Presentation on theme: "UNDERSTANDING TITLE VI"— Presentation transcript:
1 UNDERSTANDING TITLE VI PresenterCharlotte ThomasFDOT 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 OBJECTIVETo obtain a general understanding of Title VI
4 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
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 VIWritten to include ALL programs and activities of Federal-Aid recipients, sub-recipients and contractorsApplies to programs and activities whether they are federally assisted or not
7 HEART OF TITLE VINO 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 DiscriminationWithin 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 PolicyFDOT’s Title VI AssurancesFDOT Procedure49 CFR – Prohibits discrimination in DOT programs. Is also where the requirement for sub recipients to report and DOT’s responsibility to monitor.
10 EXECUTIVE ORDERS12250 – Delegates to the Attorney General the coordination of nondiscrimination provisions13166 – Improving access to services for persons with Limited English Proficiency (LEP)12898 – Federal actions to address environmental justice in minority populations and low-income populations12250 – Title VI, Title 9 of Education Amendments of 1972, Section 504 of Rehabilitation Act of 1973 & any other statutory law regarding discrimination .
11 Protected ClassesRace, 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, 1994Identifies and addresses adverse effects of government programs and activities on minority and low-income populationsMirrors the purpose of Title VI in regards to environmental hazardsEncourages public participation and access to informationOur environment: human, natural, physical, homes, jobs, schools, recreationCalls 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 VITriggers a new look at NEPA in setting goals for the protection, maintenance, and enhancement of the environmentEncourages participation of impacted citizens in the different stages of assessment, including scoping, data-gathering, alternatives,analysis, mitigation, and monitoring.
13 The “EJ” MovementThe 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 12898Both 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 processEO restates Title VI
17 Title VI & EO 12898EO 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 12898Race, 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 programTitle VI PolicyTitle VI AssurancesTitle VI Procedures (include complaint process)Title VI ReportsJoint Transportation AgreementsGrant applicationsKnowledgeable, trained T6 coordinator
19 Documentation Reports Routine correspondence Public hearing handouts May also e found in informal documents such as:ReportsRoutine correspondencePublic hearing handoutsSignsNewspaper advertisements
20 Title VI Issues for Public Transportation Transportation Improvement ProgramsPublic HearingsGrants
21 Title VI Issues Identification of Impacts Nonminority and minority areas must be equally consideredBeneficial 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 workshopsFeedback on public comments and concerns
24 Title VI Issues Community Impact Assessment (CIA) Gain knowledge of affected human environmentUnderstand:The relationship between the proposed action and the communityThe good and bad impacts of an actionThe individuals, social groups, neighborhoods, governments and whole community
25 Title VI Issues Benefits and services Accessibility Community CentersHospitalsShoppingRight of Way benefits and services