Embed Size (px)
Citation preview
TITLE VI
Russ RiveraCivil Rights Contract Compliance OfficerIdaho Transportation DepartmentBoise ID, 83702
1964 CIVIL RIGHTS ACT: NON-DISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS
THIS TRAINING WILL:• Provide an overview of Title VI;• Sub-recipent guide to assure effective Title VI implementation and enforcement;
• Examine data collection procedures;• Identify public involvement tools.
“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”
John F. Kennedy
SIMILAR GOALS / DIFFERENT LANGUAGE
•Level Playing Field•Equity•Equality
Equity – “FAIR” (Subjective)“The quality of being fair or impartial; fairness; impartiality”
• Can include, monetary value, and access to education and opportunity,
• Difficult to quantify
Equality – “EQUAL” (Quantitative)“The state or quality of being equal; correspondence in quantity,
degree, value, rank, or ability.”
Giving both men $1,000 for investment: EQUAL
Giving each man a different amount, while also providing education and opportunity for the one in need: EQUITABLE
Equity Vs. Equality
EQUITY VS. EQUALITY
a b c d e f0
1
2
3
4
5
6
7
8
9Avg. NET WORTH
Race
EQUALITY- “GIVING EVERYONE A $1 MILLION”
a b c d e f0
1
2
3
4
5
6
7
8
9
10
MAKES THE ENTIRE WORLD $1 MILLION RICHER
EQUITY
a b c d e f0
2
4
6
8
10
12
• Equity requires undoing historical inequality• Providing Opportunity: ITD DBE Program• Education: ITD Training Special Provisions
SEC. 601.“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.”
CIVIL RIGHTS ACT OF 1964
•Signed by Lyndon B. Johnson •Constitutional Authority•Regulation Interstate Commerce•Equal protection of laws (14th ammendment)
•Voting Rights (Voting Rights Act)
TITLE VI ENSURES• Program/activity benefits and services are fair and made available to everyone.
• The program/activity location will not deny any person access.
• Persons are not adversely Impacted based on Race, Color, Gender, Etc.
• TITLE VI– PROTECTS YOU!!!
US Dept. Of Transportation
FHWA FTA FAA
Idaho Transportation Dept.
Federal
Local
State
LPA
• Federal Aid Highway Funding• Federal Lands Highway
Funding
All Recipients and Subrecipients must comply with federal Civil Rights Act (CRA) Title VI requirements.
• Consideration for impacts:• Planning• Right of way• Project Development• Construction• Research
SEC. 601.“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.”
SEC. 601.“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.” SEC. 601.
• The Supreme Court has held that all persons, including undocumented citizens, are considered “persons” under the equal protection and due process clauses of the Fifth and Fourteenth Amendments of the Constitution.
SEC. 601.“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.” SEC. 601.
• Federal Code later amended to include discrimination based upon: sex, age, handicap / disability, english proficiency, income.
SEC. 601.“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.” SEC. 601.
• Program: Any highway, project or activity for the provision of services, financial aid or other benefits to individuals.
• Federal Financial Assistance: Grants or loans consisting of federal funds.
SUBRECIPIENT RESPONSIBILITIES
Sign an Assurance • Contract obligating sub-recipient to comply with Title VI
Statute.• Activities are conducted in a non-discriminatory manner.
Ensure Title VI Provisions are in federally funded contracts
• Ensure Title VI provisions are in any other contracts extended to other subrecipients, including subcontractors.
Establish a Method of Administration• System of procedures policies and methods or mechanisms to
ensure non-discrimination in all subrecipient activities and services regardless of federal funding.
EXECUTIVE ORDER 12898 (EJ)
"In making determinations regarding disproportionately high and adverse effects on minority and low-income populations, mitigation and enhancement measures that will be taken and all offsetting benefits to the affected minority and low-income populations may be taken into account…"
--U.S. Department of Transportation Order on Environmental Justice
EJ PROCESS:
Review Questions:
• Overall Strategies and goals
Strategies and efforts for ensuring Title VI compliance
Developing a demographic profile
Identifying socio-economic groups
• Service Equity Using demographic information to identify benefits and burdens of transportation investmentsIs there an analytical process in place?
• Public InvolvementEngaging minority populationsReducing barriers
QUESTIONS ON ENVIRONMENTAL JUSTICE???
LIMITED ENGLISH PROFICIENCY
Executive Order 13166 (LEP)
DO YOU HAVE AN LEP PLAN?
http://www.youtube.com/watch?v=mSGbIpKRQ-c
http://www.youtube.com/watch?v=NIGQe15IZlo
EXECUTIVE ORDER 13166 (LEP)
• Limited English Proficiency (LEP)• Presidential directive: “ensure meaningful access to services and programs” normally provided in English.
• Nondiscrimination authority grounded on Title VI.• Provide guidance on how sub-recipients can provide meaningful access to services for LEP’s.
• Establish a plan with consistent standards and steps to overcome language barriers on programs and activities.
• Allow adequate opportunity for stakeholders to provide input.
LEP REQUIREMENTS (CONTINUED)• Assessment of 4 factors
• Demography – Number and proportion of LEP’s in the service area.• Frequency – Rate of contact with services or programs.• Importance – Nature and importance of program services.• Resource – Availability of resources.
• Plan of Action• Identification – Volume and location of LEPs and LEP Communities.• Language assistance measures – Types of language services available;
how to respond to LEP callers; how to respond to LEPs in person: how to respond to written communication; types of documents/info to translate.
• Staff – Knowledge of policy and procedures, linguistic diversity and sophistication, cultural sensitivity and communication skills, training and experience.
• Outreach measures – Notification methods on special language assistance
• Monitoring and evaluation of efforts.
GOOD -Innovative / Proactive-Recognize Statistics-Demographics-Engaging Cultures-Inclusive
BAD-Undue Burden-Deny Reality-Internal polling-Extraneous Cost-Citizenship
Good and Bad Language of Title VI and LEP Plans
GOOD -Innovative / Proactive-Recognize Statistics-Demographics-Engaging Cultures-Inclusive
BAD-Undue Burden-Deny Reality-Internal polling-Extraneous Cost-Citizenship
NON COMPLIANCE-Risk forfeiture of federal aid funding
Good and Bad Language of Title VI and LEP Plans
EXAMPLES
“The City of “X” weighed the cost and benefits of translating documents for potential LEP groups. Considering the expense of translating documents, the likelihood of frequent changes in documents and other relevant factors, at this time it is an unnecessary burden to have any documents translated.”
“The city of “Z” currently provides Spanish/English bilingual staffing at the “Z” City Hall and also in the Marshal’s department. The City may also consider a telephone language line, should staffing change. At this time the city provides accurate and competent language services and will continue to monitor and evaluate its service provided as the demographics change.”
EXAMPLES
“The City of “X” weighed the cost and benefits of translating documents for potential LEP groups. Considering the expense of translating documents, the likelihood of frequent changes in documents and other relevant factors, at this time it is an unnecessary burden to have any documents translated.”
X= Larger Overall Population (4x), Larger LEP Population by %10. Largest Overall Statewide LEP.
“The city of “Z” currently provides Spanish/English bilingual staffing at the “Z” City Hall and also in the Marshal’s department. The City may also consider a telephone language line, should staffing change. At this time the city provides accurate and competent language services and will continue to monitor and evaluate its service provided as the demographics change.”
QUESTIONS ON LIMITED ENGLISH PROFICIENCY???
ADA COMPLIANCE
• Transition Plan (>50 staff members)• Identify physical obstacles limiting
accessibility.• Describe methods used to attain
accessibility.• Specify Schedule.• Indicate individual responsible for ADA
compliance.
ADA TRANSITION PLAN NEEDS ASSESSMENT
DO YOU HAVE A COMPLAINT PROCESS
•When to file•What information to include•Recordkeeping on complaints•Outcome notification•Alternative contacts
ADA COMPLIANCE
CURB RAMP FUNDING ?!?!?!?!
ITD will be conducting funding workshops throughout the state beginning in November. One of the funding programs is for replacing noncompliant ADA ramps . Details will be provided during the workshop. If you are interested in receiving the schedule or information regarding this program or upcoming programs please check the box indicated on the sign-in sheet. Please be sure to include your email address.
QUESTIONS ON ADA COMPLIANCE???
HTTP://WWW.ITD.IDAHO.GOV/CIVIL/TITLE6.HTM
COMMON ISSUES WITH TITLE VI PLANS:
• Title VI Coordinator
• Policy setting authority and regulations
• Federally and non-federally assisted programs are included
• Complaint notification (ITD and other recipients)
• LEP, Four factor analysis
Julie Caldwell
Contract Compliance Officer
Idaho Transportation Department
(208) 334-8458
Russ Rivera
Contract Compliance Officer
Idaho Transportation Department
(208) 334-8152
