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FHWA Order M1100.1A

Order
Subject
FHWA Delegations and Organization Manual
Classification Code Date  
M1100.1A May 30, 2002

Contents

FHWA DELEGATIONS AND ORGANIZATION MANUAL

PART II (ORGANIZATION AND FUNCTIONS)

Chapter 11 (Office of Civil Rights)

  1. What is the mission of the Office of Civil Rights? To manage and promote civil rights (CR) programs to ensure fair and equitable treatment of all persons employed or affected by FHWA and the programs and activities of its recipients, sub-recipients, and contractors irrespective of race, color, religion (in the context of employment), gender, national origin, age, or disability.
  2. What are the functions of the Office of Civil Rights?
    1. Advocacy. Provides national CR leadership, leveraging resources within and through a diverse array of partners to ensure that objectivity and proper evidentiary standards are applied in CR decisions. Actively promotes equal opportunity programs and functions.
    2. Strategic Planning and Quality. Coordinates the development of FHWA's CR strategic initiatives and monitors implementation. Ensures consistency with, and support of, the FHWA and DOT strategic goals which have CR implications. Establishes systems to monitor and measure the adequacy, impact, and effectiveness of programs, processes, functions, and initiatives. Establishes efficient monitoring systems which provide timely and relevant data.
    3. Legislative, Regulatory, Policy, and Guidance. Develops new legislation, regulations, policies, programs, initiatives, standards, and procedures; and analyzes and comments on the CR implications of proposed legislation, regulations, policy, guidance, and directives.
    4. Outreach and Consultation. Maintains liaison with the Departmental Office of Civil Rights (DOCR), other Federal agencies, minority and women's organizations, contractor associations, unions, American Indian tribal governments and organizations, disability rights advocates, and others to obtain their perspectives on proposals. Partners with resource centers and division offices to seek insights on proposals and to obtain input on needs. Works with the American Association of State Highway and Transportation Officials' Civil Rights Subcommittee, and the Transportation Research Board's Disadvantaged Business Enterprise (DBE), American Indian Issues, and Environmental Justice committees.
    5. Monitoring and Evaluation. In cooperation with the division offices, monitors the programs and activities of Federal-aid recipients; in partnership with recipients, monitors sub-recipients, contractors, subcontractors, material suppliers, vendors, involved unions, and consultants to determine compliance with applicable CR laws. Evaluates the effectiveness of jointly administered interagency and cooperative agreements, or Memoranda of Understanding (MOU). As warranted, conducts special reviews to determine compliance of recipients in response to certain complaints of discrimination with respect to program impacts. Conducts reviews of CR processes and program operations in the Washington Headquarters, field offices, surface transportation agencies, and others to determine adequacy, effectiveness, and impacts of FHWA CR requirements.
    6. Resource Management. Develops and implements annual plans for allocation and commitment of DBE and On-the-Job Supportive Services funds. Leverages training resources by involving FHWA's Washington Headquarters, resource centers, and division offices, and State agency personnel as trainers.
    7. Professional Development. Develops, adopts, assesses, and coordinates the presentation of training in CR concepts, programs, functions, and standards to increase the capability and capacity of FHWA, State, contractor, union, and American Indian tribal governments. Establishes and coordinates a CR "core curriculum" and standards for certification at the basic, intermediate, and advanced levels of CR program management.
    8. Technical Assistance. Provides technical assistance to Headquarters, and in partnership with the resource centers, to FHWA field staff on internal and external CR program issues.
    9. Lead Agency. Provides leadership and direction as Lead Agency in the Federal Transit Administration/Federal Railroad Administration/FHWA/DOT MOU on the review and approval of State internal EEO plans, and reviews of their implementation. Works cooperatively with the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) to prevent duplication consistent with the intent of the FHWA/DOT/OFCCP MOU. As appropriate, drafts other interagency agreements to more effectively meet CR program objectives.
    10. Interagency and Interdepartmental Cooperation. Through the DOCR, works with the appropriate offices of other Federal agencies to prevent and eliminate duplication, coordinate policy issuances, manage joint complaints, and leverage resources in areas of mutual interest.
    11. National Programs. In cooperation with other FHWA Headquarters offices, Departmental offices, and other Federal agencies, develops, coordinates, and issues regulations, policies, procedures, directives, guidance, and promotional materials to ensure equal opportunity, nondiscrimination, and, as appropriate, affirmative action, in external CR programs. Manages nondiscrimination programs, working with and through resource center and division office staff and where appropriate, directly with recipients to obtain compliance through negotiation, conciliation, persuasion, or enforcement if required. Includes, but is not limited to, the following nondiscrimination programs: Title VI of the 1964 Civil Rights Act, The Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, The Age Discrimination Act of 1975, and Title 23 U.S.C. 324.
    12. Recurring Task Forces or Permanent Committees. Convenes and provides administrative support for the FHWA DBE and ADA Work Groups. As appropriate, provides administrative support to the Historically Black Colleges and Universities and other Minority Institutions of Higher Education Task Forces, the Multi-year Affirmative Employment Plan Work Group, and the FHWA Indian Issues Coordinating Committee.
    13. Process Management. Incorporates new mandates into existing processes. Analyzes processes and, in partnership with CR practitioners, identifies aspects which may be modified or eliminated to continuously streamline and improve those processes.
    14. Informal Counseling. Manages and coordinates the informal counseling process for internal employment discrimination complaints. Provides training to FHWA's collateral duty EEO Counselors in current practices, including Alternative Dispute Resolution, to increase the likelihood of successful informal resolutions of employment discrimination complaints. Provides process advice to counselors, complainants, and FHWA managers to ensure objectivity of the process.
    15. Investigation or Special Reviews of External Complaints. Processes external program impact and disparate treatment discrimination allegations, including those involving allegations of environmental justice violations. Analyzes allegations, investigates or assigns complaints for investigation. Issues agency decisions and coordinates with the Department and other Federal agencies in cases involving mixed issues or overlapping jurisdiction. Investigates "class-action" and "pattern and practice" complaints filed against primary recipients. Partnering with resource centers and division offices, provides technical assistance to States on investigations of complaints filed against sub-recipients and contractors. As appropriate, outlines and monitors remedial actions to determine compliance with corrective action plans.
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