Title VI Mitigation Practices- State Transportation Agencies (STAs)

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Background- Title VI of the Civil Rights Act of 1964 (herein referred to as Title VI), prohibits discrimination based upon race, color, and national origin. Specifically, 42 USC 2000d states 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.” The use of the word “person” is important as the protections afforded under Title VI apply to anyone, regardless of whether the individual is lawfully present in the United States or a citizen of a State within the United States.

Equity in transportation continues to be a concern and has gained traction in recent years. The creation of more equitable opportunities for all stakeholders and outreach to the public for feedback on projects that impact their communities are just two examples of the Federal Highway Administration’s (FHWA) efforts to raise awareness of equity’s importance.

Title VI serves as the legal basis for most equity work in FHWA and is a part of the equity focus found in the Bipartisan Infrastructure Law[1] (BIL). BIL has opened the door for several exciting opportunities to further equity and Title VI. Exposure to Title VI provides specialized equity knowledge applicable to several projects planned over the next six (6) years.

The objective of the requirement is to provide a detailed understanding of Title VI mitigation practices of STAs for federally assisted construction contracts during federal fiscal years (FFYs) 2020 through 2024. The data from this research will inform the Headquarters Office of Civil Rights (HCR) on the current mitigation practices of STAs nationwide, as well as provide examples of mitigation practices that considered best practices. The final deliverable of the Contractor’s research, analysis, and data compilation will be a report of findings.

[1] Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58