers of all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes, or results in racial discrimination.” President John F. Kennedy, In his message calling for the Enactment of Title VI, 1963

3. OBJECTIVE
To obtain a general understanding of Title VI

4. WHAT IS TITLE VI ??? The Civil Rights Act of 1964
Title I – Voting Rights
Title II – Discrimination in Public Accommodations
Title III – Desegregation of Public Facilities
Title IV – Desegregation of Public Education
Title V – Commission on Civil Rights
Title VI – Non Discrimination in Federally Assisted Programs
Title VII – Equal Employment Opportunity

5. WHAT IS TITLE VI ???
Title VIII – Registration and Voting Statistics Title IX – Intervention & Procedure After Award In Civil Rights Cases Title X – Establishment of Community Relations Service Title XI - Miscellaneous

6. The Civil Rights Restoration Act of 1987
Clarified the original intent of Congress for Title VI
Written to include ALL programs and activities of Federal-Aid recipients, sub-recipients and contractors
Applies to programs and activities whether they are federally assisted or not

7. HEART OF TITLE VI
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.
Federal financial assistance can be money, services, training, commodities, use or interest in land. Applies to persons in the US

8. Discrimination
Within the Civil Rights context, discrimination is an act (action or inaction), whether intentional or unintentional, through which a person in the United States is subjected to disparate treatment or impact, because of their race, color, national origin, sex, age, religion, or disability.
Preventing discrimination: Discrimination is a prominent feature in transportation and other human activities. Preventing discrimination is everybody’s responsibility. As stakeholders in our destinies, we have a professional duty, moral obligation, social responsibility, economic imperative, political mandate to do any and everything to ensure that discrimination is prevented, minimized and eventually eradicated.
Preventing discrimination in Federally assisted programs and activities is governed by Title VI of the Civil Rights Act of 1964.

9. Implementing Regulations
49 CFR 21 (USDOT’s regulation)
23 CFR 200 (FHWA’s regulation)
FDOT’s Title VI Policy
FDOT’s Title VI Assurances
FDOT Procedure
49 CFR – Prohibits discrimination in DOT programs. Is also where the requirement for sub recipients to report and DOT’s responsibility to monitor.

10. EXECUTIVE ORDERS
12250 – Delegates to the Attorney General the coordination of nondiscrimination provisions
13166 – Improving access to services for persons with Limited English Proficiency (LEP)
12898 – Federal actions to address environmental justice in minority populations and low-income populations
12250 – Title VI, Title 9 of Education Amendments of 1972, Section 504 of Rehabilitation Act of 1973 & any other statutory law regarding discrimination .

11. Protected Classes
Race, Color and National Origin (Title VI of the Civil Rights Act of 1964)
Sex (Federal-Aid Highway Act of 1973, 23 USC 324)
Age (Age Discrimination Act of 1975)
Handicap (Section 504 of the Rehabilitation Act of 1973)
Religion (Title VIII)
Disability (Title II of Americans with Disability Act 1990)

12. ENVIRONMENTAL JUSTICE
EO dated February 11, 1994
Identifies and addresses adverse effects of government programs and activities on minority and low-income populations
Mirrors the purpose of Title VI in regards to environmental hazards
Encourages public participation and access to information
Our environment: human, natural, physical, homes, jobs, schools, recreation
Calls for improved methods in research, data collection, and analysis.
Methodology must include: Research and analysis to assess human health effects from multiple and cumulative exposure; Data must be collected on low income and minority populations who may be disproportionately at risk; information must be collected and analyzed on the impacts on subsistence fish and wildlife consumers.
Reinforces Title VI
Triggers a new look at NEPA in setting goals for the protection, maintenance, and enhancement of the environment
Encourages participation of impacted citizens in the different stages of assessment, including scoping, data-gathering, alternatives,analysis, mitigation, and monitoring.

13. The “EJ” Movement
The 1982 decision by the State of North Carolina to build a toxic waste landfill in a predominately African-American, primarily low-income, community in Warren County, North Carolina.

14. Warren County Decision
The landfill was created for dumping PCB-contaminated soil collected from 14 counties in North Carolina.
Civil rights and environmental advocates demonstrated several times against the action, resulting in the arrest of some 500 protesters.
Some protesters were prominent citizens such as Walter Fauntroy & Dr. Benjamin Chavis, Jr.

15. Results of the Warren County Decision
The County’s decision and subsequent protests, brought the inequities in citing unwanted landfills in minority and low-income communities to national attention;
It also created the need for governmental action to address environmental racism, equity, and justice.

16. Title VI & EO 12898
Both foster nondiscrimination in Federally assisted programs and activities;
Both based on the fundamental principle that all human beings are created equal and rooted in the constitutional guarantee that all human beings are entitled to equal protection of the laws;
Both address involvement of impacted persons in the decision making process
EO restates Title VI

17. Title VI & EO 12898
EO is an Executive Directive devoid of judicial review; Title VI is a four decade old law;
Low income and Minority are protected categories under EO 12898
Race, color, and national origin are protected categories under Title VI.

18. Documentation Key to Demonstrating Compliance
Should be found in formal documentation such as:
Title VI program
Title VI Policy
Title VI Assurances
Title VI Procedures (include complaint process)
Title VI Reports
Joint Transportation Agreements
Grant applications
Knowledgeable, trained T6 coordinator

19. Documentation Reports Routine correspondence Public hearing handouts
May also e found in informal documents such as:
Reports
Routine correspondence
Public hearing handouts
Signs
Newspaper advertisements

20. Title VI Issues for Public Transportation
Transportation Improvement Programs
Public Hearings
Grants

21. Title VI Issues Identification of Impacts
Nonminority and minority areas must be equally considered
Beneficial and adverse impacts considered for both

22. Title VI Issues Mitigation
Measures provided to minimize the adverse impacts of a project

23. Title VI Issues Public Involvement Public hearings Public meetings
Public workshops
Feedback on public comments and concerns

24. Title VI Issues Community Impact Assessment (CIA)
Gain knowledge of affected human environment
Understand:
The relationship between the proposed action and the community
The good and bad impacts of an action
The individuals, social groups, neighborhoods, governments and whole community

25. Title VI Issues Benefits and services Accessibility
Community Centers
Hospitals
Shopping
Right of Way benefits and services

26. Questions?