1. Title VI of the Civil Rights Act of 1964 Principles Policies Guidance to FTA Recipients FTA Region VI Civil Rights Colloquium March 28, 2006

2. Objectives Of This Presentation Provide information that will allow you to ensure that your agency is in compliance with Title VI. 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. This information will also allow you to evaluate and resolve discrimination complaints filed with your agency.

3. Title VI Principles

4. Non-Discrimination 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

5. Non-Discrimination Non-Discrimination “…Direct discrimination by Federal, State, or Local Governments is prohibited by the Constitution. But indirect discrimination through, the use of Federal funds, is just as invidious; and it should not be necessary to resort to the courts to prevent each individual violation. Congress and the Executive have their responsibilities to uphold the Constitution also…”

6. 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.” “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

7. Title VI Applies to “Persons” Title VI Protections are not limited to citizens. 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. 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.

8. Race, Color, National Origin Persons of any race can file a Title VI complaint. Persons of any race can file a Title VI complaint. We rely on U.S. Census categories to define race. We rely on U.S. Census categories to define race. Title VI prohibits discrimination on the basis of shades of skin color. Title VI prohibits discrimination on the basis of shades of skin color. National origin means being from a country other than the United States or having ancestors from a country other than the United States. National origin means being from a country other than the United States or having ancestors from a country other than the United States.

9. 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. Financial assistance can be in nonmonitary form. It can include use of Federal land or property, Federal training, or a loan of Federal personnel.

10. Recipients Recipients are any entity to whom Federal financial assistance is extended. 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. 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. Both primary recipients and subrecipients must conform their actions to Title VI.

11. 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. 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. Recipients are covered under Title VI. Beneficiaries are not.

12. 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’s prohibitions are meant to apply institutionwide, not just to the limited aspect of the institution’s operations that receive the Federal funding.

13. Title VI Policies

14. 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.” 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. The Department of Justice and Department of Transportation regulations prohibit disparate impact discrimination as well as intentional discrimination.

15. Disparate Treatment vs. Disparate Impact Discrimination Disparate treatment--The recipient, in violation of the statute, intentionally discriminates against beneficiaries. 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 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.

16. Examples of Actions with Potentially Disparate Impacts Installing bus shelters on the basis of their potential to generate advertising revenue. 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. 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. 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. Planning a fixed guideway project that travels through predominantly minority communities but does not include stations in these communities.

17. When can recipients take actions that have disparate impacts? In the cases when the policy is supported by a “substantial legitimate justification” and 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 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. The justification for the action is not a pretext for discrimination.

18. 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. 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. 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. Persons may still file administrative complaints with Federal agencies under the Title VI regulations.

19. DOT Title VI Regulations Recipients may not, on the grounds of race, color, or national origin: 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)

20. 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)). 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)). 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)). Recipients are expected to take affirmative action to assure non-discrimination (49 CFR 21.5(b)(7)).

21. DOT Title VI Regulations Discrimination with regard to the routing, scheduling, or quality of transit service is prohibited. 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) 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)

22. Title VI Guidance to Recipients of FTA Funding From FTA Circular 4702.1, “Title VI Program Guidelines to FTA Recipients” From FTA Circular 4702.1, “Title VI Program Guidelines to FTA Recipients”

23. Guidance for all Recipients and Subrecipients Certify that you will comply with Title VI Certify that you will comply with Title VI Document any Title VI complaints and lawsuits and past Title VI compliance reviews. Document any Title VI complaints and lawsuits and past Title VI compliance reviews. Inform the public of your Title VI policy and how individuals may file a complaint. Inform the public of your Title VI policy and how individuals may file a complaint. Analyze the impacts of construction projects on minority households and businesses. Analyze the impacts of construction projects on minority households and businesses. (Circular 4702.1 Chapter III)

24. Guidance for transit agencies serving urbanized areas Prepare demographic maps and overlays showing distribution of service to minority populations. Prepare demographic maps and overlays showing distribution of service to minority populations. Set system-wide service standards for vehicle load, headway, assignment, transit access, and transit amenities. Set system-wide service standards for vehicle load, headway, assignment, transit access, and transit amenities. Monitor service provided to minority and non- minority areas to ensure that service meets the system-wide standards. Monitor service provided to minority and non- minority areas to ensure that service meets the system-wide standards. Establish procedures for complying with Title VI, including assessing the impacts of service and fare changes. Establish procedures for complying with Title VI, including assessing the impacts of service and fare changes. (Circular 4702.1 Chapter III)

25. Guidance for transit agencies serving urbanized areas Provide information on how minority communities will be informed of upcoming service changes. Provide information on how minority communities will be informed of upcoming service changes. Provide a racial breakdown of non-elected boards, advisory councils, and committees, and encourage minority participation on these decision making bodies. Provide a racial breakdown of non-elected boards, advisory councils, and committees, and encourage minority participation on these decision making bodies. (Circular 4702.1 Chapter III)

26. Guidance for State Departments of Transportation Ensure that funds dispersed to applicants for Section 5310 and Section 5311 funding are distributed without regard to race, color, and national origin. Ensure that funds dispersed to applicants for Section 5310 and Section 5311 funding are distributed without regard to race, color, and national origin. Ensure that efforts to assist applicants applying for section 5310 and Section 5311 funding is made without regard to race, color, or national origin. Ensure that efforts to assist applicants applying for section 5310 and Section 5311 funding is made without regard to race, color, or national origin. Monitor 5310 and 5311 subrecipients to ensure they are complying with Title VI. Monitor 5310 and 5311 subrecipients to ensure they are complying with Title VI. (Circular 4702.1 Chapter III)

27. Guidance for Metropolitan and Statewide Planning Activities Seek out and consider the needs of traditionally underserved populations in the planning process (23 CFR 450) Seek out and consider the needs of traditionally underserved populations in the planning process (23 CFR 450) Have an analytical process in place for assessing the regional benefits and burdens of transportation system investments for different socioeconomic groups Have an analytical process in place for assessing the regional benefits and burdens of transportation system investments for different socioeconomic groups Have a public involvement strategy for engaging minority and low-income populations in transportation decisionmaking. Have a public involvement strategy for engaging minority and low-income populations in transportation decisionmaking. (1999 FTA/FHWA Memorandum)

28. The Relevance of Title VI in 2006

29. 40th Anniversary of the Civil Rights Act of 1964 “The Civil Rights Act of 1964 gives all Americans another reason to be proud of our country. The work of equality is not done because the evil of bigotry is not finally defeated. Yet the laws of this nation and the good heart of this nation are on the side of equality. And as Dr. King reminded us, "We must not rest until the day when justice rolls down like waters, and righteousness like a mighty stream." --President George W. Bush, July 2 nd, 2004.

30. Conditions persist that make disparate impact discrimination a reality Residential segregation persists in many metropolitan areas, due to: Residential segregation persists in many metropolitan areas, due to: –Personal preferences –Discrimination in the real estate/lending industry –Lack of affordable housing –Residential segregation can lead to disparate provision of services due to imbalance of political clout or an “out of sight, out of mind” mindset that results in inattention to needs of minority and low-income communities.

31. Dallas/Fort Worth

33. Atlanta

34. Washington

35. New York City New York City

36. US DOJ Response to Katrina US DOJ Response to Katrina “I urge each agency to consider civil rights issues in all aspects of its hurricane response…there are many steps agencies can take to ensure that race, color, and national origin, including LEP status, do not impede access to information, shelters, and other evacuation and relief services.” “I urge each agency to consider civil rights issues in all aspects of its hurricane response…there are many steps agencies can take to ensure that race, color, and national origin, including LEP status, do not impede access to information, shelters, and other evacuation and relief services.” --Assistant Attorney General for Civil Rights Wan J. Kim

37. DOJ Response to Katrina Steps include: Steps include: –Conducting outreach to community and faith-based organizations serving minority populations –Ensuring language services are in place –Help recipients re-examine evacuation and disaster preparedness plans to ensure the plans address the specific needs of minority populations.

38. National origin discrimination is still a concern Need to provide language access to services for persons with limited English proficiency. Need to provide language access to services for persons with limited English proficiency. Bias against Arabs and Muslims may be increasing. Bias against Arabs and Muslims may be increasing. Transportation and transit security needs to be provided on a non- discriminatory manner. Transportation and transit security needs to be provided on a non- discriminatory manner.

39. Title VI Resources FTA website, www.fta.dot.gov, click on “civil rights/accessibility” FTA website, www.fta.dot.gov, click on “civil rights/accessibility”www.fta.dot.gov The Department of Justice Title VI website at http://www.usdoj.gov/crt/crt- home.html The Department of Justice Title VI website at http://www.usdoj.gov/crt/crt- home.html http://www.usdoj.gov/crt/crt- home.html http://www.usdoj.gov/crt/crt- home.html Materials in hour training binder Materials in hour training binder