Compliance & Enforcement of Title VI Program 2015 Symposium
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Actions that are
undertaken to effect
compliance with the
Title VI Program
requirements
4
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#
9
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Efforts to assure nondiscrimination must address, but not
be limited to:
p
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,
treatment, services, contracting opportunities,
training opportunities, investigation of complaints,
allocation of funds, prioritization of projects and
t
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Complaint investigations, reviews,
monitoring, compliance & enforcement
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Programs & special emphasis areas
Subrecipients & State program directives
Pre-award & post-award/grant applications
6
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•
Traditional v. Multidisciplinary
•
Multidisciplinary Process
7
M
E
M
O
Strategies to implement Title VI Program have
traditionally focused on achieving compliance
through compliance reviews;
Compliance approach is less effective in most
cases
Limits compliance to areas in noncompliance
Noncompliance discovered too late for remedy
May lead to adversarial situations
Multidisciplinary (TEAM) approach goes beyond
compliance to include intent of the laws.
8
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9
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P
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C
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S
S
Secure Chief Administrative Officer’s (CAO)
support and that of discipline lead;
Create a Team involving every program office
including CAO or representative;
Team meets and establish objective(s);
Identify issue/area of vulnerability or need;
Analyze issue;
Prepare plan of action;
11
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Formulate strategies & implement the plan;
Establish roles and responsibilities;
Assess plan from time to time and make adjustments;
Meet periodically;
Maintain awareness;
Evaluate progress/course of action/results.
12
E
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“
Great achievements are not born from a
single vision but a combination of many
distinctive viewpoints. Diversity challenges
assumptions, opens minds and unlocks
our potential to solve effectively any
problem we may face
.” - Anonymous
S
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•
Renewed Interest
•
Procedures For Effectuating
Compliance
13
R
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N
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W
E
D
I
N
T
E
R
E
S
T
DOJ MEMOS
March 4, 2009 Memo to Agency Senior
ARRA Officials and Civil Rights
Directors for Federally Assisted
programs
July 10, 2009 Memo to Federal Agency
Directors & General Counsels
August 19, 2010 Memo to Federal
Funding Agency Civil Rights Directors
September 8, 2010 Correspondence to
DOE’s Assistant Secretary For Civil
Rights
September 27, 2010 memo to Heads
of Departments and Agencies
Providing FFA
14
M
A
R
C
H
4
,
2
0
0
9
M
E
M
O
Issued by Acting Assistant Attorney General, Loretta
King to Agency Senior ARRA Officials and Civil Rights
Directors for Federally Assisted programs;
F
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s
.
15
J
U
L
Y
1
0
,
2
0
0
9
M
E
M
O
Issued by Acting Assistant Attorney General, Loretta
King, to Federal Agency Civil Rights Directors and
General Counsels;
Renewed commitment to strengthening enforcement of
Title VI
;
Reminder that certain federal agency documents related
to civil rights, including Title VI, must be reviewed and
cleared by DOJ
;
Examine anew all aspects of its compliance program
;
Submit to the CRD for litigation Title VI cases.
16
A
U
G
U
S
T
1
9
,
2
0
1
0
M
E
M
O
Issued by Assistant Attorney General, Thomas Perez to
Federal Agencies Civil Rights Directors;
Related to Title VI Coordination and Enforcement;
Expressed
commitment to work “to vigorously enforce
Title VI to prevent, root out, and address intentional and
unintentional discrimination by recipients of taxpayer
assistance.”
Restructuring
of the former Coordination and Review
Section (now
Federal Compliance and Coordination
Section (FCS))
to increase its capacity to assist federal
agencies in Civil Rights enforcement work.
17
S
E
P
T
E
M
B
E
R
8
,
2
0
1
0
L
E
T
T
E
R
Issued by Assistant Attorney General, Tom Perez to DOE
Assistant Secretary for Civil Rights, Russlynn Ali;
About Title VI coverage of Religiously Identified Groups
Title VI does not prohibit discrimination on the basis of
religion; however,
discrimination of members of religious
groups violates Title VI when discrimination is based on
group’s actual or perceived shared ancestry or ethnic
attributes rather than its members’ religious practice;
That
Title VI also prohibits discrimination against an
individual based on actual or perceived citizenship or
residency in a country whose residents share a dominant
religion or distinct religious identity.
18
S
E
P
T
E
M
B
E
R
2
7
,
2
0
1
0
M
E
M
O
Issued by Attorney General, Eric Holder, to
heads of Executive Departments and Agencies
providing federal financial assistance;
Encouraging agencies to take all necessary
steps to ensure that ARRA funds are spent in a
manner that exclude or otherwise discriminate
against any individual pursuant to Title VI and
other nondiscrimination laws
.
19
F
H
W
A
A
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Issued on May 27, 2010
Memo to DAs & DFSs
Emphasized the critical
importance of
STAs complying with all
nondiscrimination laws
and regulations,
and
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20
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•
Actions to Effect Compliance
21
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Any other means authorized by law
Refer to DOJ to enforce Federal
law, assurance or contractual
obligation
Utilize applicable proceedings
under state or local law
(
49 CFR 21.13
)
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Minimum Considerations
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Strategies
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Minimum
Considerations
Be proactive!!
At a minimum:
Provide training;
Technical assistance;
Public education;
Community Outreach;
Data collection &
analysis
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Full employment of systematic multidisciplinary
approach;
Frequent Title VI/Nondiscrimination training;
Regular/periodic TEAM meetings;
Periodic reviews and evaluations;
Develop public involvement strategies
according to situation at hand;
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Create an atmosphere of trust and respect;
Empower the Community by listening, and
providing prompt response to inquiries;
Establish a two-way free and frank line of
communication with the public;
Maintain proper statistical, income and
demographic data;
Document, Document, Document.
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HCR-led Title VI Compliance Reviews
The new USDOT Title VI Assurances & Nondiscrimination
Provisions (DOT 1050.2A)
Updating Regulations and revising guidance documents
The Multidisciplinary Approach To Title VI Program
Implementation
Increase in training, technical assistance, webinars, and
the development of e-learning tools to facilitate
understanding of requirements and effect effective
implementation of Title VI Program
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What Constitute Compliance and Enforcement
of FHWA’s Title VI Program
Discuss An Effective Approach to Implementing
the Title VI Program
Identify Procedures to Effect Compliance
Recognize Efforts to Strengthen and Sustain
Sound Implementation
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Questions
Concerns
Comments
Suggestions
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This content discusses the compliance and enforcement of the Title VI program, reviewing what constitutes compliance, effective implementation approaches, enforcement actions, methods of administration, and recipient requirements. It also covers key aspects such as compliance with regulations, enforcement procedures, and recipient obligations in ensuring nondiscrimination in programs and services.
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COMPLIANCE & ENFORCEMENT OF TITLE VI PROGRAM 2015 HDOT Civil Rights Symposium Thursday January 29, 2015 Honolulu International Airport Interisland Conference Center Mohamed Sulaiman Dumbuya FHWA Resource Center Title VI Specialist 1
LEARNING OUTCOMES Review What Constitute Compliance and Enforcement of FHWA s Title VI Program Discuss An Effective Approach to Implementing the Title VI Program Identify Procedures to Effect Compliance Recognize Efforts to Strengthen and Sustain Sound Implementation 2
TITLE VI COMPLIANCE Compliance with Title VI is a satisfactory condition when a recipient [or subrecipient] has effectively implemented all of the Title VI requirements or can demonstrate that every good faith effort toward achieving this end has been made (23 CFR 200.5(d)). COMPLIANCE 3
TITLE VI ENFORCEMENT Actions that are undertaken to effect compliance with the Title VI Program requirements ENFORCEMENT 4
METHODS OF ADMINISTRATION Federal-aid recipients and subrecipients are required to develop procedures and mechanisms (Methods of Administration) to ensure nondiscrimination in all their programs, activities and services (49 CFR 21.7(b)(2); DOT 1050.2A #9) Efforts to assure nondiscrimination must address, but not be limited to: program's impact upon access, benefits, participation, treatment, services, contracting opportunities, training opportunities, investigation of complaints, allocation of funds, prioritization of projects and the functions of planning, project development, design, right-of- way acquisition, construction, research etc. 5
RECIPIENT REQUIREMENTS Signed Assurance Adequately Staffed Civil Rights Unit Title VI Program Coordinator & Title VI Specialist/Manager Implementation Plan Training Program Develop Procedures Complaint investigations, reviews, monitoring, compliance & enforcement Deficiency resolution; data collection and analysis; Outreach/Public Involvement Conduct Reviews Programs & special emphasis areas Subrecipients & State program directives Pre-award & post-award/grant applications KEY REQUIREMENTS 6
THE MULTIDISCIPLINARY APPROACH Traditional v. Multidisciplinary Multidisciplinary Process 7
MEMO Strategies to implement Title VI Program have traditionally focused on achieving compliance through compliance reviews; Compliance approach is less effective in most cases Limits compliance to areas in noncompliance Noncompliance discovered too late for remedy May lead to adversarial situations Multidisciplinary (TEAM) approach goes beyond compliance to include intent of the laws. 8
TRADITIONAL v. MULTIDSISCIPLINARY APPROACH Traditional Approach Multidisciplinary Approach Comments A variety of disciplines working together to develop a strategic approach to prevent Title VI issues (After the Fact) Reviews Preventive and proactive Compliance-laden & Rigid Review > Deficiencies > Recommendations > Response > Follow up Multidisciplinary Approach lends itself to flexibility and opportunity to make adjustments as necessary Beyond compliance Reactive To Regulations, etc. Looks at the program as a whole strengths, areas to improve; ongoing assessments and adjustments in a team context Proactive and holistic Diverse perspective results in sound program better serves the transportation needs of the public Intra-disciplinary Single Disciple or Office [Inter]Multidisciplinary involving diverse disciplines Reduces vulnerability by stressing inclusion of all affected by program to greatest extent If correctly implemented, will demonstrate recipient s proactive attempt at meeting spirit of the law May not reduce recipient s vulnerability Contributes little of nothing to preventing project delays/disruptions If properly implemented, may reduce/eliminate delays, disruption or cancellations MDA most likely to anticipate and address issues before they rise to level of formal action 9
MULTIDISCIPLINARY PROCESS Secure Chief Administrative Officer s (CAO) support and that of discipline lead; Create a Team involving every program office including CAO or representative; Team meets and establish objective(s); Identify issue/area of vulnerability or need; Analyze issue; Prepare plan of action; 10
MULTIDISCIPLINARY PROCESS CONTINUED Formulate strategies & implement the plan; Establish roles and responsibilities; Assess plan from time to time and make adjustments; Meet periodically; Maintain awareness; Evaluate progress/course of action/results. 11
ESSENCE OF MULTIDISCIPLINARY APPROACH Great achievements are not born from a single vision but a combination of many distinctive viewpoints. Diversity challenges assumptions, opens minds and unlocks our potential to solve effectively any problem we may face. - Anonymous 12
STRENGTHENING ENFORCEMENT Renewed Interest Procedures For Effectuating Compliance 13
RENEWED INTEREST March 4, 2009 Memo to Agency Senior ARRA Officials and Civil Rights Directors for Federally Assisted programs July 10, 2009 Memo to Federal Agency Directors & General Counsels August 19, 2010 Memo to Federal Funding Agency Civil Rights Directors September 8, 2010 Correspondence to DOE s Assistant Secretary For Civil Rights September 27, 2010 memo to Heads of Departments and Agencies Providing FFA DOJ MEMOS 14
MARCH 4, 2009 MEMO Issued by Acting Assistant Attorney General, Loretta King to Agency Senior ARRA Officials and Civil Rights Directors for Federally Assisted programs; Federal Agencies and recipients and subrecipients of FFA must distribute and use ARRA funds in accordance with all nondiscrimination mandates including Title VI; A summary of civil rights obligations of Federal agencies providing assistance including recipients and subrecipients of that assistance; Notice should be posted on Agency s website and all relevant websites. 15
JULY 10, 2009 MEMO Issued by Acting Assistant Attorney General, Loretta King, to Federal Agency Civil Rights Directors and General Counsels; Renewed commitment to strengthening enforcement of Title VI; Reminder that certain federal agency documents related to civil rights, including Title VI, must be reviewed and cleared by DOJ; Examine anew all aspects of its compliance program; Submit to the CRD for litigation Title VI cases. 16
AUGUST 19, 2010 MEMO Issued by Assistant Attorney General, Thomas Perez to Federal Agencies Civil Rights Directors; Related to Title VI Coordination and Enforcement; Expressed commitment to work to vigorously enforce Title VI to prevent, root out, and address intentional and unintentional discrimination by recipients of taxpayer assistance. Restructuring of the former Coordination and Review Section (now Federal Compliance and Coordination Section (FCS)) to increase its capacity to assist federal agencies in Civil Rights enforcement work. 17
SEPTEMBER 8, 2010 LETTER Issued by Assistant Attorney General, Tom Perez to DOE Assistant Secretary for Civil Rights, Russlynn Ali; About Title VI coverage of Religiously Identified Groups Title VI does not prohibit discrimination on the basis of religion; however, discrimination of members of religious groups violates Title VI when discrimination is based on group s actual or perceived shared ancestry or ethnic attributes rather than its members religious practice; That Title VI also prohibits discrimination against an individual based on actual or perceived citizenship or residency in a country whose residents share a dominant religion or distinct religious identity. 18
SEPTEMBER 27, 2010 MEMO Issued by Attorney General, Eric Holder, to heads of Executive Departments and Agencies providing federal financial assistance; Encouraging agencies to take all necessary steps to ensure that ARRA funds are spent in a manner that exclude or otherwise discriminate against any individual pursuant to Title VI and other nondiscrimination laws. 19
FHWA ASSOCIATE ADMINISTRATOR FOR CIVIL RIGHTS MEMO Issued on May 27, 2010 Memo to DAs & DFSs Emphasized the critical importance of STAs complying with all nondiscrimination laws and regulations, and [Division Offices] oversight and enforcement responsibilities Emphasis on Title VI Program Oversight 20
PROCEDURES FOR EFFECTING COMPLIANCE Actions to Effect Compliance 21
ACTIONS IN THE EVENT OF NONCOMPLIANCE Found in noncompliance; Voluntary or Informal Compliance Sought First Suspension or termination of Federal financial assistance Refusal to grant or continue federal financial assistance Any other means authorized by law Refer to DOJ to enforce Federal law, assurance or contractual obligation Utilize applicable proceedings under state or local law (49 CFR 21.13) Actions 22
STRATEGIES TO ASSURE NONDISCRIMINATION Minimum Considerations Strategies 23
MINIMUM CONSIDERATIONS Be proactive!! At a minimum: Provide training; Technical assistance; Public education; Community Outreach; Data collection & analysis Minimum Considerations 24
STRATEGIES Full employment of systematic multidisciplinary approach; Frequent Title VI/Nondiscrimination training; Regular/periodic TEAM meetings; Periodic reviews and evaluations; Develop public involvement strategies according to situation at hand; 25
STRATEGIES CONTD. Create an atmosphere of trust and respect; Empower the Community by listening, and providing prompt response to inquiries; Establish a two-way free and frank line of communication with the public; Maintain proper statistical, income and demographic data; Document, Document, Document. 26
OTHER EFFORTS TO STRENGTHEN TITLE VI IMPLEMENTATION HCR-led Title VI Compliance Reviews The new USDOT Title VI Assurances & Nondiscrimination Provisions (DOT 1050.2A) Updating Regulations and revising guidance documents The Multidisciplinary Approach To Title VI Program Implementation Increase in training, technical assistance, webinars, and the development of e-learning tools to facilitate understanding of requirements and effect effective implementation of Title VI Program Focus on tangible results rather than mundane process 27
REVIEW OF LEARNING OUTCOMES What Constitute Compliance and Enforcement of FHWA s Title VI Program Discuss An Effective Approach to Implementing the Title VI Program Identify Procedures to Effect Compliance Recognize Efforts to Strengthen and Sustain Sound Implementation 28
OPEN FLOOR Questions Concerns Comments Suggestions 29
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