Title VI of The Civil Rights Act of 1964 and Additional Nondiscrimination Requirements
Overview
Title VI of the Civil Rights Act of 1964, prohibits discrimination based upon race, color, and national origin. Specifically, 42 USC 2000d states that “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The use of the word “person” is important as the protections afforded under Title VI apply to anyone, regardless of whether the individual is lawfully present in the United States or a citizen of a State within the United States.
In addition to Title VI, there are other Nondiscrimination statutes that afford legal protection. These statutes include the following: Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 USC 324) (sex), Age Discrimination Act of 1975 (age), and Section 504 of the Rehabilitation Act of 1973/Americans With Disabilities Act of 1990 (disability).
General FHWA Responsibilities
FHWA Division Offices are responsible for ensuring that all Recipients (State Transportation Agencies) have an approved Title VI Plan and submit Annual Update Reports. Additionally, the Division Offices are responsible for ensuring that the State Transportation Agencies are implementing an effective Monitoring Program of their Subrecipients’ efforts to effectively implement Title VI. FHWA’s National Title VI/Nondiscrimination Program Manager is responsible for coordinating the effectiveness of FHWA’s monitoring activities and will partner with other Federal Program Offices and USDOT Modal Agencies (as appropriate) to address opportunities for improved implementation of the Title VI/Nondiscrimination Program.
Authorities
- Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq);
- Civil Rights Restoration Act of 1987;
- 49 CFR Part 21;
- 23 CFR Part 200;
- USDOT Title VI Order 1000.12C (June 11, 2021)
- Section 162 (a) of the Federal-Aid Highway Act of 1973;
- Executive Order #12898 (Environmental Justice);
- Executive Order #13166 (Limited-English-Proficiency).