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Nondiscrimination

Nondiscrimination provisions apply to all programs and activities of Federal-aid recipients, sub-recipients, and contractors, regardless of tier. The obligation to not discriminate is based on the objective of Congress to not have funds, which were collected in a non-discriminatory manner used in ways that subsidize, promote, or perpetuate discrimination based on race, color, national origin, sex, age, or physical or mental disability, sexual orientation, or retaliation. Primary recipients are responsible for determining and obtaining compliance by their sub-recipients and contractors. The recent passage of the Americans with Disabilities Act and the clarifications of the reach of Title VI in the arenas of Environmental Justice and the needs of Limited English Proficient populations have expanded jurisdiction, clients, and complexity.

  • Americans with Disabilities Act
  • Department of Transportation - Equal Access to Transportation
  • Title VI - Prohibits discrimination in Federally-funded programs (49 CFR Part 21). Environmental and civil rights statutes provide opportunities to address the environmental effects on minority populations and low-income populations. Under Title VI each Federal agency is required to ensure that no person on grounds of race, color, or national origin is excluded from participation, denied the benefits of, or in any other way subjected to discrimination under any program or activity receiving Federal assistance. Therefore, any member of a protected class under Title VI may file a complaint alleging that he/she was subjected to disproportionately high and adverse health or environmental effects.
  • Environmental Justice
    • Executive Order 12898 - Environmental justice addresses the needs of minority and low-income populations in the transportation decision-making process.
  • White House Initiative on Asian Americans and Pacific Islanders
  • Historically Black Colleges & Universities & Other Minority Institutions of Higher Education
    • Executive Order 13256 – Historically Black Colleges and Universities - requires Federal departments and agencies submit an annual plan of awards report and an annual performance report to the Secretary of Education containing data on its efforts and accomplishments to increase the participation of HBCUs in federally sponsored programs. The Office of Civil Rights is responsible for submitting the Federal Highway Administration's information to the Departmental Office of Civil Rights for inclusion in the Department of Transportation submissions to White House Initiative on HBCUs.
    • Executive Order 13230 – Educational Excellence for Hispanic Americans - requires Federal departments and agencies submit an annual plan of awards report and an annual performance report to the Secretary of Education containing data on its efforts and accomplishments to increase the participation of Hispanic Serving Institutions (HSI) in federally sponsored programs. In addition, the order requires that Federal departments and agencies submit all planned and accomplished outreach efforts to be directed towards the Hispanic community; i.e., promoting and encouraging the development of language, culture, and traditions, and educational efforts directed towards early childhood development and elementary and secondary students. The Office of Civil Rights is responsible for submitting the Federal Highway Administration's information to the Departmental Office of Civil Rights for inclusion in the Department of Transportation submissions to White House Initiative on HSIs.
    • Executive Order 13270 – Tribal Colleges and Universities – requires that Federal departments and agencies submit an annual plan of awards report to the Secretary of Education containing data on its efforts to increase the participation of TCUs in federally sponsored programs. In addition, Executive Order 13021 requires that Federal departments and agencies submit all planned outreach efforts to be directed towards the Native American and Alaska Native communities; i.e., promoting and encouraging the development of language, culture, and traditions, and educational efforts directed towards early childhood development and elementary and secondary students. The Office of Civil Rights is responsible for submitting the Federal Highway Administration's information to the Departmental Office of Civil Rights for inclusion in the Department of Transportation submissions to White House Initiative on TCUs.
  • Disadvantaged Business Enterprise
  • Limited English Proficiency
    • Executive Order 13166 - Improving Access to Services for Persons with Limited English Proficiency
    • Federal Register Notice - United States Department of Transportation is publishing policy guidance on Title VI's prohibition against national origin discrimination as it affects limited English proficient persons.


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