Equal Access Program

Title VI Assessment & Implementation Plan

Defining Title VI:

Title VI of the Civil Rights Act of 1964, is a Federal law that protects individuals from discrimination on the basis of their race, color, or national origin in programs that receive Federal financial assistance 42 U.S.C. §2000d. An amendment to the Federal Highway Aid Act of 1973 added gender as another basis for nondiscrimination under Title VI. The general requirements of Title VI are contained in 23 CFR Part 200. These requirements require a recipient like CDOT to assure that it will not, for example, either directly or through contractual means:

• Discriminate in its selection and retention of contractors to perform duties and services related to highway construction, planning or research activities, design or location, property management or other commitments related to highway construction on the basis of their race, color, national origin, or sex;
• Locate, design or construct a highway in a manner that denies reasonable access or use to any person on the basis of race, color, national, origin, or sex;
• Discriminate against minorities and/or low income populations by not addressing or attempting to avoid or mitigate high and disproportionate impacts which result from decisions to design or locate highway facilities;
• Discriminate against eligible persons in relocation selection or payments and in providing relocation advisory assistance where relocation is necessitated by highway right-of-way acquisitions on the basis of their race, color, national origin, or sex;
• Distribute federal funds to sub-recipients, i.e., counties, cities, transit agencies, etc. without proper assurances of non-discrimination and Title VI compliance;
• Deny the public appropriate participation in CDOT activities or programs in violation of Title VI.;

This list is not exhaustive and it is impossible to provide a complete list of situations where Title VI would apply. If it appears that a Title VI issue may be present the Title VI Coordinator should be consulted.

Contact the CDOT Title VI Coordinator for the following issues:

• Title VI complaints: Generally, a signed, written complaint should be filed within 180 days of the date of the alleged discrimination.
• Title VI training needs and technical support.
• Questions regarding Title VI and monitoring.
• LEP Assistance: If no one is available in your area the Coordinator may be able provide someone who speaks the foreign languages and has experiences in assisting with LEP to help you.

CDOT’s Title VI Program

CDOT’s Policy 604: Non-discrimination in Federally Funded Programs Policy sets out CDOT’s policy of nondiscrimination in all programs and activities, whether those programs and activities are federally or non-federally funded. CDOT is also responsible for ensuring that other entities that receive funds from CDOT also comply with Title VI. The Center for Equal Opportunity through its Title VI Coordinator monitors all program areas throughout CDOT to ensure that all CDOT activities are conducted in a nondiscriminatory manner and that appropriate procedures are in place to collect data indicating such compliance. Two other Title VI issues are Environmental Justice and Limited English Proficiency. Both are described below.

Title VI and Environmental Justice (EJ) Environmental Justice is a reaffirmation of Title VI. A 1994 Presidential Executive Order 12898 directed every Federal agency to make environmental justice part of its mission by identifying and addressing the effects of all programs, policies and activities on “minority populations and low-income populations.” In order to comply with this order, FHWA in turn ordered state agencies like CDOT to appropriately address the concerns of such individuals potentially affected by highway operations and activities. Low income and minority populations must appropriately be involved in the development of projects that fit harmoniously within their communities without sacrificing safety or mobility. CDOT has adopted Title VI EJ Guidelines which set out CDOT standards for EJ during the NEPA environmental documentation process. A quick review of EJ is contained in our EJ: Frequently Asked Questions (FAQs).

Title VI and Limited English Proficiency (LEP) Limited English Proficiency is a term used to describe individuals who do not proficiently speak or understand the English language. Colorado is home to many such individuals. Executive Order (E.O.) 13166, Improving Access to Services for Persons With Limited English Proficiency, August 2000 is directed at implementation of protections afforded by Title VI of the Civil Rights Act of 1964 to these individuals. CDOT is committed to providing all individuals affected by CDOT activities with meaningful access to programs and services regardless of their language barrier.

www.coloradointerpreters.org

Filing a Title VI Complaint

If you are in need of the protection offered under Title VI, contact the Title VI Coordinator or your regional Civil Rights Manager. Complaints may be filed by any individual or group who believes that:

• Their rights under Title VI have been violated in a discriminatory manner.
• Their rights under environmental justice have been violated in a discriminatory manner.
• They have been treated in a disparate manner because of their race, color or national origin, gender or income status.

Title VI Complaint Procedure

CDOT Title VI Coordinator:

If it appears that a Title VI issue may be present the Title VI Coordinator should be consulted. The Title VI Coordinator is the position designated by the Executive Director within the CDOT’s Center of Equal Opportunity charged with the lead role in Title VI policy development, interpretation of statutory and regulatory requirements and assistance in implementation of Title VI and Environmental Justice requirements throughout CDOT.

Cecelia Garcia , Title VI Specialist
4201 East Arkansas Avenue, Suite 200
Denver, Colorado 80222
(303)-512-4144
E-mail: Cecelia.Garcia@dot.state.co.us