affirmative action plan · 2017-07-26 · affirmative action plan internal and external fiscal...

AFFIRMATIVE ACTION PLAN

Internal and External

Fiscal Years 2008 - 2011

WYOMING DEPARTMENT OF TRANSPORTATION5300 Bishop Boulevard

Cheyenne, WY 82009-5300

DIRECTORJohn F. Cox

CIVIL RIGHTS PROGRAMKent O. Lambert

Telephone: 307-777-4268

February 13, 2009

Affirmative Action Plan: 2008-2011

Table of Contents

Section I: Affirmative Action Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1B. Agency Affirmative Action Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2C. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3D. Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3E. Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3F. Action and Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3G. Organizational Commitment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Section II: Roles for Implementing Affirmative Action Plan . . . . . . . . . . . . . . . . . . 5A. Responsibilities and Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

1. Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52. Managers and Supervisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53. Civil Rights Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Section III: 2008 External Accomplishments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6A. Title VI External Accomplishments 2007-2008 . . . . . . . . . . . . . . . . . . . . 6

1. Contract Compliance Accomplishments and 2009 Goals . . . . . . 62. PR-1392 Annual Summary of Employment . . . . . . . . . . . . . . . . . 63. Significant Program Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64. 2008 Contractor Training Accomplishments . . . . . . . . . . . . . . . . . 7

B. Disadvantaged Business Enterprise (DBE) Program Accomplishments . 8C. Supportive Services (SS) Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

1. Business Management Assistance . . . . . . . . . . . . . . . . . . . . . . . . 92. Technical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93. Marketing Assistance Program . . . . . . . . . . . . . . . . . . . . . . . . . . 104. Capacity Building Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Section IV: 2008 Internal Accomplishments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11A. Title VII Internal Accomplishments 2007-2008 . . . . . . . . . . . . . . . . . . . 11

1. State Population Figures (2000) and (2006 Estimates) . . . . . . . 112. Available Workforce Figures (2000) . . . . . . . . . . . . . . . . . . . . . . 123. Wyoming Statewide Parity by Job Categories (2000 Census) . . 13

B. Definitions and Federal EEO-4 Job Categories . . . . . . . . . . . . . . . . . . 141. 2008 Employment Data Report . . . . . . . . . . . . . . . . . . . . . . . . . 152. Summary of WYDOT Affirmative Action Parity . . . . . . . . . . . . . . 19

C. Women and Minorities as Officials/Administrators . . . . . . . . . . . . . . . . 21D. Women and Minorities in Professional Categories . . . . . . . . . . . . . . . . 22E. Women and Minorities in Technical Categories . . . . . . . . . . . . . . . . . . 23F. Women and Minorities in the Protective Service Categories . . . . . . . . 24G. Women and Minorities in Paraprofessional Categories . . . . . . . . . . . . 25H. Women and Minorities in Administrative Support Categories . . . . . . . . 26I. Women and Minorities in Skilled Crafts Categories . . . . . . . . . . . . . . . 27

J. Underrepresented Area: Women and Minorities in Service/ MaintenanceCategories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

K. New Hires: Women and Minorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29L. Promotion Accomplishments and Analysis . . . . . . . . . . . . . . . . . . . . . . 31M. Terminations - (Permanent Full-time) . . . . . . . . . . . . . . . . . . . . . . . . . . 33N. Terminations - Temporary Workforce (Seasonal and At-Will) . . . . . . . . 35O. Current Organizational Structure and Employment by Division . . . . . . 37P. Training, Education, and Development - Education Overview . . . . . . . 39Q. Accomplishments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Section V: 2008-2011 Goals and Strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43A. Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43B. Strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44C. Five Year Hiring Goals by Categories . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Section VI: Title VI Complaint Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48A. Scope of Title VI Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48B. Title VI Public Notice Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48C. Formal Title VI Complaint Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . 49D. Informal Title VI Complaint Procedure . . . . . . . . . . . . . . . . . . . . . . . . . 53E. Title VI Complaint Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Section VII: Limited English Proficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Section VIII: Environmental Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

Section IX: Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

Section X: Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62EXHIBIT A - WYDOT Organization Chart Reference . . . . . . . . . . . . . . . . . . . 62EXHIBIT B - Title VI Assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

APPENDIX A - Contract Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66APPENDIX B - Granting and Habendum Clauses . . . . . . . . . . . . . . . . 68APPENDIX C - Property-related Clauses . . . . . . . . . . . . . . . . . . . . . . . 69

EXHIBIT C - 49 CFR Part 21 Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71EXHIBIT D - Notice 4720.6 Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72EXHIBIT E - Executive Order 13166 Reference . . . . . . . . . . . . . . . . . . . . . . . 73EXHIBIT F - Executive Order 12898 and Order on Environmental Justice

References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

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Section I: Affirmative Action Plan

A. Introduction

The Wyoming Department of Transportation (WYDOT) is a “primary recipient” of federaltransportation funds. As a regulatory condition of obtaining these funds, WYDOT isrequired to administer a program that establishes Title VI goals and objectives that pertainto highway and transportation programs. Every member of WYDOT is responsible forimplementing and monitoring compliance with the Title VI program.

The focal point of nondiscrimination law is Title VI of the Civil Rights Act of 1964, whichprohibits discrimination on the basis of race, color, or national origin. However, the broaderapplication of nondiscrimination law may be found in other statutes, regulations, andexecutive orders. Discrimination based on sex, disability, and age is prohibited, as is unfairand inequitable treatment of persons involved with projects that are undertaken with federalfinancial assistance. The Civil Rights Restoration Act of 1987 clarified the intent of Title VIto include all programs and activities of federal-aid recipients and contractors, whetherthose programs and activities are federally funded or not.

Executive Order 12898, “Federal Actions to Address Environmental Justice in MinorityPopulations and Low-income Populations,” signed in February 1994, requires a federalagency to achieve environmental justice as a part of its mission by identifyingdisproportionately high and adverse human health and environmental effects of itsprograms, policies, and activities on minority and low-income populations. The FederalHighway Administration (FHWA) requires WYDOT to carry out environmental justiceresponsibilities as a part of its nondiscrimination program.

The Title VI Liaison Officer is responsible for initiating and monitoring the Title VI activitiesof WYDOT’s divisions, districts, and all program areas and oversight of subrecipients.

WYDOT is considered the primary recipient for federal funding. Subrecipients includecontractors, subcontractors, suppliers, consultants, cities, local governments, and anyother entity receiving funds from WYDOT. Title VI regulations differ from Title VIIregulations in that Title VI is for the protection of the public in regard to WYDOT’s activitiesand effects. Title VII, on the other hand, is specific regulation to protect WYDOT’semployees.

WYDOT is required to protect the public interest by developing a plan for the public’sbenefit. In addition, the Title VI plan indicates what WYDOT will do to preventdiscrimination, how it will carry out the plan, and how it will monitor the plan.

Title VI assurances are the foundation of the department’s commitment tonondiscrimination. WYDOT deals with Title VI issues through the monitoring of itscompliance with the principles specifically set forth in the law. WYDOT also acknowledgesits responsibilities to work toward increased effectiveness regarding Title VI compliance.

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C. Purpose

Operating Policy 35-6, Equal Employement Opportunity (EEO), outlines the standardsregarding equal employment opportunity and affirmative action (AA) for the WyomingDepartment of Transportation.

D. Background

WYDOT consists of people with diverse backgrounds, including different cultures, beliefs,and life experiences.

WYDOT is committed to the right of all persons to work and advance on the basis of merit,ability, and potential.

Affirmative action is a valuable and an effective tool that enables WYDOT the ability tomitigate the effects of discrimination, intended or unintended, on the basis of race, color,sex, age, national origin, disability/handicap, or income status.

The department, by and through its divisions, programs, and districts, values the principlesof equal employment opportunities, affirmative action, and diversity.

E. Policy

WYDOT values the principles of equal employment opportunities and affirmative action andproactively works toward equality and the promotion of equal employment opportunity andaffirmative action.

All employees and job applicants are to receive fair consideration and respectful treatmentin hiring and all employment actions without regard to race, color, sex, age, national origin,disability/handicap, or income status.

WYDOT also engages in public contracting practices designed to promote affirmativeaction goals, policies, or programs for disadvantaged or minority groups to ensure equalopportunity, employment, and business for people otherwise disadvantaged by reason ofrace, color, sex, age, national origin, disability/handicap, or income status.

F. Action and Responsibility

WYDOT’s Civil Rights Program will review and discuss the department’s affirmative actionplan and affirmative action goals to identify possible areas of improvement.

WYDOT will provide training programs designed to improve skills necessary to effectivelymanage affirmative action, equal employment opportunity, human resources, andmanagement. Internal and external training resources will address specific objectives, suchas the following:

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An ability to appropriately identify and respond to language barriers (LEP); A common understanding of how all members of the organization should be valued

and respected; An understanding of the roles of employers and employees in creating a welcoming

environment; and The improvement of employee morale.

Managers are to ensure principles of equal employment opportunity and affirmative actionare practiced when they deal with issues involving their employees.

G. Organizational Commitment

WYDOT is dedicated to a workforce that is representative of the public it serves. Diversityis considered an important strategic business value that takes advantage of diverse,creative thinking, collaboration, and problem solving toward common state and federaltransportation goals.

Affirmative Action provides the tools to ensure that equal employment opportunity isavailable to and includes all employees and job applicants and is free of discrimination.Affirmative Action is a legal and essential ingredient in all recruitment, career development,and promotion opportunities.

WYDOT’s Civil Rights Manager is responsible for leadership in the implementation andmonitoring progress of the department’s Affirmative Action Plan.

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Section II: Roles for Implementing Affirmative Action Plan

A. Responsibilities and Accountability

1. Director

Reviews and discusses the Affirmative Action Plan and affirmative action goals sothat the department can identify resources for improving, if needed, the hiring anddevelopmental opportunities of under-represented persons.

2. Managers and Supervisors

Department division administrators, managers, and district engineers are requiredto read, route, or provide a copy of the personnel policies to all staff members atleast once each year. Those policies include: Complaint and Grievance, EqualEmployment Opportunity, Workplace Harassment, and Workplace Violence.

3. Civil Rights Manager

Implements, monitors, and ensures WYDOT’s compliance with Title VI regulationsand develops, coordinates, and implements WYDOT’s Title VII Affirmative ActionProgram.

Processes, investigates, and resolves complaints in accordance with the complaintprocedure and time limitation; coordinates the Affirmative Action Plan and EqualEmployment Opportunity Program with division and district engineers and otherprogram area managers or designees.

Assists in reviewing WYDOT’s central office and district procedures and guides asthey relate to various programs’ directives, manuals, and other regulations todetermine whether Title VII Civil Rights Provisions are contained. Where correctionsare necessary, coordinates with the appropriate program area officials to ensurenecessary revisions are implemented.

Prepares annual reports for FHWA regarding Affirmative Action accomplishmentsfor the year, and establishes goals for the next year and/or five year projections.

Evaluates and/or prepares statistical data necessary to determine the effectivenessof compliance with the Affirmative Action requirements.

Monitors WYDOT procedures and programs for compliance in all program areas,and establishes procedures for resolving problems. Conducts training programs andprovides technical assistance and advice on Affirmative Action matters to WYDOTprogram area officials and managers.

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Section III: 2008 External Accomplishments

A. Title VI External Accomplishments 2007-2008

1. Contract Compliance Accomplishments and 2009 Goals

At the close of fiscal year 2008, five contractors were reviewed for contract compliance.These five contractors represented approximately 15 percent of the total available primecontractors currently working on Wyoming highway projects.

a. Number of contract compliance reviews conducted - 5b. Number of prime contractors reviewed - 5c. Number of prime contractors found in compliance - 5d. Number of contractors found in noncompliance - 0e. Number of voluntary corrective action notices issued - 0f. Number of voluntary corrective action notices rescinded - 0g. Show cause actions still under conciliation or unresolved - 0h. Number of voluntary corrective action plans issued - 0I. Number of follow-up reviews conducted - 0j. Compliance reviews planned for fiscal year 2009 - 5 contracts.

No Equal Employment Opportunity or wage grievances were filed against any contractorsduring fiscal year 2008. No progress payments were withheld against any prime contractorsdue to a determination of non-compliance with the Equal Employment Opportunityrequirements of the contracts.

2. PR-1392 Annual Summary of Employment

The PR-1392 submitted for July 2008 for federal-aid projects shows the minority work forcerepresentation to be 15.94 percent compared to the previous fiscal year of 21.29 percentand female representation was 20.04 percent compared to 15.88 percent for fiscal year2007. Minority apprentices and trainees were 25.37 percent of the trainee work force andfemale apprentices and trainees totaled 10.45 percent. This compares with 31.75 percentof the trainee work force being minority and 22.22 percent of the trainee work force beingfemale in 2007.

3. Significant Program Changes

WYDOT used area-wide reviews to evaluate contracts during fiscal year 2008. WYDOTconducted five individual reviews. Those five reviews consisted of eight federal-aidcontracts totaling $77,693,490.62 and were located throughout the state of Wyoming.Contractors were able to demonstrate affirmative action procedures within theirorganizations and were able to satisfactorily demonstrate the use of minority and femaleemployees throughout the company workforces.

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4. 2008 Contractor Training Accomplishments

The program used was a competency-based program where the employee is given creditfor knowledge mastered on equipment. The competency-based program has beenrecognized and has been certified through the Bureau of Apprenticeship Training. Thecompetency-based program, as administered, uses no supportive service funding. Therewere 30 eligible applicants enrolled during FY 2008. Each trainee is required to attendnumerous training seminars sponsored by the Wyoming Contractors Associationthroughout the year. Classifications for trainees include six different disciplines, which areOperating Engineers, Mechanics, Truck Drivers, Cement Masons, Rough Carpenters, andWelders. A Structure Workers classification has not been approved by the Bureau ofApprenticeship Training; therefore, no trainees are currently enrolled.

a. An assigned trainee goal for calendar year 2008 = 30b. Total trainees enrolled during 2008 = 37 trainees.c. An assigned trainee goal for calendar year 2009 = 30

Administratively, the Wyoming Contractors Association’s training program, recruiting,counseling, and administration are undergoing staffing modifications, and emphasis on theconstruction trades training has suffered over the past year. Contributing to internal staffingrequirements, the current emphasis on the minerals industry has left the employmentworkforce of available trainee applicants in a dismal situation. Construction companies arehaving to compete with higher wages in an attempt to attract young individuals willing tocommit to the training requirements. Minority and female utilization are still an emphasisthrough recruitment, placement, and graduation from the training program. Presently,minority representation of 18.2 percent and female representation of 9.1 percent areconsidered satisfactory.

The current program, as administered, has provided an opportunity to both minority andfemale employees to further their careers within the construction industry. Participationwithin the training program has minimally addressed contract compliance requirements.The current program has succeeded in structuring the training program and hasemphasized the need for competent journeyman level operators within the industry. Eightindividuals graduated this current year. Graduates included two minority males and six non-minority males. Continual emphasis by WYDOT toward graduation and permanentplacement of the trainees within journeymen level skills is a paramount issue.

At the close of fiscal year 2006, the training supplementary specifications were modified tofacilitate both the contracting industry and WYDOT. Training compliance was reassignedfrom the resident engineers’ authority and was made part of the contract complianceprocess administered through the Construction Program at headquarters. This procedureresulted in a reduction of paperwork and was regulated within a centralized location.Trainees were enrolled in an approved training program according to the contractor’s totalnet worth averaged over a three-year period. The contracting industry was allowed to usethe trainee anywhere within the contractor’s workforce and was not necessarily assignedto a specific contract. Contract compliance reviews conducted on the five contractors for2008 indicated that trainees were being utilized throughout the contractors’ workforce, and

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consistent reporting of hours indicated that the training program was being utilized betterand was more successful than in years past. Contractors indicated retention of trainees isbetter because the trainee can be utilized in areas of the company that better suit thetrainee and company needs.

B. Disadvantaged Business Enterprise (DBE) Program

Accomplishments

WYDOT manages the Disadvantaged Business Enterprise (DBE) Program and providesa variety of opportunities within the construction programs for DBEs to participate. DBEsmay participate as prime contractors, subcontractors, consultants, or suppliers.

WYDOT gets credit for actual payments made to DBE firms on contracts completed duringthe federal fiscal year. WYDOT projects may cover one, two, or three construction seasons.Therefore, the number and types of federal-aid contracts completed in any given fiscal yearhave no direct correlation to the numbers and types of federal-aid contracts let to bid duringthat same federal fiscal year.

During federal fiscal year 2008, WYDOT’s Annual Aspirational DBE Goal was 4.05 percent.WYDOT let to contract 52 federal-aid contracts for a total of $265,201,493.71. DBE primecontractors were awarded two contracts for a total of $241,769.39 for a race/gender neutralaccomplishment of 0.09 percent DBE prime contract participation at the time of bid letting.There were commitments from the prime contractors to DBE subcontractors for 31subcontracts totaling $9,676,158.61 for a race/gender neutral accomplishment of 3.65percent subcontract commitment at time of bid letting. The total DBE awards andcommitments for FY2008 are then $9,917,928.00, which equals 3.74 percent of the federal-aid dollars let to bid.

WYDOT’s actual accomplishments of payments to DBE firms for the 2008 federal fiscalyear show 45 projects completed, totaling $157,975,790.29. Of those completed projects,$7,291,884.52 was paid to DBE firms through prime and subcontract opportunities, for atotal actual payment accomplishment of 4.62 percent. This exceeds the Annual AspirationalGoal of 4.05 pecent by 0.57 percent.

C. Supportive Services (SS) Program

WYDOT’s DBE Supportive Services’ (DBESS) Work Statement outlined four objectives.Those objectives and the results of the DBESS work accomplished are as follows:

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1. Business Management Assistance: Enhance the growth and developmentof one to five underutilized DBE firms involved in highway construction byproviding them with business management assistance. Fifty percent of thefirms should report positive business growth six months after completing theprogram.

Action Plan:ACTIVITY PERFORMANCE MEASURE(S)

Enroll one to five DBE firms this year forBusiness Management Program to increasemanagement expertise.

Based on the results of the NeedsAssessment, identify the number of DBE firmsthat need a business plan and are interestedin developing one.

Eight DBE firms committed toparticipate in the program.

Four DBE firms were assisted indeveloping a business plan.

One of the DBE firms assisteddeveloped a complete businessplan.

Conduct a detailed and comprehensive needassessment on each of the DBE firmsparticipating in the Program.

Identify DBE firms that have common trainingneeds.

Eleven DBE firms completed acomprehensive needs assessment.

Eleven DBE firms and trainingneeds were identified.

2. Technical Assistance: Provide technical assistance to at least five qualifyingand underutilized DBE firms to develop and improve their capabilities intechnical skills that are involved in highway construction-related services.

Action Plan:ACTIVITY PERFORMANCE MEASURE(S)

Provide resources and training to addressitems identified in the needs assessment.

Develop and conduct workshops, seminars,and training sessions to meet DBE trainingneeds.

Provide a reimbursement program for highwayrelated certified DBE firms.

DBE firms have committed toparticipate in the program whenfunding is available.

Seventeen currently certified DBEfirms and eight potential DBE firmshave been assisted with one-on-onetechnical assistance training.

None of the DBE firms have appliedfor reimbursement for approvedexpenses.

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3. Marketing Assistance Program: Provide marketing assistance to develop andimprove the capabilities of at least five DBE firms in their marketing skills toincrease the number of DBE firms bidding on federal-aid highway projects.

Action Plan:ACTIVITY PERFORMANCE MEASURE

Provide DBE firms with marketing assistanceto improve their success rate in obtainingcontracts.

Thirteen currently certified DBEfirms and two potential DBE firmshave been given marketingassistance.

4. Capacity Building Program: Increase the capacity of at least five participatingDBE firms by expanding their areas of work capability.

Action Plan:ACTIVITY PERFORMANCE MEASURE

Increase the total number of DBE work codeareas DBE firms are certified to perform.

Twelve currently certified DBE firmsand four potential DBE firms havebeen given capacity buildingassistance.

Currently none of the DBE firms areprepared to increase their work codeareas where they are certified toperform.

WYDOT has chosen not to apply for DBESS funding for the next fiscal year. The last yearthe DBESS program for WYDOT was fully funded was in federal fiscal year 2006 for$220,000.00. The FHWA process was changed for FY 2007. At that time, WYDOT set upa three-year program with funding requests of $205,000.00 for FY 2007-2008, $216,000.00for FY 2008-2009, and $227,000.00 for FY 2009-2010. The request for FY 2007-2008 wasfunded at approximately 58 percent, which was wholly inadequate to accomplish the goalsset forth in the Work Statement. WYDOT has accomplished what could be done with theshort funding, as outlined above.

Without adequate resources and funding support from FHWA, including some assuranceof full funding for the DBESS program laid out in the 2007 Work Statement, it would becounterproductive to proceed further with the objectives as outlined in the Work Statement.Lack of adequate funding would set up the DBEs and WYDOT for failure.

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Section IV: 2008 Internal Accomplishments

A. Title VII Internal Accomplishments 2007-2008

1. State Population Figures (2000) and (2006 Estimates)

Census Information for 2000 and2006 Estimates

2000 2006

Number Percent Number Percent

493,782 100.00% 505,576 100.00%

White 423,001 85.68% 427,777 84.61%

Black or African American 3,722 0.75% 3,686 0.73%

American Indian & Alaska Native 11,133 2.25% 11,505 2.28%

Asian 2,771 0.56% 4,656 0.92%

Native Hawaiian & Other Pacific Islander 302 0.06% 350 0.07%

Some Other Race 12,301 2.49% 12,442 2.46%

Two or More Races 8,883 1.80% 9,428 1.86%

Hispanic or Latino 31,669 6.41% 35,732 7.07%

Not Hispanic or Latino 462,113 93.60% 469,844 92.93%

White 85.68%

Hispanic or Latino 6.41%

Two or More Races 4.29%

Alaskian/American Indian 2.25%

Black or African American 0.75%

Hawaiian/Pac./Aisian 0.62%

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2. Available Workforce Figures (2000)

WyomingPopulation

UnavailableWyoming Workforce

Available WyomingWorkforce

AvailableMale

AvailableFemale

AvailableMinority

493,782 216,220 277,562 132,637 111,652 33,275

100.0% 43.8% 56.2% 26.9% 22.6% 6.7%

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3. Wyoming Statewide Parity by Job Categories (2000 Census)

Job Categories(2000 Census for Wyoming Occupations) Female Parity Minority Parity

Officials/Administrations 29.4% 5.3%

Professionals 14.4% 4.2%

Technicians 5.9% 9.1%

Protective Services 21.5% 5.9%

Paraprofessional 45.8% 7.0%

Administrative Support 67.4% 6.5%

Skilled Crafts 3.0% 7.3%

Service/Maintenance 13.9% 9.8%

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B. Definitions and Federal EEO-4 Job Categories

Officials and Administrators:

Occupations in which employees set broad policies, exercise overall responsibilityfor execution of these policies, or direct individual departments or special phases ofthe agency’s operations, or provide specialized consultation. Job titles in thiscategory may include: regional, district, or area directors; deputy directors;controllers; examiners; wardens; superintendents; sheriff; police and fire chiefs;inspectors; and kindred workers.

Professionals:

Occupations that require specialized and theoretical knowledge usually acquiredthrough college training or work experience and other training which providescomparable knowledge. This category includes: personnel and labor relationsworkers; social workers; doctors; analysts; accountants; engineers; employment andvocational rehabilitation counselors; teachers or instructors; police and fire captainsand lieutenants; and kindred workers.

Technicians:

Occupations that require a combination of basic scientific or technical knowledge andmanual skill which can be obtained through specialized post-secondary schooleducation or through equivalent on-the-job training. This category includes:computer programmers and operators; drafters; surveyors; licensed practical nurses;photographers; radio operators; technical illustrators; highway technicians; sciencetechnicians (medical, dental, electronic, physical); assessors; inspectors; police andfire sergeants; and kindred workers.

Protective Service Workers:

Occupations in which workers are entrusted with public safety, security, andprotection from destructive forces. This category includes: police patrol officers; firefighters; guards; deputy sheriffs; bailiffs; correctional officers; detectives; marshals;harbor patrol officers; and kindred workers.

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Paraprofessionals:

Occupations in which workers perform some of the duties of a professional ortechnician in a supportive role and usually requires less formal training and/orexperience than is normally required for professionals or technicians. This categoryincludes: library assistants; research assistants; medical aids; child support workers;police auxiliary workers; welfare service aides; recreation assistants; homemakeraides; home health aides; and kindred workers.

Administrative Support:

Occupations in which workers are responsible for internal and externalcommunication, recording and retrieval of data and/or information, and otherpaperwork required in an office. This category includes: bookkeepers; messengers;office machine operators; clerk typists; stenographers; court transcribers; hearingsreporters; statistical clerks; dispatchers; license distributors; payroll clerks; andkindred workers.

Skilled Craft Workers:

Occupations in which workers perform jobs which require special manual skill anda thorough and comprehensive knowledge of the processes involved in the work,which is acquired through on-the-job training and experience or throughapprenticeship or other formal training programs. This category includes: mechanicsand repairers; electricians; heavy equipment operators; stationary engineers; skilledmachining occupations; carpenters; compositors; typesetters; and kindred workers.

Service and Maintenance:

Occupations in which workers perform duties that result in or contribute to thecomfort, convenience, hygiene, or safety of the general public or that contribute tothe upkeep and care of buildings, facilities, or grounds of public property. Workersin this group may operate machinery. This category includes: chauffeurs; laundryand dry cleaning operatives; truck drivers; bus drivers; garage laborers; custodialpersonnel; gardeners and grounds keepers; refuse collectors; construction workers;and kindred workers.

1. 2008 Employment Data ReportEEO-4 ANNUAL EMPLOYMENT REPORT

16

EMPLOYMENT DATA AS OF SEPTEMBER 30, 2008(Do not include elected/appointed officials. Blanks will be counted as zero)

1. FULL-TIME EMPLOYEES (Temporary employees not included)

JOB

CA

TEG

ORIE

S

ANNUAL SALARY(in thousands 000)

TOTALEMPLOYEES

TOTALMINORITIES

BLACK HISPANIC

AMERICANINDIAN ORALASKANNATIVE

ASIAN ORPACIFIC

ISLANDERWHITE

M F M F M F M F M F M F M F

OFF

ICIA

LS/A

DM

INIS

TRA

TORS

1. $ 0.1 - 15.9

2. 16.0 - 19.9

3. 20.0 - 24.9

4. 25.0 - 32.9

5. 33.0 - 42.9

6. 43.0 - 54.9

7. 55.0 - 69.9 7 1 3 1 2 4 1

8. 70.0 PLUS 30 4 30 4

PRO

FESS

ION

ALS

9. $ 0.1 - 15.9

10. 16.0 - 19.9

11. 20.0 - 24.9

12. 25.0 - 32.9

13. 33.0 - 42.9 10 21 1 1 10 20

14. 43.0 - 54.9 48 40 2 4 1 4 1 46 36

15. 55.0 - 69.9 157 35 5 2 5 2 152 33

16. 70.0 PLUS 60 3 1 1 59 3

TEC

HN

ICIA

NS

17. $ 0.1 - 15.9

18. 16.0 - 19.9

19. 20.0 - 24.9

20. 25.0 - 32.9 3 3

21. 33.0 - 42.9 92 34 8 3 3 5 3 84 31

22. 43.0 - 54.9 224 40 14 2 12 2 2 210 38

23. 55.0 - 69.9 40 9 1 1 39 9

24. 70.0 PLUS

PRO

TEC

TIVE

SERVIC

E

25. $ 0.1 - 15.9

26. 16.0 - 19.9

27. 20.0 - 24.9

28. 25.0 - 32.9 1 1

29. 33.0 - 42.9 9 2 9 2

30. 43.0 - 54.9 41 1 41 1

31. 55.0 - 69.9 103 5 2 1 1 101 5

32. 70.0 PLUS 24 1 24 1

EMPLOYMENT DATA AS OF SEPTEMBER 30, 2008(Do not include elected/appointed officials. Blanks will be counted as zero)

1. FULL-TIME EMPLOYEES (Temporary employees not included)

JOB

CA

TEG

ORIE

S

ANNUAL SALARY(in thousands 000)

TOTALEMPLOYEES

TOTALMINORITIES

BLACK HISPANIC


ASIAN ORPACIFIC

ISLANDERWHITE


17

PA

RA

PRO

FESS

ION

AL

33. $ 0.1 - 15.9

34. 16.0 - 19.9

35. 20.0 - 24.9 27 11 2 2 25 11

36. 25.0 - 32.9 11 8 1 1 10 8

37. 33.0 - 42.9 29 39 2 3 1 2 2 27 36

38. 43.0 - 54.9 8 14 1 1 1 1 7 13

39. 55.0 - 69.9

40. 70.0 PLUS 1 1

AD

MIN

ISTR

ATI

VE

SUPPO

RT

41. $ 0.1 - 15.9

42. 16.0 - 19.9

43. 20.0 - 24.9 3 14 1 4 1 2 2 2 10

44. 25.0 - 32.9 35 90 8 5 3 5 5 27 85

45. 33.0 - 42.9 17 82 2 3 1 1 2 1 15 79

46. 43.0 - 54.9

47. 55.0 - 69.9

48. 70.0 PLUS

SKIL

LED

CRA

FT

49. $ 0.1 - 15.9

50. 16.0 - 19.9

51. 20.0 - 24.9

52. 25.0 - 32.9

53. 33.0 - 42.9 79 3 4 3 1 75 3

54. 43.0 - 54.9 155 2 5 4 1 150 2

55. 55.0 - 69.9 1 1

56. 70.0 PLUS

SERVIC

E/M

AIN

TEN

AN

CE

57. $ 0.1 - 15.9

58. 16.0 - 19.9

59. 20.0 - 24.9 5 4 1 3 1 3 4 1

60. 25.0 - 32.9 115 4 7 1 1 5 1 1 108 3

61. 33.0 - 42.9 195 2 6 5 1 189 2

62. 43.0 - 54.9

63. 55.0 - 69.9

64. 70.0 PLUS

65. TOTAL FULL TIME(Lines 1-64)

1526 473 76 32 13 4 56 25 1 6 3 1450 441

18

2. OTHER THAN FULL-TIME EMPLOYEES (including temporary employees)

JOB CATEGORIES

TOTALEMPLOYEES

TOTALMINORITIES

BLACK HISPANIC


ASIAN ORPACIFIC

ISLANDERWHITE


66. OFFICIALS/ADMINISTRATORS

67. PROFESSIONALS 3 4 3 4

68. TECHNICIANS 14 11 1 1 1 1 13 10

69. PROTECTIVE SERVICE

70. PARAPROFESSIONAL 15 27 2 2 2 2 13 25

71. ADMINISTRATIVE SUPPORT 24 31 1 1 1 1 23 30

72. SKILLED KRAFT

73. SERVICE/MAINTENANCE 26 10 1 1 26 9

74. TOTAL OTHER THAN FULL TIME

(LINES 66-73)

82 83 4 5 2 2 4 1 78 78

3. NEW HIRES DURING FISCAL YEAR - Permanent full time onlyOctober 1 - September 30, 2008



77. TECHNICIANS 6 2 6 2

78. PROTECTIVE SERVICE 16 2 16 2

79. PARAPROFESSIONAL 18 7 18 7

80. ADMINISTRATIVE SUPPORT 7 32 4 3 2 2 2 1 3 29

81. SKILLED KRAFT 18 18 36

82. SERVICE/MAINTENANCE 65 6 5 1 5 1 60 5

83. TOTAL NEW HIRES

(LINES 66-73)

140 54 9 4 2 2 7 1 1 131 86

19

2. Summary of WYDOT Affirmative Action Parity

Affirmative Action parity goals are set for the entire state as one employer. EachEEO category is further broken down and given parity goals. Hiring managers shouldemphasize underrepresented areas during recruiting, hiring, retention, and promotionopportunities. The department’s overall parity and representation data as ofSeptember 30, 2008, is summarized below:

These summaries focus on the department’s progress on affirmative action foremployment over the past year, 2007-08, and provide insight into current workforcestrengths and weaknesses. This particular Affirmative Action Plan is the basis bywhich WYDOT intends to build a workforce devoid of adversity, weaknesses, anddeficiencies. Previous Title VII accomplishments are used as comparison criteria;however, previous data was not correctly categorized and is provided for comparisonpurposes only.

Total Overall Workforce Parity

EEO CategoryWyoming

Parity

%

Current

WYDOT

%

2008

Current CountUnder/Over

GoalFemale

EEO A: Officials 29.4% 11.9% 5 of 42 Total -7

EEO B: Professionals 14.4% 26.5% 99 of 374 Total 45

EEO C: Technicians 5.9% 19.5% 86 or 442 Total 60

EEO D: Protective Service 21.5% 4.8% 9 of 187 Total -31

EEO E: Paraprofessional 45.8% 49.3% 73 or 148 Total 5

EEO F: Admin. Support 67.4% 77.2% 186 of 241 Total 23

EEO G: Skilled Craft Workers 3.0% 2.1% 5 of 235 Total -2

EEO H: Maintenance 13.9% 3.2% 10 of 315 Total -33

20

Minority Wyoming

Parity

%

Current

WYDOT

%

2008

Current Count Under/Over

Goal

EEO A: Officials 5.3% 7.1% 3 of 42 Total 1

EEO B: Professionals 4.2% 4.0% 15 of 374 Total at parity

EEO C: Technicians 9.1% 6.3% 28 of 442 Total -12


EEO E: Paraprofessional 7.0% 6.8% 10 of 148 Total at parity

EEO F: Admin. Support 6.5% 9.5% 23 of 241 Total 7



21

C. Women and Minorities as Officials/Administrators

Underrepresentation of women within the upper levels of management continues to be aconcern. Currently, employment statistics indicate that out of the 42 employees in theAdministrators/Officials category, 5 are female and 3 are minorities.

Accomplishments and/or Barriers include the following:

Historically positions within the Administrative category have been filled byindividuals that have come up through the organization. It has been within the past10 years, primarily in the non-engineering classifications, that women and minoritieshave been hired or promoted into these positions. Currently, these positions havenot been vacated and opportunities to actively recruit female and minorityrepresentation is a paramount concern. Qualified applicants are actively beingsought as vacancies come available.

Table 1. Women and Minorities in Administration

*Note:Employment data prior to 2008 is not accurate because employees were classified incorrectly.

Previous data will be used as informational only.

EEO CategoryParity

%

Current

%

2008


GoalFemale

EEO A: Officials/Administrators 29.4% 11.9% 5 of 42 Total -7

Minority

EEO A: Officials/Administrators 5.3% 7.1% 3 of 42 Total +1

The table above reflects the percentage of the female and minority Administrative workforce in all salary ranges 20-70 plus.Accomplishments are indicated for 2007 and 2008, and goals are established through 2011.

22

D. Women and Minorities in Professional Categories

Within the Professional category, WYDOT has successfully employed women andminorities and has exceeded parity goals established for this particular category. Currently,employment statistics indicate that out of the 374 employees in the Professional category,99 are female and 15 are minorities.


Female participation within the Professional category has exceeded both goals andparity requirements. Minority utilization since 2007 has been emphasized, and thedepartment currently has attained its goals and has satisfactorily addressed paritywithin the category. With the growing energy market within the state, emphasis hashad to be placed within this category to satisfy the professional requirements andto maintain a highly capable workforce.

Table 2. Women and Minorities in Professional Positions

*Note: Employment data prior to 2008 is not accurate because employees were classified incorrectly.Previous data will be used as informational only.

EEO CategoryParity

%

Current

%

2008


GoalFemale

EEO B: Professionals 14.4% 26.5% 99 of 374 Total +45

Minority

EEO B: Professionals 4.2% 4.0% 15 of 374 Total at parity

The table above reflects the percentage of the female and minority Professional workforce in all salary ranges 20-70 plus.Accomplishments are indicated for 2007 and 2008, and goals are established through 2011.

23

E. Women and Minorities in Technical Categories

Presently, female employment and representation have exceeded the department’s goaland parity requirements. However, minority representation within the Technicalclassifications has not met or exceeded the parity goals within the category. Currently,employment statistics indicate that out of the 442 employees within the Technicalcategories, 86 are female and 28 are minorities.


WYDOT is competing with the private/industrial sector for technical personnel wherestarting pay exceeds what WYDOT can offer individuals. Additionally, Wyoming iscurrently in an “energy boom,” so the available technical workforce is beingabsorbed by the oil and mineral industries, and unemployment rates of 3.0 percenthave challenged the department’s recruitment resources. WYDOT has had to adaptand become creative in its recruitment processes. Recruiting for the Technicalclassifications is continuously emphasized.

Table 3. Women and Minorities in Technical Positions


EEO CategoryParity

%

Current

%

2008


GoalFemale

EEO C: Technicians 5.9% 19.5% 88 or 442 Total +60

Minority

EEO C: Technicians 9.1% 6.3% 28 of 442 Total -12

The table above reflects the percentage of the female and minority Technical workforce in all salary ranges 20-70 plus.Accomplishments are indicated for 2007 and 2008, and goals are established through 2011.

24

F. Women and Minorities in the Protective Service Categories

Both women and minorities are underrepresented within the Protective Service categories.Currently, employment statistics indicate that out of the 187 employees in this category,9 are female and 2 are minorities.


Although a concern, participation of both women and minorities has beenunattainable. Geographical placement, independent working requirements, culturalnecessities, and pay are all considerations for the under-utilization of these groups.Continual emphasis in the area of minority and female participation is an ongoingprocess.

Table 4. Women and Minorities in Protective Services Positions


EEO CategoryParity

%

Current

%

2008


GoalFemale


Minority


The table above reflects the percentage of the female and minority Protective Service workforce in all salary ranges 20-70 plus.Accomplishments are indicated for 2007 and 2008, and goals are established through 2011.

25

G. Women and Minorities in Paraprofessional Categories

The employment of women and minorities within the Paraprofessional categories can beattributed to the physical locations where available positions exist. Currently, employmentstatistics indicate that out of the 148 employees in these categories, 73 are female and 10are minorities.


Female participation within the Paraprofessional category has exceeded both goalsand parity requirements. Minority utilization since 2007 has been emphasized, andcurrently, the department has attained its goals and has satisfactorily addressedparity within the category. With the growing energy market within the state,emphasis has had to be placed on this category to satisfy technical requirementsand to maintain a highly capable workforce.

Table 5. Women and Minorities in Paraprofessional Positions


EEO CategoryParity

%

Current

%

2008


GoalFemale

EEO E: Paraprofessional 45.8% 49.3% 73 or 148 Total +5

Minority

EEO E: Paraprofessional 7.0% 6.8% 10 of 148 Total at parity

The table above reflects the percentage of the female and minority Paraprofessional workforce in all salary ranges 20-70 plus.Accomplishments are indicated for 2007 and 2008, and goals are established through 2011.

26

H. Women and Minorities in Administrative Support Categories

Women and minorities within the Administrative Support classifications can be attributedto physical locations where available positions exist. Currently, employment statisticsindicate that out of the 241 employees in Paraprofessional positions, 186 are female and23 are minorities.


Female participation within the Administrative Support category has exceeded bothgoals and parity requirements. Minority utilization since 2007 has been emphasized,and currently, the department has attained its goals and has satisfactorilyaddressed parity within the category. With the growing energy market within thestate, emphasis has had to be placed on this category to satisfy professionalrequirements and to maintain a highly capable workforce.

Table 6. Women and Minorities in Administrative Support Positions


EEO CategoryParity

%

Current

%

2008


GoalFemale

EEO F: Admin. Support 67.4% 77.2% 186 of 241 Total +23

Minority

EEO F: Admin. Support 6.5% 9.5% 23 of 241 Total +7

The table above reflects the percentage of the female and minority Administrative Support workforce in all salary ranges 20-70 plus.Accomplishments are indicated for 2007 and 2008, and goals are established through 2011.

27

I. Women and Minorities in Skilled Crafts Categories

Both women and minorities were underrepresented within the Skilled Crafts for fiscal year2008. Currently, employment statistics indicate that out of the 235 people in Skilled Craftspositions, 5 are female and 9 are minorities.


WYDOT is competing with the private/industrial sector for skilled personnel wherestarting pay exceeds what WYDOT can offer. The state is currently experiencing an“energy boom,” and the available skilled workforce is being absorbed by the oil andmineral industry. Currently, Wyoming’s unemployment rate of 3.0 percent haschallenged WYDOT’s recruitment resources and has required the department tobecome creative in its recruitment processes. Also, the skilled workforce is rapidlyapproaching retirement age, and qualified personnel are not available in the skilledclassifications to replace them. Recruitment for the technical classifications isongoing.

Table 7. Women and Minorities in Skilled Crafts Positions


EEO CategoryParity

%

Current

%

2008


GoalFemale


Minority


The table above reflects the percentage of the female and minority Skilled Crafts workforce in all salary ranges 20-70 plus.Accomplishments are indicated for 2007 and 2008, and goals are established through 2011.

28

J. Underrepresented Area: Women and Minorities in Service/

Maintenance Categories

As with the Skilled Crafts categories for 2008, women and minorities within theService/Maintenance classifications are underutilized. Currently, employment statisticsindicate that out of the 315 people employed in Service/Maintenance positions, 10 arefemale and 18 are minorities.


As with the Skilled Craft categories, WYDOT is competing with the private/industrialsector for Service/Maintenance personnel. The lack of available personnel,competitive pay issues, and an unemployment rate of 3.0 percent have taxed thedepartment’s ability to attract applicants. Historically, female participation in thiscategory has been lower than for males. Normally, these are entry level positionsand provide opportunities for promotion and advancement into the higher levels ofthe organization.

Table 8. Women and Minorities in Service/Maintenance Positions


EEO CategoryParity

%

Current

%

2008


GoalFemale


Minority


The table above reflects the percentage of the female and minority Service and Maintenance workforce in all salary ranges 20-70 plus.Accomplishments are indicated for 2007 and 2008, and goals are established through 2011.

29

K. New Hires: Women and Minorities

JOB CATEGORIES

TOTALEMPLOYEES

TOTALMINORITIES

BLACK HISPANIC


ASIAN ORPACIFIC

ISLANDERWHITE






79. PARAPROFESSIONAL 18 7 18 7

80. ADMINISTRATIVE SUPPORT 7 32 4 3 2 2 2 1 3 29

81. SKILLED KRAFT 18 18

82. SERVICE/MAINTENANCE 65 6 5 1 5 1 60 5

83. TOTAL NEW HIRES

(LINES 75-83)

140 54 9 4 2 2 7 1 1 131 50

Table 9. New Hires: Women and Minorities

WYDOT hired 8.8 percent of its overall workforce in fiscal 2008. A total of 131males, 50 females, 9 minority males, and 4 minority females were hired within theEEO categories, which included Professionals, Technical, Protective Services,Paraprofessional, Administrative Support, Skilled Crafts, and Service/Maintenance.

30

In the Professional category, a total of 15 employees were hired: 10 non-minoritymales and 5 non-minority females.

In the Technical category, eight individuals were hired: six non-minority males andtwo non-minority females.

In the Protective Services category, 18 employees were hired: 16 non-minoritymales and 2 non-minority females.

In the Paraprofessional category, 25 new employees were hired: 18 non-minoritymales and 7 non-minority females.

In the Administrative Support category, a total of 39 employees were hired, of which7 were minorities (4 males and 3 females). The remaining 32 employees werecomprised of 29 non-minority females and 3 males.

In the Skilled Crafts category, 18 non-minority males were hired.

In the Service/Maintenance category, a total of 71 employees were hired, of which6 were minorities (5 males and 1 female). The remaining 65 employees were non-minority and were represented by 60 males and 5 females.

31

L. Promotion Accomplishments and Analysis

PROMOTIONS DURING FISCAL YEAR 2008

JOB CATEGORIES

TOTALEMPLOYEES

TOTALMINORITIES

BLACK HISPANIC


ASIAN ORPACIFIC

ISLANDERWHITE


84. OFFICIALS/ADMINISTRATORS 4 1 4 1


86. TECHNICIANS 32 12 3 2 1 29 12


88. PARAPROFESSIONAL 4 10 1 1 4 9

89. ADMINISTRATIVE SUPPORT

90. SKILLED CRAFT 29 1 1 1 28 1

91. SERVICE/MAINTENANCE 8 1 1 7

92. TOTAL PROMOTIONS

(LINES 84-91)

100 35 6 1 1 4 1 1 94 34

Table 10. Promotions: Women and Minorities

During Fiscal Year 2008, WYDOT promoted 6.1 percent of the overall workforce.Promotions were received by 35 females and 7 minorities and involved theOfficials/Administrators, Professional, Technical, Protective Service,Paraprofessional, Skilled Craft, and the Service/Maintenance EEO categories.

32

In the Officials/Administrators category, four four non-minority males and one non-minority female were promoted.

In the Professional category, 32 individuals were promoted: 21 non-minority malesand 11 non-minority females.

In the Technical category, 44 individuals received promotions: 29 non-minoritymales, 12 non-minority females, and 3 minority males.

In the Protective Services category, two males received promotions: One non-minority male and one minority male.

In the Paraprofessional category, 14 individuals received advancements: 4 non-minority males, 9 non-minority females, and 1 minority female.

In the Skilled Craft category, 28 non-minority males, 1 minority male, and 1 non-minority female were promoted.

In the Service/Maintenance category, eight individuals received advancements:seven non-minority males and one minority male.

The only area in which there were no advancements was in the AdministrativeSupport category. Many times these areas are filled with temporary or at-willpersonnel and advancement only comes when there is available positions in othercategories.

33

M. Terminations - (Permanent Full-time)

TERMINATIONS (PERMANENT FULL-TIME) FISCAL YEAR 2008

JOB CATEGORIES

TOTALEMPLOYEES

TOTALMINORITIES

BLACK HISPANIC


ASIAN ORPACIFIC

ISLANDERWHITE


84. OFFICIALS/ADMINISTRATORS 3 1 3 1


86. TECHNICIANS 10 6 1 1 10 5

87. PROTECTIVE SERVICE 9 9



90. SKILLED KRAFT 28 28

91. SERVICE/MAINTENANCE 63 6 7 1 6 56 6

92. TOTAL TERMINATIONS

(LINES 84-91)

155 61 9 3 1 1 7 2 1 146 58

Table 11. Terminations: Overall Workforce (Permanent Full-Time)

During fiscal year 2008, WYDOT’s full-time hourly terminations accounted for 9.7percent of the total available workforce within the organization. Terminations totaled216 employees, of which 61 were females and 12 were minorities (9 male and 3females), across all of the EEO categories.

34

Terminations within the Officials/Administrators categories included threeretirements and one termination.

Within the Professional category, 36 employees separated service with WYDOT.They included 7 retirements, 2 resignations, 4 relocations/transfers, 21undetermined separations, and 2 individuals who failed probation.

Technical categories had 16 terminations: 10 retirements, 3 other/personalseparations, and 3 individuals failed their probationary period.

Within the Protective Service category, nine individuals separated service: Tworetired, six left because of other/personal reasons, and one was terminated.

In the Paraprofessional category, 20 people separated service: 1 retirement, 1resignation, 12 other/personal reasons, 4 probationary releases, and 2 terminations.

Administrative Support categories experienced separations from 34 people: 6retired, 1 resigned, 3 took transfers, 18 separated for other/personal reasons, 5were released because of probationary reasons, and 1 was terminated.

Within the Skilled Craft category, 28 individuals separated service: 7 retired, 3resigned, 13 left for other/personal reasons, 4 did not complete their probationaryperiod, and 1 was terminated.

Within the Service/Maintenance categories, 69 employee separations occurred: 8retired, 4 resigned, 4 transferred to another area, 41 left for other/personal reasons,8 failed their probationary period, and 4 were terminated.

Overall, males experienced the greatest percentage of separations with 71.7 percent.Females accounted for 28.2 percent of all separations, and minorities experience the leastat 5.5 percent.

35

N. Terminations - Temporary Workforce (Seasonal and At-Will)

TERMINATIONS-TEMPORARY (SEASONAL & AT-WILL) FISCAL YEAR 2008

JOB CATEGORIES

TOTALEMPLOYEES

TOTALMINORITIES

BLACK HISPANIC


ASIAN ORPACIFIC

ISLANDERWHITE





87. PROTECTIVE SERVICE



90. SKILLED KRAFT

91. SERVICE/MAINTENANCE 57 13 2 2 55 13

92. TOTAL TERMINATIONS

(LINES 84-91)

120 76 4 4 1 2 2 2 1 116 72

Table 12. Terminations of Seasonal and At-Will Employees:

During fiscal year 2008, WYDOT terminated 196 temporary and at-will employees,which accounted for 8.8 percent of the total available workforce. In the Professional,Technical, Paraprofessional, Administrative Support, and Service/Maintenancecategories, 120 males, 76 females, and 8 minorities (4 males and 4 females) wereterminated.

36

Within the Professional category, five employees separated service with WYDOT.All of the five employees were contract employees and were considered temporaryat-will.

Technical categories had six terminations. As with the Professional category, all ofthe six employees were contract employees and were considered temporary at-will.

Of those in the Paraprofessional category, 42 were terminated. They included 1transfer into a permanent position, 3 other/personal separations, 2 probationaryreleases, 2 terminations, and 34 temporary at-will separations.

Administrative Support categories saw 73 separations. Of these, 7 individualsseparated for other/personal reasons, and the remaining 66 were separatedbecause of their at-will status.

Within the Service/Maintenance categories, 70 separations occurred. Of these, 3employees left for other/personal reasons, 1 failed the probationary period, and theremaining 66 were at-will employees and were terminated.

37

O. Current Organizational Structure and Employment by Division

38

Table 13. Employment by Division: Women and Minorities

Division

TotalEmployment

Sex

MinorityActual FemaleRepresentation

Rate

AverageFemaleParityRate

Actual MinorityRepresentation

Rate

AverageMinority

ParityRate

M F

Director 19 6 13 1 68.4% 21.9% 5.3% 4.8%

Aeronautics 19 13 6 1 31.6% 22.0% 5.3% (at parity) 6.8%

Patrol 362 232 130 17 35.9% 21.5% 4.7%(-4 employees)

5.9%

Chief Engineer 971 892 79 32 8.1% 7.6% 3.4%(-52 employees)

8.7%

Planning 315 254 61 18 19.4% 10.2% 5.7%(-3 employees)

6.7%

Operations 236 154 82 29 34.7% 22.5% 12.3% 6.8%

Supportive Svc. 150 40 110 16 73.3% 33.4% 10.7% 6.5%

Total 2072 1591 481 114 23.2% 19.9% 6.7% 6.6%

An average parity rate was established for each of the seven divisions within WYDOT. Therate was established by determining what categories pertained to each of the divisions anddividing them by the total number of categories to establish the average parity.

Female representation for 2008 met or exceeded the average parity rates and was 3.3percent more than the overall average parity of 19.9 percent.

Minority representation satisfied the average parity rate of 6.6 percent by .01 percent.However, when broken down into specific divisions, minority representation within thePatrol, Chief Engineer, and Planning divisions was unable to satisfy the specific parity ratesestablished. The Aeronautics Division accomplished a 5.3 percent representation, andwhen computed, parity has been accomplished.

39

Satisfying the minority representation within the Patrol, Chief Engineer, and Planningdivisions has been complicated by an extremely low unemployment rate of 3.0 percent andby an extremely competitive compensation market. WYDOT is having to compete with theprivate sector for qualified applicants and is finding it difficult to recruit individuals for lesscompensation than that offered outside of state government. Additional emphasis needsto be placed across the board in the following areas in an attempt to attract qualifiedapplicants:

Intensify recruitment resources within the Wyoming boundaries in an attempt toattract minority and female applicants.

Encourage referrals from WYDOT’s existing workforce.

Visit colleges and vocational schools within the geographical area.

Participate in “career day” opportunities.

Encourage new philosophies on how to attract and promote governmentemployment through WYDOT’s current employment workforce.

Q. Training, Education, and Development - Education Overview

A healthy and respectful work environment is essential for good employee morale,retention, and productivity. As WYDOT develops, the need for awareness and mutualrespect increases. Workforce education is a continuous process with the threefoldobjective of improving the internal work environment, improving the inclusiveness ofunderrepresented persons in WYDOT’s employment community, and improving customerservice to a growing and diverse customer base.

The department provides orientation for all new employees and new supervisoryemployees every other month during the year. The orientation lasts three and a half daysand is presented by the Training Program. During orientation, a member of the HumanResources Program gives an overview of the equal employment opportunity, workplaceharassment, grievance, complaint, and workplace investigation policies; identifies thedepartment’s affirmative action representatives; and shows a summary video on workplaceharassment. The attendees are also provided with a handout that covers everything on thevideo. In addition, they are required to sign an acknowledgment that they have beeninformed about the department’s EEO-related policies. New employees are provided withdocumental materials and are also given a tour of the Headquarters Office in Cheyenne.

The department continues to participate in numerous career fairs and student informationsessions throughout the Rocky Mountain area. Career fairs and information sessions aredirected primarily at engineering graduates who might be interested in employment withthe department.

40

In an effort to keep training content fresh and current, classes on workplace harassment,discrimination, multi-generational workforce, and the effects of upcoming workforces onthe current organization are recommended. WYDOT’s ability to track and documentparticipation in these training programs is essential in order to determine which trainingprograms benefit the organization and its employees.

Table 14. Training: Overall Workforce

The table below reflects the number of employees trained in “WorkplaceHarassment and Discrimination” during the 2008 fiscal year. Results are alsovisually depicted by EEO categories in the “Workplace Harassment andDiscrimination Training” graph below. The protective services category is notincluded in the following chart because anti-discrimination training is provided at theWyoming Law Enforcement Academy.

Attendance FY 2008

FiscalYear

EEO Categories

TotalEnrollees

Officials/ Admin.

Professional Tech. Paraprof. AdministrativeSupport

SkilledCraft

Service/Maintenance

2008 2432 39 31 11 59 38 63

0.8% 16.1% 12.8% 4.5% 24.3% 15.6% 25.9%

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R. Accomplishments

WYDOT began implementing a number of activities during the 2007 fiscal year. Trainingand workforce development remain a focal point, as is the recruitment, selection, andretention of a well-trained workforce. Several highlights include the following:

• Overall, staff retention continues to be a focus. Exit interviews provided by the Stateof Wyoming’s Administration and Information offices indicate that retirements werethe primary reason for staff leaving state employment. There is no information thatwould indicate negative workplace factors as an area of concern.

• WYDOT’s Human Resources Program is instrumental in participating in a numberof recruitment programs focusing on employment opportunities at colleges anduniversities statewide. Institutions of higher learning in neighboring states are alsobeing visited in an attempt to attract employees to shore up the employmentworkforce.

• WYDOT joined the Administration and Information office in an effort to facilitatepotential employees by implementing an electronic application system. Theseefforts have streamlined the approval process and have allowed examiners theability to preview the job experience and qualifications of a wider cross section ofapplicants.

• In June 2007, WYDOT underwent a program assessment of its civil rights program.In that assessment, it was recommended that WYDOT implement an organizationalrealignment and authorize a civil rights office to provide the leadership, guidance,and direction needed to implement all program requirements on a statewide basis.

• In January 2008, WYDOT developed a Civil Rights Program. Currently, the CivilRights Coordinator is involved in the rewrite of the Title VI, Title VII, and Title IIADA/504 requirements.

• The department’s division administrators, managers, and district engineers arerequired to read, route, and provide a copy of personnel policies to all staffmembers at least once annually. Included are policies covering the following topics:complaint and grievance, equal employment opportunity, workplace harassment,and workplace violence.

• Title VII reviews are to be conducted on each of the department’s divisions and fivedistrict offices. A final report is to be written and provided to WYDOT’s executivestaff in January.

• The department provides orientation for all new employees and new supervisoryemployees every other month during the year. The orientation lasts three and a halfdays and is presented by the Training Program. A member of the HumanResources Program or the Civil Rights Program gives an overview of the equalemployment opportunity, workplace harassment, grievance and complaint, and

42

workplace harassment policies; identifies the department’s affirmative actionrepresentatives; and shows a summary video on workplace harassment. Theattendees are also provided a handout that covers everything on the video.Additionally, the attendees are required to sign an acknowledgment that they havebeen informed about the department’s EEO-related policies. New employees areprovided documental materials and are given a tour of the Headquarters offices inCheyenne.

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Section V: 2008-2011 Goals and Strategies

A. Goals

The five-year trend depicted in the tables in Section IV of this document indicates theoverall demographic composition of WYDOT’s workforce has not changed significantlytoward the goal of reflecting the changing demographics of the state. Given the increaseof the average age of the workforce, significant challenges face WYDOT in retainingbusiness and institutional knowledge and expertise within its ranks.

The 2007-2011 Affirmative Action Plan (AAP) will continue to focus on the four majorgoals:

Women in management

Minorities in positions as technicians

Women and minorities in Protective Services positions

Women and minorities in Skilled Craft and Maintenance positions

Affirmative action will be measured at the department level in the following four areas:

WYDOT Affirmative Action Strategies and Measurements

Strategy/Measure Employment & Diversity Accountability

Strategy #1

Advertising and marketing WYDOTcareer opportunities to multi-generational communities.

Provide an annual marketing plan,schedule career fairs, civic events,etc., to promote WYDOT careeropportunities.

Support outreach events, scheduleschool/civic/community events inlocal vicinity with managementvolunteers and employees.

Strategy #2

Education of workforce. Schedule educational classes ondiversity, workplace harassment, anddisability awareness. Offer technicalassistance to managers.

Attend classes. Schedule employeesto attend classes. Support andreinforce WYDOT policies andeducation principles.

Strategy #3

Retention - Equity, equality, andeconomic opportunity in careeradvancement opportunities.

Report on department’s retentionprogress annually.

Encourage career developmentw/minority and female employees.Offer development opportunities.Retain and promote qualifiedemployees.

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Strategy #4

Recruitment and selection. Provide hir ing managers withadvertising and marketing strategies,behavioral interview training, andtechnical assistance for theirunderrepresented positions.

Encourage employees to recruitqualified people to apply.

Ensure interview panels areinclusive of gender, generational,and ethnic diversity.

Provide equal employmentopportunities to all applicants. Hireaffirmative action candidates whenthey are the best qualified.

Success of affirmative action will be measured in terms of the following:

Establishing a work environment that attracts and welcomes a diverse applicantpool. (Strategy #1, #2, and #4. Outcome - Increased number of minority and femalecandidates.)

An increase in qualified minorities and females. (Strategy #4. Outcome -Department-wide growth of hiring trends in the next two biennia.)

Retention and advancement of qualified minorities and females. (Strategy #3.Outcome - Department-wide growth of promotion trends and decrease of minorityand female resignation and transfer rates over the next two biennia.)

Accountability: All managers with supervisory responsibilities will be encouraged toevaluate their responsibility on affirmative action efforts for any vacancies withintheir respective programs. (Outcome - Managers become more responsible forminority and female employment within their respective programs.)

WYDOT has developed this affirmative action plan to provide equal employmentopportunities for all persons. The plan commits the department to do more than practicenon-discrimination in employment. It includes a set of goals, policies, strategies, andactions intended to ensure WYDOT’s workforce is representative of the communities itserves.

B. Strategies

Promote Community and Public Outreach:

Identify qualified job candidates through the Human Resource Applicant System.

Participate in local job fairs.

Identify industrial and professional associations.

Mail job announcements to a diverse group of recruitment sources that traditionallyprovide outreach to women and minority groups.

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Network with professional associations and career planning groups to better marketWYDOT as a destination employer–someplace job candidates seek out as anemployer.

Use existing regional workforce alliances and advisory committees to create interestin employment with WYDOT.

Conduct job applicant orientation sessions to help inform and assist thoseinterested in seeking employment with WYDOT.

Management Practices:

Conduct regular performance evaluations.

Measure affirmative action and equal employment opportunity activities.

Promote an environment of respect and professionalism.

Track the department’s success.

Improve general awareness of the state transfer list and how it can promote careergrowth.

Training and Development:

Identify and use external training programs. Identify and share good programs.

Offer financial and scheduling support for degree completion and tuitionreimbursement programs.

Provide intern summer employment for college level students.

Consider high school or college summer internships in the construction andmaintenance programs.

Marketing - Promote WYDOT as an Employer of Choice by:

Marketing working hours, conditions, benefits, and stability afforded to publicemployees.

Marketing the service- (not profit-) oriented business aspect of working for WYDOT.

Marketing the overall benefits of public service and making a positive difference inthe environment.

Promote statewide career opportunities.

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C. Five Year Hiring Goals by Categories

OFFICIALS &ADMINISTRATORSCalendar Year

TOTALEMPLOYEES

TOTALMINORITIES

BLACK HISPANIC


ASIAN ORPACIFIC

ISLANDERWHITE


2007 1 1

2008 1 1

2009 2 2

2010 2 2

2011 2 2

TECHNICAL

TOTALEMPLOYEES

TOTALMINORITIES

BLACK HISPANIC


ASIAN ORPACIFIC

ISLANDERWHITE


2007

2008 3 3 2 1

2009 3 3 1 2

2010 2 2 1 1

2011 2 2 1 1

PROTECTIVESERVICES

TOTALEMPLOYEES

TOTALMINORITIES

BLACK HISPANIC


ASIAN ORPACIFIC

ISLANDERWHITE


2007

2008 2 5 2 5 1 1 5

2009 1 5 1 5 1 5

2010 4 10 4 10 1 2 1 10

2011 2 10 2 10 1 1 10

ADMINISTRATIVESUPPORT

TOTALEMPLOYEES

TOTALMINORITIES

BLACK HISPANIC


ASIAN ORPACIFIC

ISLANDERWHITE


2007 5 5

2008

2009

2010

2011

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SKILLED CRAFT

TOTALEMPLOYEES

TOTALMINORITIES

BLACK HISPANIC


ASIAN ORPACIFIC

ISLANDERWHITE


2007 8 8 5 3

2008 2 1 2 1 1 1

2009 2 1 2 1 1 1

2010 2 2 1 1

2011 2 2 2

SERVICE &MAINTENANCE

TOTALEMPLOYEES

TOTALMINORITIES

BLACK HISPANIC


ASIAN ORPACIFIC

ISLANDERWHITE


2007 2 2

2008 1 14 1 1 14

2009 2 6 2 1 1 6

2010 4 6 4 1 2 1 6

2011 4 6 4 1 1 1 1 6

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Section VI: Title VI Complaint Process

A. Scope of Title VI Complaints

The scope of Title VI covers all external Wyoming Department of Transportation activities.Adverse impacts resulting in Title VI complaints can arise from many sources, includingadvertising, bidding, and contracts.

Complaints can originate from individuals or firms alleging inability to bid on or obtain acontract with WYDOT for furnishing goods and/or services. Examples include advertisingfor bid proposals; prequalification; qualification; bid proposals and awards; selection ofcontractors, subcontractors, material and equipment suppliers, lessors, vendors,consultants, fee appraisers, universities, etc.; and funding allocation (Federal TransitAdministration).

Complaints can originate as a result of impacts from projects or by individuals or groups.Some examples of impacts include the following: social and economic, traffic, noise, airquality, access, accidents, and failure to maintain facilities.

B. Title VI Public Notice Process

The Wyoming Department of Transportation’s Title VI Policy, as outlined in the Title VI andNondiscrimination Program, has provided assurances for the protection of the generalpublic, and through the public notice process, affords the general public an opportunity toformally comment to the department with regard to agency activities. Public notices relatingto WYDOT Title VI complaint procedures must be made available to the general public.Accommodations for those that have a limited proficiency of the English language willprovide assistance through a Limited English Proficiency program (LEP) to ensure theirability to participate in the process. A public notice must contain the following criteria at aminimum:

1. WYDOT assurance of compliance with Title VI of the Civil Rights Act of 1964and departmental policy concerning non-discrimination in all WYDOTactivities.

2. Public right to file complaints.

3. A 180-day time limit for filing of complaints

4. Complaint filing procedure.

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C. Formal Title VI Complaint Procedure

The Wyoming Department of Transportation’s Title VI Policy, as outlined in the Title VI andNondiscrimination Program, assures that no person or group of persons shall, on thegrounds of race, color, sex, age, national origin, or disability/handicap, be excluded fromparticipation in, be denied the benefits of, or be otherwise subjected to discrimination underany and all programs, services, or activities administered by the department, its recipients,subrecipients, and contractors. In addition, Executive Order 12898 (Environmental Justice)prohibits discrimination based on income status.

The department uses the following detailed, internal procedures for prompt processing andresolution of all Title VI complaints received directly by any of its divisions or districtshaving responsibilities under Title VI and the related nondiscrimination statutes. Theseprocedures include but are not limited to the following:

1. Any person or groups of persons who believe they have been aggrieved byan unlawful discriminatory practice under Title VI may individually, or througha legally authorized representative, make and sign a complaint and file thecomplaint with the Wyoming Department of Transportation’s Title VI LiaisonOfficer. Allegations received do not have to use the key words “complaint,”“civil rights,” “discrimination,” or their near equivalents. It is sufficient if suchallegations imply any form of unequal treatment in one or more of thedepartment’s programs for it to be considered and processed as anallegation of a discriminatory practice.

2. The complaint must be filed, in writing, no later than 180 calendar days afterthe date of the alleged discrimination. The department’s Title VI ComplaintForm must be used.

3. Upon receipt of a Title VI complaint, the Title VI Liaison Officer immediatelyadvises the department’s Director of the complaint. The Director confers withthe appropriate program administrator and program manager, the HumanResources Manager, and the Title VI Liaison Officer to determine a courseof action. Possible courses of action may include but are not limited to thefollowing:

a. Title VI complaints filed directly against the department are referredto the Federal Highway Administration (FHWA) Division Office forprocessing.

b. Title VI complaints filed against department recipients andsubrecipients (e.g., contractors, subcontractors, material andequipment suppliers, lessors, vendors, consultants, fee appraisers,universities, etc.) are processed and resolved by the departmentthrough the following:

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(1) Remedial action by department management.

(2) Formal investigation by a team of department investigators.

(3) Formal investigation by an outside investigator.

(4) Informal hearing with all parties to the complaint present.

c. The Director reviews and determines the appropriate action regardingevery complaint. The department will not proceed with or continue acomplaint investigation if any of the following is applicable:

(1) The complaint is, on it face, without merit.

(2) The same allegations and issues of the complaint have beenaddressed in a recently closed investigation or by previousfederal court decisions.

(3) The complainant’s or injured party’s refusal to cooperate(including refusal to give permission to disclose his or heridentity) has made it impossible to investigate further.

d. If an investigation is to be initiated, the Director will designate aspecific program administrator to whom the investigation team willreport in order to facilitate communication with the Director. Theprogram administrator and program manager will confer with the TitleVI Liaison Officer and Human Resources Manager or designee toestablish guidelines for the investigation team. The Title VI LiaisonOfficer is instructed to appoint a team leader and an on-call teammember to conduct the investigation. The team leader apprises theprogram administrator of the team’s progress throughout theinvestigation.

e. The team leader determines the time frame in which the investigationshould be completed based on the date the complaint was filed. Theentire investigation process, including the submission of a finaldisposition report to the FHWA Division Office, is to be carried out ina period not to exceed 60 calendar days from the date the originalcomplaint was received by the department.

4. The Title VI Liaison Officer also notifies the FHWA Division Office within 10calendar days of receipt of the allegations. Generally, the followinginformation is included in the notification to FHWA:

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a. The Title VI Liaison Officer acknowledges receipt of the allegation(s)within 10 working days. A notification letter is sent to the complainantof the action taken or proposed action to be taken to process theallegation(s), and the complainant is advised of other avenues ofappeal available to him or her if he or she does not agree with thedecision. The notification letter will contain the following:

(1) The basis for the complaint.

(2) A brief statement of the allegation(s) over which thedepartment has jurisdiction.

(3) A brief statement of the department’s jurisdiction over therecipient to investigate the complaint; and

(4) An indication of when the parties will contacted.

b. Depending on the nature of the complaint, the complainant may go tothe following:

(1) Federal Highway Administration (FHWA)

(2) U.S. Department of Justice (USDOJ)

c. The filing of complaints with any of the above agencies must be withinthe appropriate jurisdictional time frame. Each agency must becontacted by the complainant for the specific appeal procedure thatmust be followed.

4. The Title VI Liaison Officer also notifies the FHWA Division Office within 10calendar days of receipt of the allegations. Generally, the followinginformation is included in the notification to FHWA:

a. Name, address, and phone number of the complaint.

b. Name(s) and address(es) of persons alleged to have been involvedin the act.

c. Basis of alleged discrimination (i.e., race, color, sex, age, nationalorigin, disability/handicap, or income status).

d. Date of alleged discriminatory act(s).

e. Date complaint was received by WYDOT.

f. A brief statement concerning the nature of the complaint.

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g. Other agencies (federal, state, or local) with which the complaint hasbeen filed.

h. An explanation of the actions WYDOT has taken or proposes to taketo resolve the issues raised in the complaint.

5. The investigation team leader notifies the District Engineer of the district inwhich the problem occurred that a complaint has been received. The teamleader identifies the members of the investigation team and accepts relevantcomments from the Resident Engineer.

6. The investigation team conducts an in-depth, personal interview with thecomplainant(s). Information gathered in this interview includes the following:identification of each complainant by race, color, sex, age, national origin,disability/handicap, or income status; name of the complainant; a completestatement concerning the nature of the complaint, including names, dates,places, and incidents involved in the complaint; the date the complaint wasfiled; and any other pertinent information the investigation team feels isrelevant to the complaint. The interviews are recorded either on audio tapeof by team member taking notes. The team arranges for the complainant toread, make necessary changes to, and sign the interview transcripts orinterview notes.

7. Following the interviews, the team leader develops a final report based onthe facts. The report contains the investigation team’s findings andconclusions concerning each issue raised in the complaint and may includerecommendations for corrective action. The report is completed with thecoordination and consultation of the department’s general counsel. Thereport is the last document prepared as part of the investigation. Any otheractions taken as a result of the investigation team’s findings and conclusionsare the responsibility of department management.

8. Normally, the complainant receives a letter from the Director detailing thefindings, conclusions, and any corrective action taken. All issues in thecomplaint are addressed.

9. The Director or his designee forwards the final report to the FHWA DivisionOffice. Included with the report is a copy of the complaint, copies of alldocumentation pertaining to the complaint, the date the complaint was filed,the date the investigation was completed, the disposition and date of thedisposition, and any other pertinent information.

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10. If the complaint cannot be resolved by the department to the satisfaction ofall parties concerned, the party not satisfied is advised of his or her right toappeal pursuant to Title 49, Code of Federal Regulations, Part 21. Theappeal must be filed, in writing, with the Secretary, U.S. Department ofTransportation, 400 Seventh Street, Southwest, Washington, D.C. 20590 nolater than 180 days after the date of the alleged discrimination, unless thetime for filing is extended by the Secretary. A complaint may be filed with theSecretary, U.S. Department of Transportation, before, during, or after thecomplaint has been filed with the Wyoming Department of Transportation.

D. Informal Title VI Complaint Procedure

1. Title VI complaints may be resolved by informal means. When informalmeans are used, the complainant is informed of his or her right to file aformal written complaint. Such informal attempts and their results aresummarized by the program area official, program manager, or a designeeand forwarded to the Title VI Liaison Officer.

2. Any complaint received in writing is considered to be a formal complaint andis handled under the formal complaint procedure outlined above.

3. The Title VI Liaison Officer periodically informs the FHWA Division Office ofthe status of all complaints.

4. When a complaint has been directly filed with another federal or stateagency, the Title VI Liaison Officer is to be informed by the agency where thecomplaint has been filed and is to coordinate any action needed by thedepartment to resolve the complaint.

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E. Title VI Complaint Form

Wyoming Department of Transportation, Civil Rights Program(Form PER-7 )

To access (Form PER-7) from the WYDOT web, go to the following:

http://www.dot._______________________________

This site is currently under development.

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PER-7Rev. 10/1/08

TITLE VI COMPLAINT FORMWyoming Department of Transportation / Civil Rights Program

PART I - COMPLAINANT INFORMATION (Print all items legibly.)

Name Telephone

Mailing Address

City State Zip Code

PART II - CAUSE OF DISCRIMINATION BASED ON (Check appropriate box/boxes)

Race Color Sex Age National Origin Disability Harassment (Sex or Other)

PART III - THE PARTICULARS ARE (Include names, dates, places, and incident involved in the complaint.)(If additional space is needed, attach extra sheet(s).)

PART IV - REMEDY SOUGHT (State the specific remedy sought to resolve the issue(s).)

PART V - VERIFICATIONComplainant’s Signature Date

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InstructionsGeneral

1. Under Title VI of the Civil Rights Act of 1964 and related statutes and regulations, no person or group(s)of persons shall, on the grounds of race, color, sex, age, national origin, and handicap or disability, beexcluded from participation in, be denied the benefits of, or be otherwise subjected to discriminationunder any and all programs, services, or activities administered by the Wyoming Department ofTransportation. Any person or group(s) of persons who feel they have been discriminated against mayfile a complaint.

2. Instructions provided within this form are not meant to be all inclusive. Complainants are responsible forall complaint and appeal procedural requirements.

3. Complainants must include all required information and must meet all time frames as defined in theWYDOT Title VI Complaint Procedure.

4. Legible copies of all available pertinent documentation should be attached to this form.

5. All inquiries should be directed to the Civil Rights Program, Wyoming Department of Transportation,5300 Bishop Blvd., Cheyenne, WY 82009, Telephone (307) 777-4268.

Part I

Complete all information in this section.

Part II

Check all boxes that apply indicating the basis for the complaint. The discrimination must be based on atleast one of the listed categories. In the case of sexual or other harassment, also check the appropriate boxindicating the basis for the harassment (race, sex, age, etc.).

Part III

State the specific complaint in a manner that clearly identifies the issues upon which the complaint is based.

Part IV

State the minimum remedy acceptable for resolution of this complaint.

Part V

Sign and date this section to verify the information contained in Parts I through IV.

Appeals

Discrimination complaints based on race, color, sex, age, national origin, and handicap or disability may befiled with or appealed to the Secretary, U. S. Department of Transportation, 400 Seventh Street, Southwest,Washington, D.C. 20590. The complaint and/or appeal must be filed, in writing, no later than 180 days afterthe date of the alleged discrimination, unless the time for filing is extended by the Secretary, U. S.Department of Transportation. A complaint may be filed with the Secretary, U. S. Department ofTransportation, before, during, or after the complaint has been filed with the Wyoming Department ofTransportation.

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Section VII: Limited English Proficiency

Executive ORDER 13166 implements Title VI of the Civil Rights Act of 1964 by requiringmeaningful access to all federally financially assisted programs and activities by persons withlimited English proficiency.

Limited English proficiency (LEP) is defined as “individuals who do not speak English as theirprimary language and who have limited ability to read, write, speak, or understand English.” LEPindividuals are entitled by EO 13166 to language assistance with respect to a particular type ofservice, benefit, or encounter. FHWA has mandated that “...recipients must take reasonable stepsto ensure that such persons have meaningful access to the programs, services, and informationthose recipients provide, free of charge....”

Options for WYDOT include the following:

• Multi-language flash cards that WYDOT could use to identify an individual’s language.Once the correct language is determined, an interpreter can be located.

• Using family members to interpret for LEP individuals.

• http://www.lep.gov should be accessed as statewide and district-wide LEP populations areidentified.

• Contract for deaf/hard of hearing services.

• Create and maintain a “WYDOT Interpreters List.”

Under U. S. Department of Justice guidance, WYDOT is obligated to determine the extent of itsobligation to provide LEP services. This determination requires a flexible and fact-dependentanalysis on a case-by-case basis of the following four factors:

1. The number or proportion of LEP persons serviced or encountered in the eligibleservice population.

2. The frequency with which LEP individuals come into contact with the program.

3. The nature and importance of the program, activity, or service provided by theprogram.

4. The resources available to the recipient and cost.

WYDOT enforces LEP in the same manner as Title VI. WYDOT will continue to monitor LEPrequirements both internally and in federal-aid reviews of local governments and contractors.

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Section VIII: Environmental Justice

Executive Order 12898, Federal Actions to Address Environmental Justice in MinorityPopulations and Low-income Populations (1994), was enacted to reinforce Title VI of the CivilRights Act of 1964.

The Civil Rights Act states, “No person in the United States shall, on the grounds of race, color,or national origin be excluded from participation in, be denied the benefits of, or be subjected todiscrimination under any program or activity receiving federal financial assistance.”

Executive Order 12898 states, “Each federal agency shall make achieving environmental justicepart of its mission by identifying and addressing, as appropriate, disproportionately high andadverse human health or environmental effects of its programs, policies, and activities onminority populations and low-income populations.”

WYDOT enforces environmental justice in the same manner as Title VI. Environmental justiceis included as review criteria in all Title VI compliance reviews, particularly local governmentreviews.

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Section IX: Authorities

The applicable authorities related to Title VI are the following:

1. Major Title Statutes:

a. Title VI of the Civil Rights Act of 1964, as amended. P.L. 88-352, 78 Stat. 252(Nondiscrimination in Federally-Assisted Programs).(42 U.S.C. 2000d-2000d-4)

b. Title VII of the Civil Rights Act of 1968, as amended. P.L. 90-284, 82 Stat. 81(Fair Housing). (42 U.S.C. 3601-3619)

c. The Federal Aid Highway Act of 1968, as amended. P.L. 90-495, Section 22(Equal Employment Opportunity). (23 U.S.C. 140)

d. The Federal Aid Highway Act of 1970, as amended. P.L. 91-605, Section136(b) (Adverse Economic, Social, and Environmental Impacts of HighwayConstruction). 23 U.S.C. 109(h)).

e. Uniform Relocation Assistance and Real Property Acquisition Policies of 1970,as amended. P.L. 91-646, 84 Stat. 1894 (Uniform and Equitable Treatmentof Relocations Wherever Real Property is Acquired). (42 U.S.C. 4601, 4602,4621-4638, 4651-4655)

f. The Federal Aid Highway Act of 1973, as amended. Sections 162(a) and165(b) (Prohibition of Discrimination Based on Sex and Handicap).(23 U.S.C. 324)

g. The Rehabilitation Act of 1973, as amended. Sections 501, 502, and 504(Prohibition of Discrimination Based on Handicap). (29 U.S.C. 794)

h. The Age Discrimination Act of 1975, as amended. (Prohibition ofDiscrimination Based on Age). (42 U.S.C. 6101)

i. The Civil Rights Restoration Act of 1987. P.L. 100-259, provides:

“To restore the broad scope of coverage and to clarify the application of TitleIX of the Education Amendments of 1972, Section 504 of the RehabilitationAct of 1973, the Age Discrimination Act of 1975, and Title VI of the Civil RightsAct of 1964.”

(Restores the broad, institution-wide scope and coverage of thenondiscrimination statutes to include programs and activities of federal-aidrecipients, subrecipients, and contractors, whether such programs andactivities are federally assisted or not.)

60

2. Related Title VI Statutes:

a. The Surface Transportation Act of 1978, as amended.

b. The Federal Aid Highway Act of 1979, as amended.

c. The Surface Transportation Assistance Act of 1982, as amended.

d. The Inter-modal Surface Transportation Efficiency Act of 1991 (ISTEA) P.L.102-240, 105 Stat. 1914.

3. Presidential Executive Orders (E.O.):

a. E.O. 11063b. E.O. 11141c. E.O. 11246d. E.O. 11247e. E.O. 11375f. E.O. 11514g. E.O. 11593h. E.O. 11625i. E.O. 11738j. E.O. 11758k. E.O. 11988l. E.O. 11990m. E.O. 11991n. E.O. 12067o. E.O. 12086p. E.O. 12138q. E.O. 12185r. E.O. 12250

4. Code of Federal Regulations

a. CFR, Title 3, The Presidential (Executive Orders)b. CFR, Title 13, Business Credit and Assistance (Part 124)c. CFR, Title 23, Highway (Parts 172, 200, 260, 420, 511, 520, 613, 625,

630,633, 635, 652, 656, 710, 712, 713, 740, 750, 770, 771, 790, 795, 810,820, 825, 1235)

d. CFR, Title 28, Department of Justice (Parts 35, 36, 41, 42, 50.3)e. CFR, Title 49, Department of Transportation (Parts 21, 27)

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5. U. S. Department of Transportation (DOT) Orders

a. USDOT Order 1000.1Fb. USDOT Order 1000.12c. USDOT Order 1050.2d. USDOT Order 4000.7e. USDOT Order 5610.1Bf. USDOT Order 5620.1g. USDOT Order 5650.1h. USDOT Order 5650.2i. USDOT Order 56600.16.

6. Department of Transportation, Federal Highway Administration (FHWA) Directives:

a. FHWA Notice 6560.1b. FHWA Order 4710.1c. FHWA Order 4710.2d. FHWA Transmittals 7, 77, 143, 147, 155, 202, 212, 233, 317

7. All rules and regulations in the Federal Highway Policy Guide shall be adhered to.

8. Department of Transportation, Urban Mass Transportation Administration (UMTA)

a. UMTA Circular C 9040.1Bb. UMTA Circular C 9716.1Ac. UMTA Circular C 4220.1B

9. Office of Management and Budget (OMB) and Federal Management (FM) Circulars:

a. OMB Circular A-46b. OMB Circular A-95c. OMB Circular A-102d. OMB Circular A-103e. OMB Circular 74-4f. OMB Circular 74-7g. OMB Circular 74-8

10. Wyoming Department of Transportation

a. WYDOT Standard DOT Title VI Assurancesb. WYDOT Title VI and Nondiscrimination Program Plan

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Section X: Exhibits

EXHIBIT A - WYDOT Organization Chart Reference

WYOMING DEPARTMENT OF TRANSPORTATIONORGANIZATION CHART

January 29, 2008

To access the most current WYDOT Organization Chart, go to the following web site:

http://www.dot.state.wy.us/

63

EXHIBIT B - Title VI Assurances

TITLE VI ASSURANCES

The Wyoming Department of Transportation (hereinafter referred to as the Recipient) HEREBYAGREES THAT, as a condition to receiving any federal financial assistance form the Departmentof Transportation, it will comply with the Title VI of the Civil Right Act of 1968, 78 Stat. 252, 42U.S.C. 2000d to 42 U.S.C. 2000d-4 (hereinafter referred to as the Act), and all requirementsimposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation,Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs ofthe Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafterreferred to as the Regulations), and other pertinent directives to the end that, in accordance withthe Act, regulations, and other pertinent directives, no person in the United States shall, on thegrounds, of race, color, sex, age, national origin, disability/handicap, or income status, be excludedfrom participation in, be denied the benefits of, or be otherwise subjected to discrimination underany program or activity for which the Recipient receives federal financial assistance from theDepartment of Transportation, including the Federal Highway Administration; and HEREBY GIVESASSURANCES THAT it will promptly take any measures necessary to effectuate this agreement.This assurance is required by Subsection 21.7(a)(1) of the Regulations, a copy of which isattached.

More specifically and without limiting the above general assurance, the Recipient hereby gives thefollowing specific assurances with respect to its Federal-aid Highway Program:

1. That the Recipient agrees that each “program” and each “facility,” as defined in Subsection21.23(e) and 21.23(b) of the Regulations, will be (with regard to a “program”) conducted or willbe (with regard to a “facility”) operated in compliance with all requirements imposed by orpursuant to the Regulations.

2. That the Recipient shall insert the following notification in all solicitations for bids for work ormaterials subject to the regulations made in connection with the Federal-aid Highway Programand, in adapted form, in all proposals for negotiated agreements:

The (State Department of Transportation), in accordance with Title VI of the Civil Rights Actof 1964, 78 Stat. 252, 42 U.S.C.2000d to 2000d-4, and Title 49, Code of Federal Regulations,Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscriminationin Federally-assisted Programs of the Department of Transportation, issued pursuant to suchAct, hereby notifies all bidders that it will affirmatively ensure that in any contract entered intopursuant to this advertisement, Disadvantaged Business Enterprises will be afforded fullopportunity to submit bids in response to this invitation and will not be discriminated against onthe grounds of race, color, sex, age, national origin, disability/handicap, or income status inconsideration for an award.

3. That the Recipient shall insert the clauses of Appendix A of this assurance in every contractsubject to the Act and the Regulations.

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4. That the clauses of Appendix B of this assurance shall be included, as a covenant running withthe land, in any deed from the United States effecting a transfer of real property, structure, orimprovements thereon, or interest therein.

5. That where the Recipient receives federal financial assistance to construct a facility or part ofa facility, the assurance shall extend to the entire facility and facilities operated in connectiontherewith.

6. That where the Recipient receives federal financial assistance in the form, or for the acquisitionof real property or an interest in real property, the assurance shall extend to rights to space on,over, or under such property.

7. That the Recipient shall include the appropriate clauses set forth in Appendix C of thisassurance, as a covenant running with the land, in any future deeds, leases, permits, licenses,and similar agreements entered into by the Recipient with other parties: (a) for the subsequenttransfer of real property acquired or improved under the Federal-aid Highway Program; and (b)for the construction or use of, or access to space on, over, or under, real property acquired orimproved under the Federal-aid Highway Program.

8. That this assurance obligates the Recipient for the period during which federal financialassistance is extended to the program, except where the federal financial assistance is toprovide, or is in the form of, personal property, or real property or interest therein, or structuresor improvements thereon; in which case the assurance obligates the Recipient or anytransferee for the longer of the following periods: (a) the period during which the property isused for a purpose for which the federal financial assistance is extended, or for anotherpurpose involving the revision of similar services or benefits; or (b) the period during which theRecipient retains ownership or possession of the property.

9. The Recipient shall provide for such methods of administration for the program as are foundby the Secretary of Transportation, or the official to who he or she delegates specific authority,to give reasonable guarantee that it, other recipients, subgrantees, contractors, subcontractors,transferees, successors in interest; and other participants of federal financial assistance undersuch program will comply with all requirements imposed by or pursuant to the Act, theRegulations, and this assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement withregard to any matter arising under the Act, the Regulations, and this assurance.

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APPENDIX A - Contract Clauses

During the performance of this contract, the contractor, for itself, its assignees, and successors ininterest (hereinafter referred to as the Contractor), agrees as follows:

1. Compliance with Regulations:

The Contractor shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations,Part 21, as they may be amended for time to time (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination:

The Contractor, with regards to the work performed by it during the contract, shall notdiscriminate on the grounds of race, color, sex, age, national origin, disability/handicap, orincome status, in the selection and retention of subcontractors, including procurements ofmaterials and leases of equipment. The Contractor shall not participate, either directly orindirectly, in the discrimination prohibited by Section 21.5 of the Regulations, includingemployment practices when the contract covers a program set forth in appendix B of theRegulations.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment:

In all solicitations, either by competitive bidding or negotiation, made by the Contractor for workto performed under a subcontract, including procurements of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’sobligations under this contract and the Regulations relative to nondiscrimination on the groundsof race, color, sex, age, national origin, disability/handicap, or income status.

4. Information and Reports:

The contractor shall provide all information and reports required by the Regulations, ordirectives issued pursuant thereto, and shall permit access to its books, records, accounts,other sources of information and its facilities as may be determined by the State Departmentof Transportation or the Federal highway Administration to be pertinent to ascertain compliancewith such Regulations or directives. Where any information required of a Contractor is in theexclusive possession of another who fails ore refuses to furnish this information, the contractorshall so certify to the State Department of Transportation, or the Federal HighwayAdministration, as appropriate, and shall set forth what efforts it has made to obtain theinformation.

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5. Sanctions for Noncompliance:

In the event of the Contractor’s noncompliance with the nondiscrimination provision of thiscontract, the State Department of Transportation shall impose such contract sanctions as it orthe Federal Highway Administration may determine to be appropriate, including but not limitedto:

(a) Withholding of payments top the Contractor under the contract until the Contractorcomplies, and/or

(b) Cancellation, termination, or suspension of the contract in whole or in part.

6. Incorporation of Provisions:

The Contractor shall include the provisions of paragraph 1 through 6 in every subcontract,including procurements of materials and leases of equipment, unless exempt by theRegulations or directives issued pursuant thereto. The Contractor shall take such action withrespect to any subcontract or procurement as the State Department of Transportation of theFederal Highway Administration may direct as a means of enforcing such provisions, includingsanctions for noncompliance provided, however, that in the event a Contractor becomesinvolved in, or is threatened with, litigation by a subcontractor or supplier as a result of suchdirection, the Contractor may request the State Department of Transportation to enter in suchlitigation to protect the interests of the State; and, in addition, the Contractor may request theUnited States to enter in such litigation to protect the interests of the United States.

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APPENDIX B - Granting and Habendum Clauses

The following clauses shall be in any and all deeds effecting or recording the transfer of realproperty, structures, or improvements thereon or interest therein from the United States.

(GRANTING CLAUSE)

NOW, THEREFORE, the Department of Transportation, as authorized by law and upon the condition thatthe State of Wyoming will accept title to the lands and maintain the project constructed thereon inaccordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid forHighways, and the policies and procedures prescribed by the Federal highway Administration of theDepartment of Transportation, and also in accordance with and in compliance with all requirements imposedby or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Officeof the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department ofTransportation (hereinafter referred to as the Regulations), pertaining to and effectuating the provisions ofTitle VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise,release, quitclaim, and convey unto the State of Wyoming all the right, title, and interest of the Departmentof Transportation in and to said lands described in Exhibit “A” attached hereto and made a part hereof.

(HABENDUM CLAUSE)

TO HAVE AND TO HOLD said lands and interests therein unto the State of Wyoming and its successorsforever subject, however, to the covenant, conditions, restrictions, and reservations herein contained asfollows, which will remain in effect for the period during which the real property or structures are used fora purpose for which federal financial assistance is extended, or for another purpose involving the provisionsof similar services or benefits, and shall be binding to the State of Wyoming, its successors, and assigns.

The State of Wyoming, in accordance of the conveyance of said lands and interests in lands, does herebycovenant and agree, as a covenant running with the land, for itself, its successor, and assigns that (1) noperson shall, on the grounds of race, color, sex, age, national origin, disability/handicap, or income status,be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination withregard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2)that the State of Wyoming shall use the lands and interests in lands so conveyed in compliance with allrequirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department ofTransportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assistedPrograms of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, andas said Regulations may be amended [,] and (3) that in the event of breach of any of the above-mentionednondiscrimination conditions, the Department shall have a right to re-enter said lands and facilities on saidland; and the above described land and facilities shall thereon revert to and vest in and become the absoluteproperty of the Department of Transportation and its assignees as such interest existed prior to the deed.*

*Reverter clause and related language to be used only when it is determined that such a clause is necessaryin order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

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APPENDIX C - Property-related Clauses

The following clauses shall be included in all deeds, licenses, leases, permits, or similarinstruments entered into by the State of Wyoming, pursuant to the provisions of Assurances 6(a).

The (grantee, licensee, lessee, permittee, etc., as appropriate), for himself or herself, his or herheirs, personal representatives, successors in interest, and assigns, as a part of the considerationhereof, does hereby covenant and agree [in the case of deeds and leases and “as a covenantrunning with the land”] that in the event facilities are constructed, maintained, or otherwise operatedon the said property described in this (deed, license, lease, permit, etc.) for a purpose for which aDepartment of Transportation program or activity is extended, or for another purpose involving theprovision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shallmaintain and operated such facilities and services in compliance with all other requirementsimposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, SubtitleA, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of theDepartment of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as saidRegulations may be amended.

[Include in licenses, leases, permits, etc.]*

That in the event of breach of any of the above nondiscrimination covenants, the State of Wyomingshall have the right to terminate the [license, lease, permit, etc.] and to re-enter and repossess saidland and the facilities thereon and hold the same as if said [license, lease, permit, etc.] had neverbeen made or issued.

[Include in deeds]*

That in the event of breach of any of the above nondiscrimination covenants, the State of Wyomingshall have the right to re-enter said lands and facilities thereon, and the above described lands andfacilities shall thereupon revert to and vest in and become the absolute property of the State ofWyoming and its assigns.

*Reverter clause and related language to be used only when it is determined that such a clauseis necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

The following shall be included in all deeds, licenses, leases, permits, or similar agreementsentered into by the State of Wyoming, pursuant to the provisions of Assurance 6(b).

The (grantee, licensee, lessee, permittee, etc., as appropriate), for himself or herself, his or herpersonal representatives, successors in interest, and assigns, as a part of the consideration hereof,does hereby covenant and agree [in the case of deeds and leases and “as a Covenant running withthe land”] that (1) no person, on the grounds of race, color, sex, age, national origin,disability/handicap, or income status, shall be excluded form participation in, be denied the benefitsof, or be otherwise subjected to discrimination in the use of said facilities, (2) that in theconstruction of any improvements on, over, or under such land and the furnishing of servicesthereon, no person, on the grounds of race, color, sex, age, national origin, disability/handicap, orincome status, shall be excluded form participation in, be denied the benefits of, or otherwise besubjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the

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premises in compliance with all other requirements imposed by our pursuant to Title 49, Code ofFederal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,Nondiscrimination in Federally-assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

[Include in licenses, leases, permits, etc.]*

That in the event of breach of any of the above nondiscrimination covenants, the State of Wyomingshall have the right to terminate the [license, lease, permit, etc.] and to re-enter and repossess saidland and the facilities thereon and hold the same as if said [license, lease, permit, etc.] had neverbeen made or issued.

[Include in deeds]*

That in the event of breach of any of the above nondiscrimination covenants, the State of Wyomingshall have the right to re-enter said land and facilities thereon, and the above described lands andfacilities shall thereupon revert to and vest in and become the absolute property of the State ofWyoming and its assigns.

Reverter clause and related language to be used only when it is determined that such a clause isnecessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.

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EXHIBIT C - 49 CFR Part 21 Reference

49 CFR TRANSPORTATIONSUBTITLE A

OFFICE FO THE SECRETARY OF TRANSPORTATIONPART 21 – NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE

DEPARTMENT OF TRANSPORTATION – EFFECTUATION OF TITLE VI OF THECIVIL RIGHTS ACT OF 1964

To access 49 CFR Part 21, go to the following web site:

http://www.fhwa.dot.gov/hep/49cfr21.htm

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EXHIBIT D - Notice 4720.6 Reference

NOTICE 4720.6IMPACTS OF THE CIVIL RIGHTS RESTORATION ACT OF 1987

ON FHWA PROGRAMS

To access Notice 4720.6, go to the following web site:

http://www.fhwa.dot.gov/legsregs/directives/notices/n4720-6.htm

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EXHIBIT E - Executive Order 13166 Reference

EXECUTIVE ORDER 13166IMPROVING ACCESS TO SERVICES

FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY

To access Executive Order 13166, go to the following web site:

http://www.dol.gov/oasam/regs/statutes/Eo13166.htm

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EXHIBIT F - Executive Order 12898 and Order on Environmental Justice References

EXECUTIVE ORDER 12898FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE

IN MINORITY POPULATIONS AND LOW-INCOME POPULATIONS

To access Executive Order 12898, go to the following web site:

http://www.epa.gov/oswer/ej/html-doc/execordr.htm

US DEPARTMENT OF TRANSPORTATION ORDERON ENVIRONMENTAL JUSTICE

To access DOT Order on Environmental Justice, go to the following web site:

http://www.fhwa.dot.gov/environment/ejustice/facts/index.htm

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