A new web page is devoted to this information and may be viewed here:
http://www.fhwa.dot.gov/environment/environmental_justice/overview/
The information below came from this web site which is no longer active. It was active in Febrary of 2012. The laws and identified sections of laws may be helpful to our legal assistance.
http://www.fta.dot.gov/civilrights/civil_rights_5088.htm
Title VI of the Civil Rights Act of 196
Principles
Policies
Guidance to FTA Recipients
FTA Circular 4702.1A, “Title VI and Title VI-Dependent
Guidelines for FTA Recipients”
Objectives Of This Presentation
Provide information that will
allow you to ensure that your agency is in compliance with Title VI.
This information will also
allow you to evaluate and resolve discrimination complaints filed with your
agency.
Title VI Principles
Non-Discrimination
“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, 1963
Section 601 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.”
--42
U.S.C. Section 2000d
Title VI Applies to “Persons”
Title VI Protections are not
limited to citizens.
Individuals may bring a cause
of action under Title VI if they are an intended beneficiary of, an applicant
for, or a participant in a Federally assisted program.
Race, Color, National Origin
Persons of any race can file a
Title VI complaint.
We rely on U.S. Census
categories to define race.
Title VI prohibits
discrimination on the basis of shades of skin color.
nNational origin means being
from a country other than the United States
or having ancestors from a country other than the United States.
Federal Financial Assistance
Financial assistance can be in
nonmonitary form. It can include use of Federal land or property, Federal
training, or a loan of Federal personnel.
Recipients
Recipients are any entity to
whom Federal financial assistance is extended.
Many recipients enter into a
relationship with the Federal government akin to contract. Federal financial
assistance is received under a condition of assurance of compliance with Title
VI.
Both primary recipients and
subrecipients must conform their actions to Title VI.
Recipients v. Beneficiaries
Beneficiaries do not enter
into an agreement with the Federal government where compliance with Title VI is
a condition of receiving aid.
Recipients are covered under
Title VI. Beneficiaries are not.
Program or Activity
Title VI’s prohibitions are
meant to apply institutionwide, not just to the limited aspect of the
institution’s operations that receive the Federal funding.
Title VI Policies
Title VI Regulations
Section 602 of Title VI
authorizes Federal agencies “to effectuate provisions of [Section 601]…by
issuing rules, regluations, or orders of general applicability.”
The Department of Justice and
Department of Transportation regulations prohibit disparate impact
discrimination as well as intentional discrimination.
Disparate Treatment vs. Disparate Impact Discrimination
Disparate treatment--The
recipient, in violation of the statute, intentionally discriminates against
beneficiaries.
Disparate impact--The
recipient, in violation of agency regulations, uses a neutral procedure or
practice that has a disparate impact on minority beneficiaries, and such
practice lacks a substantial legitimate justification.
Disparate treatment
claims require proof of an intent to discriminate against a protected
class.
Disparate
impact claims, on the other hand,
focus on the disproportionate adverse consequences of facially neutral
employment policies and practices, not simply the underlying motivation.
In other words, disparate impact analysis focuses on the effects
of an employment practice on the employee rather than on the motivation for the
action of the employer.
Examples of Actions with Potentially Disparate Impacts
Installing bus shelters on the
basis of their potential to generate advertising revenue.
Assigning clean-fuel vehicles
and facilities to routes that do not serve predominanty minority communities.
Implementing service reductions
or fare increases that disproportionately effect minority communities.
Planning a fixed guideway
project that travels through predominantly minority communities but does not
include stations in these communities.
When
can recipients take actions that have disparate impacts?
In
the cases when the policy is supported by a “substantial legitimate
justification” and
There are no comparably
effective alternative practices that would result in less disparate impacts and
The
justification for the action is not a pretext for discrimination.
Alexander v. Sandoval
In this 2001 decision, the
Supreme Court ruled that plaintiffs can sue under the intentional
discrimination provisions in Section 601 of Title VI.
However, plaintiffs cannot
bring lawsuits under the disparate impact regulations promulgated by Federal
agencies under Section 602 of Title VI.
Persons may still file
administrative complaints with Federal agencies under the Title VI regulations.
DOT
Title VI Regulations
Recipients may not, on the
grounds of race, color, or national origin:
--Deny any individual service,
financial aid, or benefit under the program.
--Provide any service, financial
aid, or benefit that is different from that provided to others.
--Subject an individual to
segregation or separate treatment.
--Restrict
an individual in the enjoyment of any advantage or privilege enjoyed by others.
--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 the opportunity to participate as a member of a planning or advisory
body.
49
CFR 21.5(b)
DOT Title VI Regulations
Recipients may not
use criteria or methods of administration that have the effect of subjecting
individuals to discrimination (49 CFR 21.5(b)(2)).
In determining the
location of facilities, recipients may not make decisions with the purpose or
effect of subjecting persons to discrimination
(49 CFR 21.5(b)(3)).
Recipients are
expected to take affirmative action to assure non-discrimination (49 CFR
21.5(b)(7)).
DOT
Title VI Regulations
Discrimination with regard to the routing,
scheduling, or quality of transit service is prohibited.
Frequency of service, age and
quality of vehicles assigned to routes, quality of stations serving different
routes, and location of routes must not be determined on the basis of race,
color, national origin. (Appendix C to 49 CFR 21)
Title VI Guidance to Recipients of FTA Funding
FTA Circular 4702.1A, “Title VI and Title VI-Dependent Guidelines
for FTA Recipients”
Circular 4702.1: Last Updated in 1988
Purpose of the Circular
Provide recipients and
subrecipients with guidance and instructions necessary to carry out the DOT
Title VI Regulations and to integrate into their programs and activities
considerations expressed in the DOT Order on Environmental Justice and DOT
Policy Guidance on LEP.
Qualities of the Updated Circular
Issues requirements that stem
from the Title VI regulations and guidance that stem from Environmental Justice
and LEP.
Gives grantees more
flexibility to implement requirements and guidance using locally-preferred
options.
Adds some record keeping and
reporting requirements and eliminates other requirements.
The document should be more
useful and usable.
Circular Objectives
1. Ensure level and quality of
transportation service provided without regard to race, color, national origin.
2. Identify and address, as appropriate,
disproportionately high and adverse effects of minority populations and
low-income populations.
3. Promote full and fair
participation of all affected populations
in transportation decision making.
4. Prevent the denial,
reduction of, or delay in benefits related to programs and activities that
benefit minority populations or low-income populations.
5. Ensure meaningful access to
programs and activities by persons with limited English proficiency.
Circular Organization
Chapter I—How to use this
circular.
Chapter II—Overview.
Chapter III—Requirements for
applicants.
Chapter IV—General
Requirements and Guidelines.
Chapter V—Requirements and
Guidelines for recipients serving large urbanized areas.
Chapter VI—Requirement and
Guidelines for State DOTs/Administrating Agencies.
Chapter VII—Requirements and
Guidelines for Metropolitan Planning Organizations.
Chapter VIII—Compliance
Reviews.
Chapter IX—Complaints.
Chapter X—Effecting
Compliance.
Requirements
and Guidelines for all recipients and subrecipients (Circular 4702.1A, Chapter
IV)
Have procedures for
investigating Title VI complaints.
Keep a record of Title VI
complaints, investigations, and lawsuits.
Take responsible steps to ensure
meaningful access to programs and activities for people with LEP.
Inform the public of their
rights under Title VI.
Include EJ analysis in NEPA
documentation.
Conduct public involvement in an
inclusive manner.
Submit a Title VI report to FTA
or to direct recipient.
Requirements and Guidelines for transit agencies serving
large urban areas (Circular 4702.1A, Chapter V)
Collect demographic
information on beneficiaries.
–Maps
and overlays
–Customer
surveys
–Local
option
Set system-wide service
standards and policies.
Analyze the impacts of proposed
service and fare changes for disparate impact discrimination.
Monitor transit service
provided for equity.
Report on these activities
once every three years to FTA.
Requirements and Guidance for State DOTs/Administering
Agencies (Circular 4702.1A, Chapter VI)
Conduct statewide transportation
planning in a non-discriminatory manner.
Pass through FTA funds to
subrecipients in a non-discriminatory manner.
Monitor subrecipients for
compliance with Title VI.
Report on these activities to
FTA once every three years.
Additional Circular Content
Reporting requirements chart
at appendices A, B, and C.
Technical assistance resources
at Appendix D.
Resources for Implementing the New Circular
Your regional civil rights officer.
Plans to submit Title VI
compliance report through TEAM.
The Title VI web page at http://www.fta.dot.gov/civilrights/civil_rights_5088.html
