TRANSPORTATION

What is Title VI?

Title VI of the Civil Rights Act of 1964 is the Federal law that protects individuals and groups from discrimination on the basis of their race, color, and national origin in program and activities that receive Federal financial assistance.  However Federal Highway Administration (FHWA) reference to Title VI includes other civil rights provisions of Federal statutes and related authorities to the extent that they prohibit discrimination in programs and activities receiving Federal financial assistance.
 

What is Federal Financial Assistance?
Federal financial assistance means more than just money. It is an aid that enhances the ability to improve, or expand allocation of, a recipient's own resources. Examples include:

• Student aid (releases recipient's funds for other uses)
• Training of employees (permits better use of the employer's resources)
• Grants and Loans
• Property
• Loan of Personnel
• Tax incentives
• Technical assistance
   

What does Title VI do?  

• Prohibits entities from discriminatorily denying a protected individual any service, financial aid, or other benefit under the covered programs and activities.
• Prohibits entities from providing services or benefits to some individuals that are different from or inferior (in either quantity or quality) to those provided to others.
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• Prohibits segregation or separate treatment in any manner related to the receiving program services or benefits.
• Prohibits entities from imposing different standards or conditions as prerequisites for serving individuals.
• Encourages the participation of minorities as members of planning or advisory bodies for programs receiving Federal funds.
• Prohibits discriminatory activity in a facility built in whole or part with Federal funds.
• Requires information and services to be provided in languages other than English when significant numbers of potential beneficiaries have limited English speaking ability.
• Requires entities to notify the entire eligible population about programs.
• Prohibits locating facilities in a way that would limit or impede access to a Federally funded service or benefit.
• Requires assurance of nondiscrimination in purchasing of services.

What Title VI does not do?

• Does not apply to Federal assistance provided through insurance or guaranty contracts, (e.g. FHA loan insurance).
• Does not apply to employment, except where employment practices results in discrimination against program beneficiaries or where the purpose of the Federal assistance is to provide employment.
• Does not apply to direct benefit programs such as Social Security.

What "Programs or Activities" are covered by Title VI?
To ensure the broad, institution wide application of Title VI and other civil rights statutes Congress passed The Civil Rights Restoration Act of 1987. This act clarifies the definition of "programs and activities" covered by the nondiscrimination provisions of civil rights statutes. The revised definition states that discrimination is prohibited throughout an entire agency or institution, if any part of that agency or institution receives Federal financial assistance.

Title VI applies to discrimination throughout an agency, not just to actions involving the Federally assisted program. Therefore, if an agency receives any Federal financial assistance for any program or activity, the entire agency is required to comply with Title VI, not just that particular program.


How does Title VI apply to Public Policy?
Title VI is a mechanism that directs the federal financial assistance, which drives or promotes economic development. By legislative mandate, Title VI examines the following public policy issues:
 

Who must comply?

• State and local government agency distributing Federal assistance or entity distributing
  Federal assistance to the State or local government agency.
• College, university, or other post-secondary institution
• Local educational agency or system of vocational education, or other school system
• Entire corporation, partnership, or other private organization, or a sole proprietorship
• Entire private organization in education, housing, healthcare, etc.
• Entire plant or private corporation or other organization that is a geographically separate
  facility to which Federal financial assistance is extended.