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TITLE VI OVERVIEWOffice of Employee Services Todd Sadler Director
Karen KienastCivil Rights Team Lead
Nikita RaineyTitle VI specialist
Steve KerberTitle VI specialist
April 4, 2014
Basics:1. I.M. 1.070 issued to local public agencies
(LPAs)
2. Title VI plans and agreements
3. Standard DOT Title VI assurances
http://www.iowadot.gov/civilrights/index.aspx
What is Title VI?• Federal law
Title VI of the Civil Rights Act of 1964 (42 UnitedStates Code (U.S.C) § 2000d), is federal law.
• The essence of the law:“No person in the United States shall on the ground of race, color, or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.” 3
Discrimination DefinedThat act (or action) whether intentional or unintentional, through which a person in the United States, solely because of race, color, religion, sex or national origin, has been otherwise subjected to unequal treatment under any program or activity receiving financial assistance from the Federal Highway Administration under Title 23 U.S.C. (23 CFR § 200.5(f)).
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Disparate Treatment
• Treated differently on prohibited basis• Obvious/Intentional Discrimination• Policies/Rules applied inconsistently• Examples: Contractor selection, specification
enforcement
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What is a Title VI Site Review?
• A formal on-site evaluation of subrecipients to ensure compliance with Title VI requirements.
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Why are Site Reviews Conducted?• To ensure that Title VI polices and procedures
are being followed, and that subrecipients meet the minimum standards of Title VI as required by law.
• To ensure that federal funds utilized by subrecipients does not result in discriminatory practices/treatment, whether intended or unintended. 7
Why are Site Reviews Conducted?• To verify what Sub-Recipients have provided to Iowa
DOT in writing. It’s documented, verifiable evidence of what has been previously reported.
• To provide recommendations, and as necessary, corrective actions and follow-up for identified problems.
• To ensure compliance with any other contract requirement that Iowa DOT has stipulated.
Parts of Review• Compliance: Fulfilling obligation• Process: Ensure process is in place• Program: Comprehensive assessment• Desk audits: Cursory desk inspection of pertinent
document(s)• On-site: Extensive/in-depth investigation of
program at program site
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Sub-Recipients Responsibilities1) Signed assurance
“Every [award of, or] application for Federal financial assistance shall, as a condition to its approval and the extension of any Federal financial assistance pursuant to the [award or] application, contain or be accompanied by an assurance that the program will be conducted or the facility operated in compliance with all requirements imposed …” (49 CFR § 21.7)
2) Method of administration (a) All federal-aid [sub]recipients are required to develop a system of procedures and mechanisms to assure nondiscrimination in all its programs, activities and services, whether federally funded or not.
“The Recipient shall provide for such methods of administration … to give reasonable guarantee that it, other recipients, sub-grantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance” (USDOT Assurance #9); see also 49 CFR § 21.7(b) and 23 CFR § 200.5(p)
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Sub-Recipients responsibilities
2) Method of administration--continueda) Nondiscrimination Statement of Policy
—Express commitment to nondiscrimination obligationpolicy signed by chief administrative officer
—Policy statement circulated throughout organization and general public
b) Designate Title VI Coordinator or Specialist—Outline role(s), responsibilities and authority—Manage the day-to-day administration of program—Knowledge of Title VI authorities, implementation
and application 11
Environmental JusticeExecutive Order 12898
Each federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies and activities on minority populations and low-income populations
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Limited English Proficiency (LEP)Executive Order 13166
•Meaningful access to programs and services
• A person is considered to have LEP if they do not speak English as their primary language and if they have a limited ability to read, speak, write or understand English
• Federal requirements supersede state and local
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What’s the Benefit of Compliance? • Ensures that you are in full compliance
regarding your responsibility as a recipient of federal aid funds.
• Builds Iowa communities who believe Title VI compliance develops public transportation policies that are considered and administered in a nondiscriminatory manner FOR ALL.
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In effect, Title VI Authorities …• Promote fairness and equity in federally assisted
programs and activities
• Based on the fundamental principle that all human beings are created equal
• Rooted in the constitutional guarantee that all human beings are entitled to equal protection of the laws
• Address involvement of impacted persons in the decision-making process
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Open Floor
•Questions?•Comments?•Suggestions?
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ContactsTodd Sadler Director, Employment Services
Karen Kienast Civil rights team [email protected]
Nikita Rainey Title VI [email protected]
Steve Kerber Title VI [email protected]
