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Civil Rights/Affirmative Action
Complaint Process
The New Jersey Department of Transportation (NJDOT) will investigate written complaints
(pdf 21k) that have been filed by any person or class of persons who believe they have been subjected to discrimination or
retaliation based on race, color, sex, age, national origin, low income or disability.
To file a complaint, an individual or his/her representative should:
- write and sign the complaint. Include the complainant’s name, address and telephone number.
- initiate the filing no more than 180 days after the date of the alleged act of discrimination; the date when the individual(s)
became aware of the alleged discrimination; or where there has been a continuing course of conduct, the date that the conduct was discontinued or
the latest instance of the conduct.
These procedures do not preclude any agency from attempting to resolve issues and complaints that are non-written, e.g., sexual harassment.
Complaints must detail the facts and circumstances of the alleged discrimination.
NJDOT will use procedures approved by the Federal Highway Authority (FHWA) to investigate complaints filed directly with the Department against
contractors and sub-recipients. This is in accordance with
23 CFR 200.9(b) (3). Complaints filed directly with
NJDOT against the Department must be forwarded to FHWA for investigation.
The Director of the Division of Civil Rights and Affirmative Action (DCR/AA) will acknowledge in writing the receipt of every complaint filed with
the Department within ten business days of receiving it. If additional information is required, the Director will extend the response time by ten
business days. If the complaint is rejected, the Director will inform the complainant of the appropriate appeal authority and set up a timeline for
an appeal.
With the complainant’s consent, and in the best interests of all parties involved in the complaint, attempts may be made to resolve the matter
informally. However, if the complainant is dissatisfied with NJDOT’s decision, he or she may bring the matter to the attention of the FHWA, US
Department of Transportation (USDOT) and the US Department of Justice (USDOJ).
If the complaint has merit, the Title VI/EJ Specialist will supervise a thorough investigation and submit a written Report of Findings to the
Department’s Director of DCR/AA determination.
Within 60 days of the receipt of the complaint, NJDOT will notify the complainant of the Department’s findings, the proposed disposition of the
matter, the avenues available for appeal and the timeline to appeal if there is dissatisfaction with the Department’s decision. The proposed remedy
will include the actions necessary to correct and prevent future occurrences.
NJDOT will issue letters of findings for all investigations processed or develop informal settlements for all complaints processed. In accordance
with regulations at 23 CFR 200, NJDOT will forward a copy of the complaint and a copy of the State’s report of the investigation to the FHWA
Division Office within 60 days of the date the complaint was received. The FHWA may grant an extension of an additional 60 days for justifiable
reasons. NJDOT has the responsibility to periodically inform the FHWA Division Office of the status of all complaints.
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