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Civil Rights Program

Nondiscrimination

The FHWA Civil Rights staff enforces several Federal civil rights laws and regulations, in addition to Executive Orders, that prohibit discrimination in programs or activities of FHWA recipients/subrecipients/contractors. A few of these are noted below:

(Title VI of the Civil Rights Act of 1964), Requires each Federal agency to ensure that 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.

(Civil Rights Restoration Act of 1987), Amends Title IX (Prohibition of Sex Discrimination) of the Education Amendments of 1972 to define the phrase "program or activity" and the term "program" to mean all of the operations of the following entities, any part of which is extended Federal financial assistance: (1) a department, agency, special purpose district, or other instrumentality of a State or local government; (2) a State or local government agency which distributes such assistance and the agency or department to which such assistance is extended; (3) a college, university, or other postsecondary institution, or public system of higher education; (4) a local educational agency, system of vocational education, or other school system; and (5) a corporation, partnership, or other private organization. It states that such terms do not include any operation of an entity which is controlled by a religious organization.

It also amends the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Civil Rights Act of 1964 to define the phrase "program or activity" to mean all of the activities of the aforementioned entities.

Corresponding regulations:

49 CFR Part 21 - applicable to any program or activity administered under USDOT financial assistance

23 CFR Part 200 - guidelines for implementing a Title VI program under FHWA financial assistance

Update to Agency regulations:

(Title 23 USC Section 324) No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance under this title or carried on under this title.

(Section 504 of the Rehabilitation Act of 1973 – 49 CFR Part 27), No otherwise qualified individual with a disability in the United States, as defined in section 7(20), shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.

(Age Discrimination Act of 1975), No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.

(Title II of the Americans with Disabilities Act of 1990), Subtitle A of title II of the Americans with Disabilities Act, Pub. L. 101-336, prohibits discrimination on the basis of disability by public entities. Subtitle A protects qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It extends the prohibition of discrimination in federally assisted programs established by section 504 of the Rehabilitation Act of 1973 to all activities of State and local governments, including those that do not receive Federal financial assistance, and incorporates specific prohibitions of discrimination on the basis of disability from titles I, III, and V of the Americans with Disabilities Act ( prohibiting disability discrimination by public entities, whether or not they receive Federal financial assistance).

(Executive Order 12898 (Environmental Justice), Each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations in the United States and its territories and possessions, the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Mariana Islands.

Corresponding policies/guidance:
FHWA Order on Environmental Justice

FHWA Washington Division Environmental Justice "What You Should Know" Guidance

(Executive Order 13166 (Limited English Proficiency-LEP), Each Federal agency shall examine the services it provides and develop and implement a system by which LEP persons can meaningfully access those services consistent with, and without unduly burdening, the fundamental mission of the agency. Each Federal agency shall also work to ensure that recipients of Federal financial assistance (recipients) provide meaningful access to their LEP applicants and beneficiaries.

Corresponding LEP policies/guidance:
US Dept. of Justice

USDOT Proposed Rule (currently being updated)

Compliance with LEP

 

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Page last modified on May 9, 2014.
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000