The Missouri Department of Transportation Title VI Program’s primary goal is to ensure all management staff, contractees, and service beneficiaries are aware of the provisions of Title VI and the responsibilities associated with Title VI of the Civil Rights Act of 1964. We are readily available to provide you with high quality technical assistance, resources, guidance, and any other information in regards to Title VI. Please do not hesitate to call our office for further assistance.
MoDOT Title VI Workshop and LEP Presentations
Title VI Plan Template (Microsoft Word)
What is Title VI?
Title VI of the Civil Rights Act of 1964 is a Federal law that prohibits discrimination on the basis of race, color, and national origin in Federally assisted programs and activities. The law specifically states:
"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 be subjected to discrimination under any program or activity receiving Federal financial assistance."
The U.S. DOT’s Title VI Program is not limited to prohibitions of Title VI of the Civil Rights Act of 1964. Other nondiscrimination authorities include:
- The 1970 Uniform Act (42USC 4601)
- Section 504 of the 1973 Rehabilitation Act (29 USC 790)
- The 1973 Federal-aid Highway Act (23USC 324)
- The 1975 Age Discrimination Act (42USC 6101)
- Executive Order 12898 on Environmental Justice (EJ)
- Executive Order 13166 on Limited English Proficiency (LEP)
The Title VI Program ensures no person shall be excluded from participation in, or is denied the benefits of, or is subjected to discrimination under any program or activity receiving Federal financial assistance from MoDOT on the grounds of race, color, age, sex, disability or national origin.
What is Federal Financial Assistance?
Federal financial assistance means more than just money. It is also aid that enhances the ability to improve or expand allocation of a recipient’s own resources.
- Student aid (releases recipient’s funds for other uses)
- Training of employees (permits better use of the employer)
- Grants and loans, tax-exempt bonds
- Loan of personnel
- Tax incentives and tax-exempt status
- Technical assistance, etc.
What does Title VI do?
- Prohibits entities from denying an individual any service, financial aid, or other benefit because of race, color or national origin
- Prohibits entities from providing a different service or benefit, or providing these in a different manner from those provided to others under the program
- Prohibits segregation or separate treatment in any manner related to receiving program services or benefits
- Prohibits entities from requiring 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 beneficiaries are of limited English speaking ability
- Requires entities to notify the respective population about applicable programs
- Prohibits locating facilities in any way that would limit or impede access to a Federally funded service or benefit
- Requires assurance of nondiscrimination in purchasing of services
What does Title VI 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
- Does not apply only to contracts and set-aside programs
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. Examples: (1)(A) a department, agency, special purpose district, or other instrumentality of a state or local government; or (B) the entity of such state or local government that distributes such assistance and each such department or agency (and each other state or local government entity) to which the assistance is extended, in the case of assistance to a state or local government; (2)(A) a college, university, or other postsecondary institution, or a public system of education; or system of vocational education, or other school system.
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:
- Accessibility for all persons
- Accountability in public funds expenditures
- Disparate impact
- Economic empowerment
- Environmental Justice
- Infrastructure development
- Minority participation in decision making
- Program service delivery
- Public-Private partnerships in part or who with public funds
- Site and location of facilities
Who must comply?
- State and local government: Agency distributing Federal assistance or entity distributing Federal assistance to the state or local government entity
- Higher education: college, university, or other post-secondary institution
- Local education agency or system of vocational education, or other school system
- An entire corporation, partnership, or other private organization, or an entire sole proprietorship
- The entire plant or private corporation or other organization which is a geographically separate facility to which Federal financial assistance is extended
How does Title VI apply to MoDOT?
MoDOT is committed to ensuring that projects, programs and services are performed without discrimination, under Title VI. To accomplish this, MoDOT functional units are responsible for ensuring nondiscrimination within their activities and programs.
This is accomplished by:
- Incorporation of Title VI/Nondiscrimination requirements into appropriate manuals, directives, and regulations relating to the function units area of operation
- Incorporation of Title VI/Nondiscrimination requirements into the designing and planning phases of project development
- Development of procedures to advise beneficiaries of all nondiscrimination laws
- Maintain documentation of beneficiaries nondiscrimination activities
- Ensure that manpower and budget appropriations are adequate to accomplish nondiscrimination commitments
- Ensure that Federally funded contracts with consulting firms contain Title VI/Nondiscrimination assurances and the consultants comply with the assurances
- Encourage Disadvantaged Business Enterprise (DBE) participation in their program area
The Title VI/Nondiscrimination plan and program responsibilities include:
- Monitor Title VI/Nondiscrimination compliance by conducting Title VI reviews of cities, counties, consultants, contractors, suppliers, universities, colleges, planning agencies and other recipients of Federal financial assistance
- Conduct Title VI investigations, when necessary
- Submit an annual update summarizing nondiscrimination accomplishments and planned activities to the appropriate Federal Agencies
- Provide technical assistance to department personnel, consultants, and subrecipients
- Provide training to all MoDOT staff and consultants on Title VI and non-discrimination laws and procedures
- Review the Title VI/Nondiscrimination activities of each program to ensure compliance with nondiscrimination requirements
- Consult with and keep the Director of Transportation informed on Title VI/Nondiscrimination Programs activities