Investigating External Complaints of Discrimination
The FHWA has jurisdiction to investigate complaints of discrimination filed under Title VI of the Civil Rights Act of 1964 (Title VI) and related statutes, and Title II of the Americans with Disabilities Act of 1990 (ADA).
FHWA and State Highway Agency (SHA) investigators gather relevant evidence in order to make an accurate finding of compliance or non-compliance with the law. At the completion of the investigation, the investigator prepares an Investigative Report and file which includes all the relevant facts and documents obtained during the investigation. The Investigative Report also includes a finding for each issue and recommendations for corrective action, if appropriate. The investigative file is forwarded to the FHWA Headquarters Office of Civil Rights for review and issuance of a Final Agency Decision.
All Final Agency Decisions and dismissals are issued by the FHWA Headquarters Office of Civil Rights, including all ADA decisions that are processed by the FHWA. Decisions issued by the FHWA are final.
NOTE:
- Complaints filed under Title VI and related statues against a SHA are investigated by the FHWA Headquarters Office of Civil Rights.
- Complaints filed under Title VI and related statues against a SHA's sub-recipient or contractor are investigated by the SHA.
- Complaints filed under the ADA are investigated by the FHWA Division Offices and SHAs.
Contacts/phone numbers/email addresses
Thalia Williams
(202) 366-1595
Rhoda Cannon
(202) 366-3384
Michael Wilson
(202) 366-1106
Authorities
Title II of the Americans with Disabilities Act of 1990 (http://www.access-board.gov/about/laws/ada.htm)
Title VI of the Civil Rights Act of 1964, as amended (http://www.usdoj.gov/crt/cor/coord/titlevistat.htm)
Section 504 of the Rehabilitation Act of 1973, as amended (http://www.dotcr.ost.dot.gov/Documents/ycr/REHABACT.HTM)
The Age Discrimination Act of 1975, as amended (http://www.dol.gov/oasam/regs/statutes/Age_act.htm)
The Federal-aid Highway Act of 1973, as amended (http://www.usdoj.gov/crt/cor/byagency/dot324.htm)
The Civil Rights Restoration Act of 1987 (http://www.fhwa.dot.gov/environment/ejustice/facts/restoration_act.htm)
Executive Order 12250 – "Leadership and Coordination of Nondiscrimination Laws" (http://www.usdoj.gov/crt/cor/ byagency/eo12250.htm)
Title 28, Code of Federal Regulations, Part 35 – "Nondiscrimination on the Basis of Disability in State and Local Government Services" (http://www.ada.gov/reg2.html)
Title 49, Code of Federal Regulations, Part 21 – "Nondiscrimination in Federally-Assisted Programs of the DOT – Effectuation of Title VI of the Civil Rights Act of 1964" (http://www.access.gpo.gov/nara/cfr/waisidx_07/49cfr21_07.html)
– Refer to 49 CFR 21.11 (Conduct of investigations)
Title 49, Code of Federal Regulations, Part 27 – "Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance"
http://www.access.gpo.gov/nara/cfr/waisidx_03/49cfr27_03.html
– Refer to 49 CFR 27.123 (Conduct of investigations)
Title 23, Code of Federal Regulations, Part 200 – "Title VI Program and Related Statues – Implementation and Review Procedures" (http://www.access.gpo.gov/nara/cfr/waisidx_02/23cfr200_02.html)
– Refer to 23 CFR 200.9(b)(3) (State Highway Agencies responsibilities)
Guidance
Memorandum: Processing Complaints Filed Under Title VI and the ADA
FHWA External Complaint Processing Procedures Manual
DOT Order 1000.12 – "Implementation of the DOT Title VI Program"
– Provides guidance and procedural instructions for all modal administrations on processing Title VI complaints
U.S. DOJ's Title VI Legal Manual (http://www.usdoj.gov/crt/cor/Pubs/manuals/legalman.html)
U.S. DOJ's Investigation Procedures Manual for Investigation and Resolution of Complaints Alleging Violations of Title VI and Other Nondiscrimination Statutes (http://www.usdoj.gov/crt/cor/Pubs/manuals/complain.html)
ADA Title II Technical Assistance Manual (http://www.usdoj.gov/crt/ada/taman3.html)
ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) (http://www.access-board.gov/adaag/html/adaag.htm)
Useful Links
U.S. Department of Justice (http://www.usdoj.gov)
U.S. Access Board (http://www.access-board.gov/)
