Case 1: A Road to Hell

Route 666 is a heavily traveled urban roadway, with high numbers of pedestrian fatalities. A community group proposed a multiuse trail to reduce the number of pedestrians on 666’s sidewalks. Everyone supports it, but it was removed from the priorities list due to high costs.

You receive a call from a member of the public blasting the decision and saying it’s unfair to consider costs in the wake so much death and why doesn’t anyone care about the pedestrian safety?

Your group is assigned the call

1. As described, is there enough information for a prima facie case of discrimination? What information missing?

Answer: No, we don’t have enough info. For a PF case of disparate treatment, we have to establish membership in a protected class; eligibility for services; denial of services; continuance of services to those in differing or non-protected classes. For a PF of disparate impact, we must determine whether a facially neutral policy, procedure or decision had the tendency of disproportionately impacting a class of individuals based on protected class status. In this case, we don’t know anything about the affected community, the project owner/planner, when this occurred, etc.

2. One of your group has been assigned the role of the caller. Conduct an intake interview to determine whether there is enough information for a charge of discrimination. If not, what essential data points are missing?

Answer: Your caller has enough information to charge the MPO. If your interview was fully successful, you gathered the following info:1. Complainant’s name and contact info2. Respondent’s name and contact info3. Date of alleged occurrence (or that it was within 180 days)4. The likely protected and other classes – Hispanic youth, 8 to 16 years old, low

income homes 5. That the Respondent is a federal-aid recipient6. At least two witnesses who can provide additional information 7. Comparative information regarding other pedestrian projects 8. The fact that the Complainant also sent a letter to the State Attorney General

3. Using the information you have gathered, develop a list of next steps. Think about the following:

• Who is the Respondent?• Should the matter be listed on the complaint log?• What should you do with this as a signed complaint assuming you are – the

TPO, the State DOT, a city or county government?

Answer: The Respondent appears to be a Transportation Planning Organization. They are usually direct recipients of federal-aid and/or sub-recipients of a State Transportation Agency. This matter should definitely appear on your complaint log, regardless of who you represent. The first step is determining if the complaint needs to be referred to another agency – the county, the state, US DOT or US DOJ? If you were to be assigned the investigation, you’d need to develop an INV Plan and collect the Respondent’s defense and conduct witness interviews . You might also want to explore resolution. Is there something that would address the needs of both sides?

4. What if the facts were the same, except that the only impacted group was a low income community?

5. What if the cost is too high, given the other priorities or needs?

Answer: income is not protected by Title VI or related statutes. Rather, it is part of the Executive Order 12898 on Environmental Justice. While agencies have provided directives to federal-aid recipients on actions to reduce disproportionately high and adverse impacts on low income communities, there is no right of legal action provided. A discrimination complaint may still be processed with the funding agency taking action at the project level, if necessary. This could be a complaint of course under Title VI not EJ and they have to identify the bases.

Answer: EJ doesn’t mean that projects don’t get built or that cost isn’t an important factor. It simply means that disproportionately high and adverse impacts on minority or low income groups must be avoided, minimized or mitigated. If the recipient tries but cannot satisfactorily mitigate impacts (even with US DOT assistance), then the Recipient must show that its decision(s) are substantially better for the community as a whole than resulting the adverse impacts.

Case Study 2: The Ole Swimming Hole

It gets mighty hot in Satsuma County during the summer. Good thing there is a cold, clear spring where the community can cool off. Recently though, the County placed placed no parking signs along Springfed Rd, the county roadway that fronts Ole’ Swimming Hole Park. This means a long walk from town for swimmers who show up too late for the few parking spaces inside the park.

A local church pastor files a complaint stating that the signs are racially motivated to stop blacks from accessing the springs. The County responds that the decision was based on safety, since the right of way is too narrow to allow unobstructed parking.

1. The Title VI Coordinator started an INV Plan before leaving on vacation. Your group is tasked with completing the Plan.

• Read the Plan provided• Complete the remaining four sections

Answer: Minimum information should include race of decision, crash information, other locations where signage was erected, demographic data on park usage, county policies on right of way parking, alternative parking or park access information. See the Sample Plan provided.

2. Discuss the facts as outlined. What information could make this a case of reasonable cause? Conversely, what might suggest the case is no cause?

• What if the decision makers were black• What if no other locations could be identified with

no parking signage?• What if there is ample parking within the Park, but

there is a cost?• What if 90% of the Park visitors are from the

County and anecdotal evidence suggest they are mostly black?

Answer: preponderance of the evidence is required. No single ‘smoking gun’ exists for this scenario.

3. Finally, propose some solutions that might satisfy both parties, regardless of the merits of the complaint.

• No private or monetary damages allowed• The County cannot compromise on a

legitimate safety issuePossible Answers: Consider free parking for county residents; provide shuttle service on busy days from main parking lots downtown; consider expanding Park parking; ask the Pastor to serve on community development board to address future issues; commit to providing safety information to schools and churches

Case 3: When it rains, it pours

It’s been a long day at the District, especially for the Title VI Coordinator, Ethel Equitable. She’s received 10 inquiries with very little detailed information. Working as a group, help Ethel enter the inquiries into the tracking log. Enter all the inquiries, deciding which law, program area or agency is likely involved, if any. What additional info might you need?

1. Contractor posted ‘No English, No Job’ signs on a job site bulletin board.

2. Caller complained that FDOT isn’t mowing the roadside near her apartment, a Section 8 facility.

3. Caller states that mobility impaired child cannot access the bus stop due to sidewalk conditions.

4. DBE email stating that Prime contractor told her ‘it was a mistake subcontract to a woman-owned firm’.

5. Letter from local politician describing negative effects of a widening project on a black neighborhood.

6. Local news runs report of FDOT employee saying ‘we care about roads, not people’ in reference to recent flooding event.

7. Angry relocatee says his neighborhood of retirees received lower offers than a similarly situated neighborhood impacted by the same project.

8. Resident provides photos of nooses hanging from local street signs in a black neighborhood.

9. Association of Churches issues a letter blasting a PD&E Study for not including outreach in Haitian Creole.

10.MPO funds used to build a trolley yard in a Hispanic community that is not serviced by the trolley route.

Answers: Likely Authority, if any Basis, if any Refer or Assign to

No English, No Job Title VI National Origin Construction PAO

Mowing Section 8 Right of Way ? (Title VI/EJ) ? (Race, Color, Sex-one of the bases if we knew)

Maintenance PAO

Bus Stop Access ADA Disability Transit Agency

No Women DBEs! Title VI/Highway Act of 73

Gender (female) Construction/Procurement PAO

LAP Widening in Black Community

Title VI Race (Black) LAP PAO

Roads only, no people ? (Maybe Title VI/EJ

? Public Info PAO

Shortchanged on ROW offer Age Discrim Act 1975/Title VI

Age (65+) ROW PAO

Nooses on Traffic Signage Criminal Law Race (Black) DOJ and/or LEA

Help in Haitian EO 13166/Title VI National Origin/LEP

Environment PAO

I Can’t Even Ride the Trolley EO 12898/Title VI National Origin/EJ

Planning PAO

What additional information might you require?

Suggestions:

No English, No Job This is probably a violation on its face. English Language only rules generally violate Title VII and Fed-aid contractors who use them are probably violating Title VI.

Mowing Section 8 Right of Way Section 8 can mean elderly, low income, etc. We don’t know enough to decide what law or base(s).

Bus Stop Access Probably Transit but this could be also be a maintenance issue. We also need to know who owns the facilities.

No Women DBEs! A nasty comment, but is there any real adverse action? Is this an FDOT project? Hopefully Construction can sort this out.

Widening in Black Community We don’t know if this is in PD&E or construction. We can be pretty sure it needs to logged, but not where it should be assigned.

Roads only, no people We have no idea what this means and the media can easily take statements out of context. Still, it could potentially be a public relations issue . . . Send it to PIO!

Shortchanged on ROW offer The presumption is that a neighborhood on a fixed income is being discriminated against due to age. The ROW PAO may be able to assist and provide some clarification/follow-up.

Nooses on Traffic Signage Locally owned road - document and send to Law Enforcement and maybe DOJ. Possible hate crime with remedy outside of Title VI

Help in Haitian We don’t know if the LEP plan calls for Haitian translation of documents, but if there is a request with reasonable notice, oral interpretation is required. The Environment PAO can likely help.

I Can’t Even Ride the Trolley We know the MPO is a federal-aid recipient, but not whether this is a State project. The safest course is to log it, notify the Planning PAO for follow-up. It may need to go to FTA.

Case 4: The Chinook of Justice

Senator Will Cheatum has forwarded your agency a letter containing allegations of discrimination. The good Senator wants you to review the letter and provide an assessment and action plan.

Discuss the letter in your group and elect a speaker to address the following:1. Is this a prima facie discrimination complaint? Why or

why not?

2. What are the bases alleged? Are they all covered by nondiscrimination authorities?

3. Any potential legitimate issues or bases?

4. List the red herrings (unnecessary or misleading information).

5. What course of action would you recommend?

Answers:

1. Probably not a PF case: • Complainant is unidentified• Immigration status is not a Title VI program protected class• Complainant hints at maturity, but doesn’t specify an age• Complainant lacks standing as a ‘minority’ and doesn’t identify the

particular class• Assumption that minorities are subsistence fishermen • Complainant fails to identify any tangible harm on the unspecified

minority class• Complainant claims Disparate Treatment but there is no comparative

data• Complainant hints at Disparate Impact, but aren’t all area visitors

similarly affected?• Complaint is not dated and outside 180 days. Reasons given for delay

are unlikely to toll the filing time• Complaint lacks an identifiable Respondent – county? State?

2. Bases alleged are:• Immigration status (Canada) – not covered• Age (unspecified) – covered but not specific• Disability (mobility) – covered but not clear if complainant is disabled• Race (unspecified) – covered but not specific• Others?

3. Possible legitimate allegations:• Accessibility of bridge to those with mobility impairments (??)• Others?

4. Red Herrings:• Proposal information• Canadian citizenship • Family obligations• Financial obligations• ‘Witness information’• George’s clumsiness • Golf Carts as mobility devices• Others?

5. Possible Course(s) of Action:• Advise the Senator that the letter fails to state a claim and you

have no way of identifying or contacting the Complainant• If you have an address, send a charge form to the Complainant

explaining the required elements• Log the letter as an anonymous complaint, but note that it is

untimely for investigation• Send an inspector out to look at accessibility issues and note the

results on the complaint log• Pull up google to see where the other fishing locations and

amenities in the area• Legal research on ADA coverage of golf carts as mobility

devices• Other ideas?

Case Study 5: One Hot MessYour boss, Lotta Mess has tasked you with resolving a problem. Meet with your Area Officers and review the relevant documents. Provide a list of issues and the laws potentially involved. Recommend a course of action.

Hint: For each document, ask:• What bases or issues are

discussed, if any?• Can it be resolved and how?• Who can help you?

Doc 1 - Email from TPOAnswer:1. Lack of accessibility to important government

services – ADA; Disproportionate impact on low income in the area of Safety – EJ

2. Easiest resolution would be providing a project to fill gaps and provide unimpeded access.

3. Planning PAO, ROW PAO, ADA PAO – possibly someone from environment to help with demographics

Doc 2 – Email from Environment

1. Access of pedestrian rights of way – ADA; Access to government services – ADA/EJ; Possible impacts to homeless – EJ, maybe Title VI.

2. Need mitigation strategy for homeless group; gap-filling project is a good solution for ADA/EJ population

3. Community partners (Salvation Army, CIL, Service Agencies); ROW PAO, Environment PAO; PIO PAO

Doc 3 - Letter from Dan’s

Answer:1. No underlying discrimination law or basis

2. To resolve, diplomacy is necessary. But, we may have to reason or even threaten. We can’t force a sale of ROW, but we can advise DOJ of a Title III issue

3. ROW PAO, definitely; may need to enlist leadership assistance; community partners?

Doc 4 - Letter from AFCL

Answer:1. Disproportionate impact on low income – EJ;

possibly ADA and Title VI issues depending

2. May be able to provide shelter access nearby? Provide medical, housing and even employment services?

3. PIO will be an important contact; Planning PAO?; community partners; AFCL, if they are representing the affected group

Doc 5 - Message from City Manager

Answer:1. Potential Title VI, though we don’t know who the

‘minorities’ are – we suspect a sidewalk will improve their access to services

2. Project seems to help one group while hurting another? Might be able to provide the access but mitigate impacts on homeless?

3. Will need Environment to help with demographics; we still don’t know the area; community partners; PIO because the Director’s comment about homeless may blow up

What would you do?

Answer:1. Contact your Title VI Rep at FDOT, if you are a local

agency. If you are District, contact Central Office

2. There is no written Title VI complaint, so this is something you might be able to resolve internally, but we aren’t far off from a complaint

3. Document, document, document

4. Communicate regularly with your Title VI Rep at FDOT or Central Office

5. Advise various parties of their right to file a discrimination complaint and deadlines for doing so

Case 6: When it rains, it pours

It’s been a long day at the District, especially for the Title VI Coordinator, Frank Fairly. He’s received 10 inquiries with very little detailed information. Working as a group, help Frank enter the inquiries into the tracking log. Enter all the inquiries, deciding which law, program area or agency is likely involved, if any, and why?

1. Email advises that there were no Haitian Creole interpreters at a recent PD&E public meeting.

2. Caller states the bus lets him out at a stop next to a ditch. He is a double amputee and can’t navigate his wheelchair out of the mire.

3. DBE email stating that Prime contractor won’t let him use the contractor’s sweeper. “All the non-black subcontractors can use it,” he says.

4. Letter from local politician stating that a LAP ‘road diet’ project will force dangerous traffic into side streets in a minority neighborhood.

5. News report suggests State DOT only contracts with white appraisers, leading to lower appraisals of Hispanic properties.

6. Subcontractor files a complaint saying that a Prime contractor rejected her bid when it learned she was female.

7. Caller says his mother slipped in the bathtub and broke her hip.

8. Resident provides photos of racial slurs spray-painted on neighborhood sidewalks and signs.

9. Center for Independent Living accuses TPO of pursuing capacity projects despite Census data showing a downturn in area growth.

10.Caller says that maintenance crews ignore mowing and litter pick-up on his side of town because residents are ‘poor’.

Answers: Likely Authority, if any Basis, if any Refer or Assign to

No Haitian interpretation Title VI/EO 13166 National Origin Environment PAO

Bus stop puts wheelchair user in ditch

ADA Mobility Impairment

Transit Agency

DBE can’t use Prime’s sweeper Title VI Race (Black) Construction PAO

LAP road diet project EO 12898 (maybe T6)

Minority LAP PAO

White appraisers, low appraisals for minorities

Title VI National Origin (Hispanic)

ROW PAO

No subcontract for female owned companies

Title VI/Highway Act of 1973

Sex (Female) Construction/ Procurement PAO

Mom slipped in bathtub ? ? FDOT Central Office or FHWA

Racial Slurs on local sidewalks Criminal Law Race (Black) DOJ and/or LEA

Capacity projects in a recession? ? (maybe ADA, given the source)

? Planning PAO

No maintenance for the poor EO 12898 Income Maintenance PAO

Explanation:

No Haitian interpretation Environmental studies must be sensitive to language needs, especially in project area. May need to have another meeting targeted toward Haitian Creole community.

Bus stop puts wheelchair user in ditch

Reasonable accommodation might mean letting rider out at a driveway turnout. Transit should be able to assist – this is ADA.

DBE can’t use Prime’s sweeper Could be race, but also could be disparate treatment due to DBE rules on commercially useful function. Construction can sort this out.

LAP road diet project This could get ugly . . . Need to send to LAP, but probably need to make sure Public Information Officer is copied as well.

White appraisers, low appraisals for minorities

Anytime there is media involvement, Public Information should be notified, but the correct referral here is the ROW office. They can answer questions about appraiser demographics.

No subcontract for female owned companies

Two possibilities, depending on how the agency is structured. Construction or Procurement should be able to help.

Mom slipped in bathtub Not enough info here – could be age, could be disability, might involve Section 8 housing. Send this one up to Central Office or to FHWA. They are clearinghouses for these complaints.

Racial Slurs on local sidewalks Document, send to law enforcement first. Don’t destroy evidence of a possible hate crime. Once reported /documented, it can go to maintenance or the local agency.

Capacity projects in a recession? Planning should hear about this. We have no protected basis but it could involve disability. Those with mobility and vision impairments may struggle with added capacity, even in the best of circumstances.

No maintenance for the poor This should go to Maintenance PAO for follow-up. We don’t have Title VI at this point but it could be a related basis.