TITLE VI

Nondiscrimination in the Federal-Aid Program

Nondiscrimination denotes the absence of disparate treatment or impact in federally-assisted programs and activities.

The Title VI/Nondiscrimination Program is governed by:

• Title VI of the Civil Rights Act of 1964 1987
• Civil Rights Restoration Act Other related nondiscrimination authorities

Title VI of the Civil Rights Act of 1964 
42 United States Code (U.S.C.)§2000d

Title VI is federal law and it states:
No person in the United States shall on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

The 1987 Civil Rights Restoration Act 
42 U.S.C.§2000d-4a

• Direct response to Grove City College v. Bell, 465 U.S. 555 (1984)
• Restored the original intent of Title VI to include all programs and activities of Federal-aid recipients and contractors whether federally funded or not
• Local, state- or federally-assisted activities of federal-aid RPO/MPOs

Other related Nondiscrimination Authorities

• 1973 Federal-Aid Highway Act (sex)
• Age Discrimination Act of 1975 (age)
• Section 504 of the 1973 Rehabilitation Act; and The Americans with Disabilities Act (ADA) of 1990 (disability)
• Uniform Act of 1970 (persons displaced & property acquired)
• Executive Order 12898 on Environmental Justice (EJ)
• DOT Order 5610.2a; FHWA Order 6640.23A; FTA Circular 4703.1
• Executive Order 13166 on Limited English Proficiency (LEP)
  • LEP Guidance for DOT Recipients
• NCDOT Title VI oversight responsibilities of MPO/RPOs stipulated in:
  • 49 C.F.R. 21 – DOT Title VI Regulation
  • 23 C.F.R. 200 – FHWA Title VI Program
  • FTA Circular C 4702.1B (Title VI)

What is Discrimination?

• Federal Highway Administration (FHWA):
  • That act (action or inaction), whether intentional or unintentional, through which a person in the United States solely because of race, color, national origin, sex, age, or disability is subjected to disparate treatment or impact, in any program or activity receiving Federal financial assistance from FHWA under 23 U.S.C.
• Federal Transit Administration (FTA):
  • Any action or inaction, whether intentional or unintentional, in any program or activity of a Federal aid recipient, subrecipient, or contractor that results in disparate treatment, disparate impact, or perpetuating the effects of prior discrimination based on race, color, national origin, sex, age, creed, or disability. (ADA/Section 504; 49 USC 5332)

Title VI Information

• UCPRPO Tiltle VI Agreement
  
• UCPRPO Tiltle VI Assurances
• UCPRPO Tiltle VI Adopted Plan
• UCPRPO Demographic Interactive Title VI Map

 

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