Title VI of the Civil Rights Act of Title VI of the Civil Rights Act of 19641964

PrinciplesPrinciplesPoliciesPoliciesGuidance to FTA RecipientsGuidance to FTA Recipients

FTA Region VI Civil Rights FTA Region VI Civil Rights Colloquium Colloquium

March 28, 2006March 28, 2006

Objectives Of This Objectives Of This PresentationPresentation Provide information that will allow Provide information that will allow

you to ensure that your agency is you to ensure that your agency is in compliance with Title VI. in compliance with Title VI.

This information will also allow This information will also allow you to evaluate and resolve you to evaluate and resolve discrimination complaints filed discrimination complaints filed with your agency. with your agency.

Title VI Principles Title VI Principles

Non-Non-DiscriminationDiscrimination

““Simple justice requires that public funds, Simple justice requires that public funds, to which all taxpayers of all races to which all taxpayers of all races contribute, not be spent in any fashion contribute, not be spent in any fashion which encourages, entrenches, which encourages, entrenches, subsidizes, or results in racial subsidizes, or results in racial discrimination.”discrimination.”

--President John F. Kennedy, 1963--President John F. Kennedy, 1963

Non-Non-Discrimination Discrimination

“…“…Direct discrimination by Federal, State, or Local Direct discrimination by Federal, State, or Local Governments is prohibited by the Constitution. But Governments is prohibited by the Constitution. But indirect discrimination through, the use of Federal indirect discrimination through, the use of Federal funds, is just as invidious; and it should not be funds, is just as invidious; and it should not be necessary to resort to the courts to prevent each necessary to resort to the courts to prevent each individual violation. Congress and the Executive have individual violation. Congress and the Executive have their responsibilities to uphold the Constitution also…” their responsibilities to uphold the Constitution also…”

Section 601 of Title VISection 601 of Title VI

““No No personperson in the United States in the United States shall, on the ground of shall, on the ground of racerace, , colorcolor, or , or national originnational origin, be excluded from , be excluded from participation in, be denied the participation in, be denied the benefits of, or be subjected to benefits of, or be subjected to discrimination under any discrimination under any program or program or activityactivity receivingreceiving Federal Financial Federal Financial assistanceassistance.”.”

--42 U.S.C. Section 2000d--42 U.S.C. Section 2000d

Title VI Applies to Title VI Applies to “Persons”“Persons” Title VI Protections are not limited Title VI Protections are not limited

to citizens.to citizens. Individuals may bring a cause of Individuals may bring a cause of

action under Title VI if they are an action under Title VI if they are an intended beneficiary of, an intended beneficiary of, an applicant for, or a participant in a applicant for, or a participant in a Federally assisted program. Federally assisted program.

Race, Color, National Race, Color, National OriginOrigin Persons of any race can file a Title VI Persons of any race can file a Title VI

complaint.complaint. We rely on U.S. Census categories to We rely on U.S. Census categories to

define race. define race. Title VI prohibits discrimination on the Title VI prohibits discrimination on the

basis of shades of skin color.basis of shades of skin color. National origin means being from a National origin means being from a

country other than the United States country other than the United States or having ancestors from a country or having ancestors from a country other than the United States. other than the United States.

Federal Financial Federal Financial Assistance Assistance Financial assistance can be in Financial assistance can be in

nonmonitary form. It can include nonmonitary form. It can include use of Federal land or property, use of Federal land or property, Federal training, or a loan of Federal training, or a loan of Federal personnel.Federal personnel.

Recipients Recipients

Recipients are any entity to whom Recipients are any entity to whom Federal financial assistance is extended.Federal financial assistance is extended.

Many recipients enter into a relationship Many recipients enter into a relationship with the Federal government akin to with the Federal government akin to contract. Federal financial assistance is contract. Federal financial assistance is received under a condition of assurance received under a condition of assurance of compliance with Title VI.of compliance with Title VI.

Both primary recipients and subrecipients Both primary recipients and subrecipients must conform their actions to Title VI.must conform their actions to Title VI.

Recipients v. Recipients v. Beneficiaries Beneficiaries Beneficiaries do not enter into an Beneficiaries do not enter into an

agreement with the Federal agreement with the Federal government where compliance government where compliance with Title VI is a condition of with Title VI is a condition of receiving aid.receiving aid.

Recipients are covered under Title Recipients are covered under Title VI. Beneficiaries are not. VI. Beneficiaries are not.

Program or Activity Program or Activity

Title VI’s prohibitions are meant Title VI’s prohibitions are meant to apply institutionwide, not just to apply institutionwide, not just to the limited aspect of the to the limited aspect of the institution’s operations that institution’s operations that receive the Federal funding.receive the Federal funding.

Title VI Policies Title VI Policies

Title VI Regulations Title VI Regulations

Section 602 of Title VI authorizes Section 602 of Title VI authorizes Federal agencies “to effectuate Federal agencies “to effectuate provisions of [Section 601]…by issuing provisions of [Section 601]…by issuing rules, regluations, or orders of general rules, regluations, or orders of general applicability.”applicability.”

The Department of Justice and The Department of Justice and Department of Transportation Department of Transportation regulations prohibit disparate impact regulations prohibit disparate impact discrimination as well as intentional discrimination as well as intentional discrimination. discrimination.

Disparate Treatment vs. Disparate Treatment vs. Disparate Impact Disparate Impact DiscriminationDiscrimination Disparate treatment--The recipient, in Disparate treatment--The recipient, in

violation of the statute, intentionally violation of the statute, intentionally discriminates against beneficiaries.discriminates against beneficiaries.

Disparate impact--The recipient, in Disparate impact--The recipient, in violation of agency regulations, uses a violation of agency regulations, uses a neutral procedure or practice that has neutral procedure or practice that has a disparate impact on minority a disparate impact on minority beneficiaries, and such practice lacks a beneficiaries, and such practice lacks a substantial legitimate justification. substantial legitimate justification.

Examples of Actions with Examples of Actions with Potentially Disparate Potentially Disparate ImpactsImpacts Installing bus shelters on the basis of their Installing bus shelters on the basis of their

potential to generate advertising revenue.potential to generate advertising revenue. Assigning clean-fuel vehicles and facilities to Assigning clean-fuel vehicles and facilities to

routes that do not serve predominanty routes that do not serve predominanty minority communities. minority communities.

Implementing service reductions or fare Implementing service reductions or fare increases that disproportionately effect increases that disproportionately effect minority communities.minority communities.

Planning a fixed guideway project that travels Planning a fixed guideway project that travels through predominantly minority communities through predominantly minority communities but does not include stations in these but does not include stations in these communities.communities.

When can recipients take When can recipients take actions that have actions that have disparate impacts?disparate impacts? In the cases when the policy is In the cases when the policy is

supported by a “substantial supported by a “substantial legitimate justification” legitimate justification” and and

There are no comparably There are no comparably effective alternative practices effective alternative practices that would result in less disparate that would result in less disparate impacts impacts andand

The justification for the action is The justification for the action is not a pretext for discrimination. not a pretext for discrimination.

Alexander v. Sandoval Alexander v. Sandoval

In this 2001 decision, the Supreme In this 2001 decision, the Supreme Court ruled that plaintiffs can sue Court ruled that plaintiffs can sue under the intentional discrimination under the intentional discrimination provisions in Section 601 of Title VI.provisions in Section 601 of Title VI.

However, plaintiffs cannot bring However, plaintiffs cannot bring lawsuits lawsuits under the disparate impact under the disparate impact regulations promulgated by Federal regulations promulgated by Federal agencies under Section 602 of Title VI.agencies under Section 602 of Title VI.

Persons may still file administrative Persons may still file administrative complaints with Federal agencies complaints with Federal agencies under the Title VI regulations. under the Title VI regulations.

DOT Title VI RegulationsDOT Title VI Regulations

Recipients may not, on the grounds of race, color, or national Recipients may not, on the grounds of race, color, or national origin: origin: --Deny any individual service, financial aid, or benefit under the --Deny any individual service, financial aid, or benefit under the program.program.--Provide any service, financial aid, or benefit that is different --Provide any service, financial aid, or benefit that is different from that provided to others. from that provided to others. --Subject an individual to segregation or separate treatment.--Subject an individual to segregation or separate treatment.--Restrict an individual in the enjoyment of any advantage or --Restrict an individual in the enjoyment of any advantage or privilege enjoyed by others.privilege enjoyed by others.--Treat individuals differently in terms of whether they satisfy --Treat individuals differently in terms of whether they satisfy admission, eligibility, or membership.admission, eligibility, or membership.--Deny an individual the opportunity to participate in the --Deny an individual the opportunity to participate in the provision of services.provision of services.--Deny a person the opportunity to participate as a member of a --Deny a person the opportunity to participate as a member of a planning or advisory body. planning or advisory body.

49 CFR 21.5(b)49 CFR 21.5(b)

DOT Title VI DOT Title VI Regulations Regulations Recipients may not use criteria or methods Recipients may not use criteria or methods

of administration that have the effect of of administration that have the effect of subjecting individuals to discrimination subjecting individuals to discrimination (49 (49 CFR 21.5(b)(2)). CFR 21.5(b)(2)).

In determining the location of facilities, In determining the location of facilities, recipients may not make decisions with the recipients may not make decisions with the purpose or effect of subjecting persons to purpose or effect of subjecting persons to discrimination discrimination (49 CFR 21.5(b)(3)).(49 CFR 21.5(b)(3)).

Recipients are expected to take affirmative Recipients are expected to take affirmative action to assure non-discrimination action to assure non-discrimination (49 CFR (49 CFR 21.5(b)(7)). 21.5(b)(7)).

DOT Title VI DOT Title VI Regulations Regulations Discrimination with regard to the Discrimination with regard to the

routing, scheduling, or quality of routing, scheduling, or quality of transit service is prohibited.transit service is prohibited.

Frequency of service, age and quality Frequency of service, age and quality of vehicles assigned to routes, quality of vehicles assigned to routes, quality of stations serving different routes, of stations serving different routes, and location of routes must not be and location of routes must not be determined on the basis of race, color, determined on the basis of race, color, national origin. national origin. (Appendix C to 49 CFR 21)(Appendix C to 49 CFR 21)

Title VI Guidance to Title VI Guidance to Recipients of FTA Recipients of FTA Funding Funding

From FTA Circular 4702.1, From FTA Circular 4702.1, “Title VI Program Guidelines “Title VI Program Guidelines to FTA Recipients”to FTA Recipients”

Guidance for all Guidance for all Recipients and Recipients and Subrecipients Subrecipients Certify that you will comply with Title VICertify that you will comply with Title VI Document any Title VI complaints and Document any Title VI complaints and

lawsuits and past Title VI compliance lawsuits and past Title VI compliance reviews. reviews.

Inform the public of your Title VI policy Inform the public of your Title VI policy and how individuals may file a complaint. and how individuals may file a complaint.

Analyze the impacts of construction Analyze the impacts of construction projects on minority households and projects on minority households and businesses. businesses.

(Circular 4702.1 Chapter III)(Circular 4702.1 Chapter III)

Guidance for transit Guidance for transit agencies serving agencies serving urbanized areas urbanized areas Prepare demographic maps and overlays showing Prepare demographic maps and overlays showing

distribution of service to minority populations.distribution of service to minority populations. Set system-wide service standards for vehicle Set system-wide service standards for vehicle

load, headway, assignment, transit access, and load, headway, assignment, transit access, and transit amenities.transit amenities.

Monitor service provided to minority and non-Monitor service provided to minority and non-minority areas to ensure that service meets the minority areas to ensure that service meets the system-wide standards. system-wide standards.

Establish procedures for complying with Title VI, Establish procedures for complying with Title VI, including assessing the impacts of service and including assessing the impacts of service and fare changes.fare changes.

(Circular 4702.1 Chapter III)(Circular 4702.1 Chapter III)

Guidance for transit Guidance for transit agencies serving agencies serving urbanized areasurbanized areas Provide information on how minority Provide information on how minority

communities will be informed of upcoming communities will be informed of upcoming service changes. service changes.

Provide a racial breakdown of non-elected Provide a racial breakdown of non-elected boards, advisory councils, and committees, boards, advisory councils, and committees, and encourage minority participation on and encourage minority participation on

these decision making bodies.these decision making bodies.

(Circular 4702.1 Chapter III)(Circular 4702.1 Chapter III)

Guidance for State Guidance for State Departments of Departments of TransportationTransportation Ensure that funds dispersed to Ensure that funds dispersed to

applicants for Section 5310 and Section applicants for Section 5310 and Section 5311 funding are distributed without 5311 funding are distributed without regard to race, color, and national origin.regard to race, color, and national origin.

Ensure that efforts to assist applicants Ensure that efforts to assist applicants applying for section 5310 and Section applying for section 5310 and Section 5311 funding is made without regard to 5311 funding is made without regard to race, color, or national origin.race, color, or national origin.

Monitor 5310 and 5311 subrecipients to Monitor 5310 and 5311 subrecipients to ensure they are complying with Title VI.ensure they are complying with Title VI.

(Circular 4702.1 Chapter III)(Circular 4702.1 Chapter III)

Guidance for Guidance for Metropolitan and Metropolitan and Statewide Planning Statewide Planning ActivitiesActivities Seek out and consider the needs of Seek out and consider the needs of

traditionally underserved populations in the traditionally underserved populations in the planning process planning process (23 CFR 450) (23 CFR 450)

Have an analytical process in place for Have an analytical process in place for assessing the regional benefits and burdens assessing the regional benefits and burdens of transportation system investments for of transportation system investments for different socioeconomic groupsdifferent socioeconomic groups

Have a public involvement strategy for Have a public involvement strategy for engaging minority and low-income engaging minority and low-income populations in transportation decisionmaking.populations in transportation decisionmaking.

(1999 FTA/FHWA Memorandum) (1999 FTA/FHWA Memorandum)

The Relevance of The Relevance of Title VI in 2006Title VI in 2006

40th Anniversary of the 40th Anniversary of the Civil Rights Act of Civil Rights Act of

19641964““The Civil Rights Act of 1964 gives all The Civil Rights Act of 1964 gives all Americans another reason to be proud of our Americans another reason to be proud of our country. The work of equality is not done country. The work of equality is not done because the evil of bigotry is not finally because the evil of bigotry is not finally defeated. Yet the laws of this nation and the defeated. Yet the laws of this nation and the good heart of this nation are on the side of good heart of this nation are on the side of equality. And as Dr. King reminded us, "We equality. And as Dr. King reminded us, "We must not rest until the day when justice rolls must not rest until the day when justice rolls down like waters, and righteousness like a down like waters, and righteousness like a mighty stream." mighty stream." --President George W. Bush, July 2--President George W. Bush, July 2ndnd, 2004. , 2004.

Conditions persist that make Conditions persist that make disparate impact disparate impact

discrimination a realitydiscrimination a reality Residential segregation persists in many Residential segregation persists in many

metropolitan areas, due to:metropolitan areas, due to:– Personal preferencesPersonal preferences– Discrimination in the real estate/lending Discrimination in the real estate/lending

industryindustry– Lack of affordable housingLack of affordable housing– Residential segregation can lead to Residential segregation can lead to

disparate provision of services due to disparate provision of services due to imbalance of political clout or an “out of imbalance of political clout or an “out of sight, out of mind” mindset that results in sight, out of mind” mindset that results in inattention to needs of minority and low-inattention to needs of minority and low-income communities. income communities.

Dallas/Fort Worth Dallas/Fort Worth

Dallas/Fort Worth Dallas/Fort Worth

Atlanta Atlanta

WashingtonWashington

New York City New York City

US DOJ Response to US DOJ Response to

KatrinaKatrina

““I urge each agency to consider civil rights I urge each agency to consider civil rights issues in all aspects of its hurricane issues in all aspects of its hurricane response…there are many steps agencies response…there are many steps agencies can take to ensure that race, color, and can take to ensure that race, color, and national origin, including LEP status, do not national origin, including LEP status, do not impede access to information, shelters, and impede access to information, shelters, and other evacuation and relief services.”other evacuation and relief services.”

--Assistant Attorney General for Civil Rights --Assistant Attorney General for Civil Rights Wan J. Kim Wan J. Kim

DOJ Response to DOJ Response to KatrinaKatrina Steps include:Steps include:

– Conducting outreach to community Conducting outreach to community and faith-based organizations serving and faith-based organizations serving minority populationsminority populations

– Ensuring language services are in Ensuring language services are in place place

– Help recipients re-examine evacuation Help recipients re-examine evacuation and disaster preparedness plans to and disaster preparedness plans to ensure the plans address the specific ensure the plans address the specific needs of minority populations.needs of minority populations.

National origin National origin discrimination is still a discrimination is still a concernconcern Need to provide language access Need to provide language access

to services for persons with to services for persons with limited English proficiency.limited English proficiency.

Bias against Arabs and Muslims Bias against Arabs and Muslims may be increasing. may be increasing.

Transportation and transit Transportation and transit security needs to be provided on security needs to be provided on a non-discriminatory manner.a non-discriminatory manner.

Title VI ResourcesTitle VI Resources

FTA website, FTA website, www.fta.dot.govwww.fta.dot.gov, , click on “civil rights/accessibility”click on “civil rights/accessibility”

The Department of Justice Title VI The Department of Justice Title VI website at website at http://www.usdoj.gov/crt/crt-homehttp://www.usdoj.gov/crt/crt-home.html.html

Materials in hour training binder Materials in hour training binder