What is a Title VI Site Review?

Office of Employee Services
Todd Sadler
Karen Kienast
Civil Rights Team Lead
Nikita Rainey
Title VI specialist
Steve Kerber
Title VI specialist
April 4, 2014
1. I.M. 1.070 issued to local public agencies
2. Title VI plans and agreements
3. Standard DOT Title VI assurances
What is Title VI?
• Federal law
Title VI of the Civil Rights Act of 1964 (42 United
States Code (U.S.C) § 2000d), is federal law.
• The essence of the law:
“No person in the United States shall on the ground of
race, color, or national origin be excluded from
participation in, denied the benefits of, or subjected
to discrimination under any program or activity
receiving federal financial assistance.”
Discrimination Defined
That act (or action) whether intentional or
unintentional, through which a person in the
United States, solely because of race, color,
religion, sex or national origin, has been
otherwise subjected to unequal treatment under
any program or activity receiving financial
assistance from the Federal Highway
Administration under Title 23 U.S.C. (23 CFR §
Disparate Treatment
• Treated differently on prohibited basis
• Obvious/Intentional Discrimination
• Policies/Rules applied inconsistently
• Examples: Contractor selection, specification
What is a Title VI Site Review?
• A formal on-site evaluation of subrecipients
to ensure compliance with Title VI
Why are Site Reviews Conducted?
• To ensure that Title VI polices and procedures
are being followed, and that subrecipients
meet the minimum standards of Title VI as
required by law.
• To ensure that federal funds utilized by
subrecipients does not result in discriminatory
practices/treatment, whether intended or
Why are Site Reviews Conducted?
• To verify what Sub-Recipients have provided to
Iowa DOT in writing. It’s documented, verifiable
evidence of what has been previously reported.
• To provide recommendations, and as necessary,
corrective actions and follow-up for identified
• To ensure compliance with any other contract
requirement that Iowa DOT has stipulated.
Parts of Review
• Compliance: Fulfilling obligation
• Process: Ensure process is in place
• Program: Comprehensive assessment
• Desk audits: Cursory desk inspection of pertinent
• On-site: Extensive/in-depth investigation of
program at program site
Sub-Recipients Responsibilities
1) Signed assurance
“Every [award of, or] application for Federal financial assistance shall, as a condition to its
approval and the extension of any Federal financial assistance pursuant to the [award or]
application, contain or be accompanied by an assurance that the program will be conducted or
the facility operated in compliance with all requirements imposed …” (49 CFR § 21.7)
2) Method of administration
(a) All federal-aid [sub]recipients are required to develop a system of procedures and
mechanisms to assure nondiscrimination in all its programs, activities and services, whether
federally funded or not.
“The Recipient shall provide for such methods of administration … to give reasonable
guarantee that it, other recipients, sub-grantees, contractors, subcontractors,
transferees, successors in interest, and other participants of Federal financial
assistance under such program will comply with all requirements imposed or pursuant
to the Act, the Regulations and this assurance” (USDOT Assurance #9); see also
49 CFR § 21.7(b) and 23 CFR § 200.5(p)
Sub-Recipients responsibilities
2) Method of administration--continued
a) Nondiscrimination Statement of Policy
—Express commitment to nondiscrimination obligation
policy signed by chief administrative officer
—Policy statement circulated throughout organization and
general public
b) Designate Title VI Coordinator or Specialist
—Outline role(s), responsibilities and authority
—Manage the day-to-day administration of program
—Knowledge of Title VI authorities, implementation
and application
Environmental Justice
Executive Order 12898
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
Limited English Proficiency (LEP)
Executive Order 13166
• Meaningful access to programs and services
• A person is considered to have LEP if they do
not speak English as their primary language
and if they have a limited ability to read,
speak, write or understand English
• Federal requirements supersede state and
What’s the Benefit of Compliance?
• Ensures that you are in full compliance
regarding your responsibility as a recipient of
federal aid funds.
• Builds Iowa communities who believe Title VI
compliance develops public transportation
policies that are considered and administered
in a nondiscriminatory manner FOR ALL.
In effect, Title VI Authorities …
• Promote fairness and equity in federally assisted
programs and activities
• Based on the fundamental principle that all human
beings are created equal
• Rooted in the constitutional guarantee that all human
beings are entitled to equal protection of the laws
• Address involvement of impacted persons in the decisionmaking process
Open Floor
Todd Sadler
Director, Employment Services
[email protected]
Karen Kienast
Civil rights team lead
[email protected]
Nikita Rainey
Title VI specialist
[email protected]
Steve Kerber
Title VI specialist
[email protected]

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