UNDERSTANDING TITLE VI

PresenterCharlotte Thomas

FDOT State Title VI Administrator(850) 414-4753

charlotte.thomas@dot.state.fl.us

“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 theEnactment of Title VI, 1963

OBJECTIVE

To obtain a general understanding of Title VI

WHAT IS TITLE VI ???The Civil Rights Act of 1964

Title I – Voting RightsTitle II – Discrimination in Public AccommodationsTitle III – Desegregation of Public FacilitiesTitle IV – Desegregation of Public EducationTitle V – Commission on Civil RightsTitle VI – Non Discrimination in Federally Assisted

ProgramsTitle VII – Equal Employment Opportunity

WHAT IS TITLE VI ???

Title VIII – Registration and Voting StatisticsTitle IX – Intervention & Procedure After Award

In Civil Rights CasesTitle X – Establishment of Community Relations ServiceTitle XI - Miscellaneous

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

HEART OF TITLE VI

NO personIn 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 underANY program or activity

Receiving Federal financial assistance.

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.

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 275-010-010

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

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)

ENVIRONMENTAL JUSTICE

• EO 12898 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

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.

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.

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.

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 12898 restates Title VI

Title VI & EO 12898

• EO 12898 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.

DocumentationKey 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

Documentation• May also e found in informal documents such as:

• Reports• Routine correspondence• Public hearing handouts• Signs• Newspaper advertisements

Title VI Issues for Public Transportation

• Transportation Improvement Programs• Public Hearings• Grants

Title VI Issues

• Identification of Impacts– Nonminority and minority areas must be equally

considered– Beneficial and adverse impacts considered for

both

Title VI Issues

• Mitigation–Measures provided to minimize the

adverse impacts of a project

Title VI Issues

• Public Involvement– Public hearings– Public meetings– Public workshops– Feedback on public comments and concerns

Title VI Issues

• Community Impact Assessment (CIA)Gain knowledge of affected human environmentUnderstand:

1. The relationship between the proposed action and the community

2. The good and bad impacts of an action3. The individuals, social groups, neighborhoods,

governments and whole community

Title VI Issues

• Benefits and services–Accessibility• Community Centers• Hospitals• Shopping

–Right of Way benefits and services

Questions?