UNDERSTANDING TITLE VI Presenter Charlotte 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 the Enactment 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 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

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

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 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

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.

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 49 CFR – Prohibits discrimination in DOT programs. Is also where the requirement for sub recipients to report and DOT’s responsibility to monitor.

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 .

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 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.

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. Some protesters were prominent citizens such as Walter Fauntroy & Dr. Benjamin Chavis, Jr.

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.

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

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

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 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

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

Questions?