Title VI of the Civil Rights Act of 1964

Compliance Reviews for Subrecipients  

 Local Public Agencies

OVERVIEW

Each year, the Federal Highway Administration (FHWA) distributes billions of dollars to States through the federally-assisted programs it administers. The agencies’ power to extend Federal financial assistance to any program or activity by way of a grant, loan, or contract, creates a legal obligation to ensure that all persons regardless of their race, color, or national origin are afforded an equal opportunity to benefit from that assistance (42 U.S.C. 2000d-1 (1988). Recipients of Federal financial assistance are also obligated to assure nondiscrimination in all their programs and activities. Therefore, the Idaho Transportation Department (ITD) is required to have a comprehensive and proactive Title VI enforcement program to prevent and eliminate discrimination, not only in its own programs, but in all subrecipient programs and services.

These nondiscrimination provisions apply to all programs and activities of Federal aid recipients, sub-recipients, and contractors, regardless of tier. The provisions prohibit any use of Federal aid funds to subsidize, promote, or perpetuate discrimination based on race, color, national origin, sex, age, disability, or retaliation. Primary recipients (ITD) are responsible for determining and obtaining compliance by the sub-recipients and contractors.

Covered programs include any highway project, program or activity meant to provide services, financial aid, and other benefits. This includes education or training, work opportunities, health, welfare, rehabilitation, housing or other services, whether provided directly by the recipient of federal financial assistance or other agents, through contracts or other arrangements with the recipient.

Other nondiscrimination requirements related to Title VI include:

• Limited English Proficiency – LEP (Executive Order 13166) – As noted above, one of the bases covered under Title VI is national origin. One type of national origin discrimination is discrimination based on a person’s inability to speak, read, write, or understand English. The federal government and those receiving federal financial assistance (recipients, subrecipients, contractors) must take reasonable steps to ensure that LEP persons have meaningful access to the programs, services, and information those entities provide. This may require providing written and/or oral communications in a language other than English. More information regarding LEP responsibilities can be found at http://itd.idaho.gov/civil/Title6.htm

• Environmental Justice (Executive Order 12898) – This is the process of identifying and addressing disproportionately high and adverse human health or environmental effects in all programs, policies, and activities on minority and low-income populations.

Efforts to prevent discrimination must address, but not be limited to, a program’s impact upon access, benefits, participation, treatment, services, contracting opportunities, training opportunities, investigation of complaints, allocation of funds, prioritization of projects and the functions of planning, project development, design, right-of-way acquisition, construction, and research.

In addition, 23 CFR 200.9b (7) requires that state DOT’s “conduct Title VI reviews of cities, counties, consultant contractors, suppliers, universities, colleges, planning agencies, and other recipients of Federal-aid highway funds.” A non-discrimination agreement must be signed as part of the grant award process. A Title VI Program Review will be conducted on all LPA’s receiving grant awards.

The most up-to-date versions of the documents in this training manual can be found at:  

http://itd.idaho.gov/civil/Title6.htm