JAN 22 2019 

Subject: Dismissal of Complaint DOT# 2019-0015 

Dear

1200 New Jersey Avenue, SE. 

Washington, DC 20590 

In Reply Refer to: HCR-20 

DOT# 2019-0015 

This letter is to infonn you that the Federal Higbway Administration (FHWA) Office of Civil 

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

be related to the Age Discrimination Act of 1975, as well as the Americans with Disabilities Act 

of 1990 and Section 504 of the Rehabilitation Act of 1973 (ADA/Section 504). To be accepted 

for investigation, a complaint must meet the jurisdictional requirements described in FHW A's 

Investigations Manual, which conforms to the U.S. Depaiiment of Justice's procedures and 

standards for investigating complaints of discrimination. First, the complaint must be in w1iting. 

Second, it must describe an alleged discriminatory act that, if true, would fall under FHWA's 

jurisdiction and potentially violate FHW A's nondiscrimination regulations. Finally, it must be 

filed within 180 calendar days of the alleged discriminatory act. 

You alleged that the Florida Depa1tment of Transportation (FDOT) "Widen Tpk-palm Beach C/1 

to Glades Rd" Project (project #4182141 ), particularly Alternative #10, would adversely, 

disparately impact your community-the West Lakes of Boca Raton, Inc., a cooperative senior 

(55+) housing corporation. Specifically, you alleged the Project would reroute emergency 

vehicle traffic, isolate your community, diminish property values, and harm air quality in your 

vicinity. You alleged these impacts would disparately affect your community on the bases of age, 

disability, and income status. 

However, after careful consideration, FHW A has detem1ined it will dismiss your complaint. 

First, FHWA does not have jmisdiction over complaints related to the Age Discrimination Act of 

1975. Second, FHW A does not have jw-isdiction over complaints related to income status, as no 

federal law administered by FHW A provides such a basis for filing nondiscrimination complaint. 

Finally, although FHW A does have jurisdiction over disability complaints related to the 

ADA/Section 504, the facts as alleged do not constitute a potential violation of the ADA or 

Section 504. FHW A wilJ continue to monitor and engage with FOOT to ensure compliance with 

nondiscrimination laws and regulations. For these reasons, this complaint will be dismissed by 

FHW A and closed with no further action. 
If you have any questions, please contact Nichole McWhorter at (202) 366-1 396. 

Sincerely, 

horterSharon Fiel

Title VI Team Leader ADA Team Leader 

Office of Civil Rights Office of Civil Rights 

Cc: James Christian, Divisioo Administrator, FHW A FL Division Office 

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

Carey Shepherd, Civil Rights Specialist, FHWA FL Division Office 

Jim Esselman, Senior Attorney-Advisor, FHW A Office ofChief Counsel 

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

Departmental Office of Civil Rights 

Sharon J. Field, ADA Team Leader, FHW A Office of Civil Rights 

Kevin Resler, National Title VI Program Coordinator, FHWA Office ofCivil Rights 

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