UNDERSTANDING TITLE VI

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UNDERSTANDING TITLE VI

• Presenter
• Charlotte Thomas
• FDOT State Title VI Administrator
• [phone]
• charlotte.thomas_at_dot.state.fl.us

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• 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

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OBJECTIVE

• To obtain a general understanding of Title VI

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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

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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

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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

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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.

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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.

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Implementing Regulations

• 49 CFR 21 (USDOTs regulation)
• 23 CFR 200 (FHWAs regulation)
• FDOTs Title VI Policy
• FDOTs Title VI Assurances
• FDOT Procedure 275-010-010

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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

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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)

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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

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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.

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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.

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Results of the Warren County Decision

• The Countys 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.

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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

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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.

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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

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Documentation

• May also e found in informal documents such as
• Reports
• Routine correspondence
• Public hearing handouts
• Signs
• Newspaper advertisements

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Title VI Issues for Public Transportation

• Transportation Improvement Programs
• Public Hearings
• Grants

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Title VI Issues

• Identification of Impacts
• Nonminority and minority areas must be equally
  considered
• Beneficial and adverse impacts considered for
  both

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Title VI Issues

• Mitigation
• Measures provided to minimize the adverse impacts
  of a project

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Title VI Issues

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

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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

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Title VI Issues

• Benefits and services
• Accessibility
• Community Centers
• Hospitals
• Shopping
• Right of Way benefits and services

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Questions?