America's Highway system touches the daily lives of
everyone living in the United States. Whether getting to work or the market,
visiting a national park or family and friends our public roads take us there.
The Federal Highway Administration, or FHWA,
works with partner agencies such as State and Local Departments of
Transportation
that design construct and maintain our public highway systems.
Together we ensure fair and equitable delivery of our programs
activities and services. Therefore,
public transportation agencies must comply with civil rights requirements
established for these purposes.
For Local Public Agencies, or LPAs,
these requirements primarily include Title VI,
Disadvantaged Business Enterprise, or DBE,
and Americans with Disabilities Act Section 504,
or ADA/Section 504. Agencies that administer FHWA contracts must also
ensure nondiscrimination on construction contracts.
The FHWA administers civil rights requirements through its Title VI,
DBE and ADA programs. Let's review
each of these civil rights areas. The Title VI program founded on
Title VI of the Civil Rights Act of 1964,
requires that no one be denied benefits, services,
or contracts on the basis of race, color,
national origin, sex, age, disability,
limited English proficiency, or low-income status.
A successful Title VI program gives the public the assurance
that agency services and resources will be allocated fairly
and any negative transportation impacts shared equally.
The Title VI program includes a signed agreement called Assurances
between your agency and the State Department of Transportation
that obligates your agency to prevent discrimination in all its programs and
activities.
It also includes a system of compliance, monitoring, and enforcement actions
which is typically contained in an Implementation Plan.
Another program that promotes
equal opportunity and diversity in the transportation industry
is the DBE Program. This program gives socially and economically disadvantaged
businesses
equal opportunity to compete for and obtain Federal Highway funded contracts
and business development opportunities.
Agencies must set DBE participation goals,
monitor program activities, and report levels of participation.
When a contract includes a DBE goal,
the agency must verify that its contractors have made an adequate
"good faith effort" to provide DBEs subcontracting opportunities
and that the DBE subcontractor is performing a necessary and
Commercially Useful Function on the project.
The ADA/Section 504 Program administers civil rights protections for individuals
with disabilities.
Public agencies must ensure that their facilities are accessible to
and usable by persons with disabilities
regardless of whether federal funding is involved.
Public agencies must conduct an inventory of their curb ramps,
sidewalks, and other public rights-of-way facilities; Identify those that are
non-compliant;
and develop a program access plan or Transition Plan
for making corrections.
Public agencies most also appoint an ADA Coordinator and disseminate procedures
that someone can follow
when filing a complaint.
Nondiscrimination on construction contracts is an Equal Employment
Opportunity and Affirmative Action requirement
that protects applicants and construction workers from discrimination
based on race,
color, national origin, religion, sex,
age, and disability.
Compliance prevents bias and promotes fairness
in all subcontracting and employment practices including recruitment,
hiring, training, and termination.
Nondiscrimination on construction contract requires
agencies to include an FHWA provided nondiscrimination provision
in federal-aid contracts using Form FHWA-1273.
It also requires that agencies ensure prime contractors appoint an Equal
Employment Opportunity Officer
and that prime and subcontractors disseminate a nondiscrimination policy
and monitor personnel actions.
Programs that protect and enforce the civil rights of individuals,
businesses, and entire communities
are priorities for the Federal Government.
Every transportation agency receiving federal-aid financial assistance must be
unbiased in its actions. It must also promote fairness in all employment and
contracting practices,
and in making decisions allocating transportation services.
Your agency's compliance with these civil rights program components
is its first line of defense against civil rights complaints,
lawsuits, and the potential loss of FHWA financial assistance.
For additional information on FHWA civil rights programs
please continue to explore the many resources available
on this website.