Rochester-Olmsted Council of Governments (ROCOG) Title VI Non-Discrimination and Limited English Proficiency Plan

 
 

As a sub-recipient of federal funds, ROCOG is subject to the requirements of Title VI and the associated laws and orders related to non-discrimination. Guidance on how to meet the intent of these statutes is provided through Federal Transit Administration (FTA) Circular FTA C 4702.1B issued in October, 2012.  ROCOG staff has prepared the Rochester-Olmsted Council of Governments (ROCOG) Title VI Non-Discrimination and Limited English Proficiency Plan consistent with the guidance of Circular C 4702.1B.  The plan establishes the measures and steps ROCOG will follow in its administration and management of Title VI-related activities.  It also provides guidance to ensure that individuals with Limited English Proficiency have meaningful access to the transportation planning process.   A draft copy of the 2017 update of the Title VI Non-Discrimination and Limited English Proficiency Plan can be found at the following link:

Title VI Non-Discrimination and the Limited English Proficiency Plan (Updated 2017) (2.31 MB)

Title VI of the Civil Rights Act of 1964 prohibits federal agencies and sub-recipients of federal funds from discriminating on the basis of race, color or national origin.  Succeeding laws and Presidential Executive Orders added sex, age, income status and disability to the criteria for which discrimination is prohibited.  These laws have included: 

• THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 prohibits unfair and inequitable treatment of persons displaced or whose property will be acquired as a result of federal and federal‐aid programs and projects.
• THE FEDERAL AID HIGHWAY ACT OF 1973 states that no person shall, on the grounds of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance under this title or carried on under this title.
• SECTION 504 OF THE REHABILITATION ACT OF 1973 states that no qualified disabled person shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from federal financial assistance. This Act protects qualified individuals from discrimination based on their disability.
• THE AGE DISCRIMINATION ACT OF 1975 states that no person shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. This act prohibits age discrimination in Federally Assisted Programs.
• THE CIVIL RIGHTS RESTORATION ACT OF 1987, P.L.100‐209 amends Title VI of the 1964 Civil Rights Act to make it clear that discrimination is prohibited throughout an entire agency if any part of the agency receives federal assistance.
• THE AMERICAN DISABILITIES ACT (ADA) OF 1990 prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.

To further clarify rights protected by Title VI, President Clinton, on August 11, 2000, issued Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency. EO 13166 required each federal agency to examine its programs and activities and to develop and implement plans by which Limited English Proficient (LEP) persons can meaningfully access those programs and activities. That Executive Order includes the statement below:

“Each Federal Agency shall prepare a plan to improve access to its federally conducted programs and activities by eligible LEP persons. Each plan shall be consistent with the standards set forth in the LEP Guidance, and shall include the steps the agency will take to ensure that eligible LEP persons can meaningfully access the agency’s programs and activities.”

Executive Order 12898, promulgated by President Clinton in 1994, directs federal agencies and recipients of federal funding to address “environmental justice” in the use of federal funding, ensuring that the impacts of funding decisions are equitably distributed across an urban area independent of income and race. To meet federal standards of environmental justice, the impacts of infrastructure investment must not adversely affect lower income or minority neighborhoods disproportionately. The following statement summarizes the focus of this EO:

“Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Fair treatment means that no group of people, including a racial, ethnic, or socioeconomic group, should bear a disproportionate share of the negative environmental consequences resulting from …. the execution of federal, state, local, and tribal programs and policies”