1200 NewJersey Avenue, SE.

Washington, DC 20590 OCT 2 4 2019 

In Rep ly Refer to: HCR-20 

DOT# 2019-0327 

Subject: Dismissal ofComplaint DOT# 2019-0327 

Dear

This letter is to inform you that the Federal Highway Administration (FHWA) Office of Civil 

Rights has determined that it will dismiss the above complaint, which alleges violations that may 

be related to Title VI of the Civil Rjghts Act of 1964, the U.S. Department ofTransportation 

(USDOT) Title VI implementation regulations at 49 C.F.R. Part 21 and/or FHWA's Title Vl 

regulations at 23 C.F.R. Part 200 (hereinafter Title VJ). Title Vl prohibits discrimination on the 

basis ofrace, color, or national origin in programs and activities receiving Federal financial 

assistance. 

To be accepted for investigation, a complaint must meet the j urisdictional requirements provided 

by 49 C.F.R. § 21 . 11 , as well as the legal standards discussed in the U.S. Department ofJustice 

Title Vl Legal Manual. First, complaints must be filed within 180 calendar days ofthe alleged 

discriminatory act, unless the time for filing is extended by FHW A. Second, the matters must 

concern recipients of federal financial assistance for a program or programs authorized under a 

law administered by FHWA. Finally, the complaint must describe an al leged discriminatory act 

or acts that, iftrue, would fall under FH W A's jurisdiction and potentially violate FHWA' s Title 

vr regulations. 

In two separate complaints filed with the FHWA, you allege the Florida Department of 

Transportation (FDOT) violated Title VI by intentionally discriminating against you and your 

firm in FDOT's administration of your firm 's prequalification status. First, you allege FOOT 

refused to correct your firm 's Small Business designation on the Procurement Office Prequalified Consultants web site. Second, you allege FOOT removed your firm from its qualified 

consultants list and did not accept your request to be listed as "pending" in the public list. 

After careful consideration, FHW A has determined the allegations and facts in your complaint 

do not meet the minimum criteria under which FHWA could establish a case ofdisparate 

treatment under Title VI. The available information is insufficient to show contemporaneous 

statements from decision-makers that expresses discriminatory intent based on race, color, or 

· nationa l origin. Likewise there is insufficient information to support a claim that other, similarly 

situated firms with owners ofa different race, color, or national origin received more favorab le 

treatment than your firm. For these reasons, this complaint wi II be dismissed by FHWA and 

closed with no further action. 
If you have any questions, please contact Nichole McWhorter at (202) 366-1396. 

Sincerely, 

Nichole Mc Whorter 

Title VI Team Leader 

Office of Civil Rights 

cc: James Christian, Division Administrator, FHWA FL Division Office 

David Hawk, Chief Operating Officer, FHW A FL Division Office 

Carey Shepherd, Civil Rights Program Coordinator, FHW A FL Division Office 

Jim Esselman, Senior Attorney-Advisor, FHW A Office of Chief Counsel 

Yvette Rivera, Associate Director, Equal Employment Opportunity Programs Division, 

Departmental Office of Civil Rights 

Kevin Resler, National Title VI Program Coordinator, FHW A Office of Civil Rights 

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