Companion Guide to Video December 2014

www.fhwa.dot.gov/federal-aidessentials

America's highway system touches the daily 

lives of everyone living in this country. 

Whether getting to work or the market, 

visiting a national park or family and friends 

our public roads take us there. 

The Federal Highway Administration, or 

FHWA, works with partner agencies such as 

State and local departments of 

transportation to design, construct and 

maintain our public highway systems. 

Together we ensure fair and equitable 

delivery of our programs and services. 

Therefore, public transportation agencies 

must comply with civil rights requirements 

established for these purposes. For Local 

public agencies, or LPAs, these 

requirements primarily include Title VI, 

Disadvantaged Business Enterprise, or 

DBE, and the Americans with Disabilities 

Act Section 504, or ADA/Section 504. 

Agencies that administer FHWA contracts 

must also ensure nondiscrimination on 

construction contracts. The FHWA 

administers civil rights requirements through 

its Title VI, DBE and ADA programs. Let's 

review each of these civil rights areas. 

Civil Rights

Overview of FHWA’s Civil Rights Program 

Requirements for Local Public Agencies

Public transportation agencies must comply with civil rights requirements
Federal-aid Essentials for Local Public Agencies

The Title VI program founded on Title VI of 

the Civil Rights Act requires that no one be 

denied benefits, services, or contracts on 

the basis of race, color, national origin, sex, 

age, disability, limited English proficiency, or 

low-income status. 

A successful Title VI program gives the 

public the assurance that agency services 

and resources will be allocated fairly and 

any negative transportation impacts shared 

equally. 

The Title VI program includes a signed 

agreement called “assurances” between 

your agency and the State department of 

transportation that obligates your agency to 

prevent discrimination in all its programs 

and activities. It also includes a system of 

compliance, monitoring, and enforcement 

that is typically contained in an 

implementation plan. 

Another program that promotes equal 

opportunity and diversity in the 

transportation industry is the DBE Program. 

This program gives socially and 

economically disadvantaged businesses 

equal opportunity to compete for and obtain 

federally funded contracts and business 

development opportunities. 

Agencies must set DBE participation goals, 

monitor program activities, and report levels 

of participation. When a contract includes a 

DBE goal, the agency must verify that its 

contractors have made an adequate goodfaith effort to provide DBEs subcontracting 

opportunities and that the DBE 

subcontractor is performing what is known 

as a necessary and commercially useful 

function on the project. 
Federal-aid Essentials for Local Public Agencies

The ADA/Section 504 Program administers 

civil rights protections for individuals with 

disabilities. 

Public agencies must ensure that their 

facilities are accessible to and usable by 

persons with disabilities regardless of 

whether federal funding is involved. 

Public agencies must conduct an inventory 

of their curb ramps, sidewalks, and other 

public rights-of-way facilities; identify those 

that are non-compliant; and develop a 

program access plan or transition plan for 

making corrections. Public agencies most 

also appoint an ADA coordinator and 

disseminate procedures that someone can 

follow when filing a complaint. 

Nondiscrimination on construction contracts 

is an Equal Employment Opportunity and 

Affirmative Action requirement that protects 

applicants and construction workers from 

discrimination based on race, color, national 

origin, religion, sex, age, and disability. 

Compliance prevents bias and promotes 

fairness in all subcontracting and 

employment practices including recruitment, 

hiring, training, and termination. 

Nondiscrimination on construction contract 

requires agencies to include an FHWAprovided nondiscrimination provision in 

Federal-aid contracts using Form FHWA1273. It also requires that agencies ensure 

prime contractors appoint an Equal 

employment opportunity officer and that 

prime and subcontractors disseminate a 

nondiscrimination policy and monitor 

personnel actions. 

Programs that protect and enforce the civil 

rights of individuals, businesses, and entire 
Federal-aid Essentials for Local Public Agencies

communities are priorities for the Federal 

Government. Every transportation agency 

receiving Federal-aid financial assistance 

must be unbiased in its actions. It must also 

promote fairness in all employment and 

contracting practices, and in making 

decisions allocating transportation services. 

Your agency's compliance with these civil 

rights program components is your agency’s

first line of defense against civil rights 

complaints, lawsuits, and the potential loss 

of FHWA financial assistance. For additional 

information on FHWA civil rights programs,

please continue to explore the any 

resources available on this website.
Federal-aid Essentials for Local Public Agencies

The content of this 

document is not a 

substitute for 

information obtained 

from State departments 

of transportation, 

appropriate FHWA 

Division Offices, and 

applicable laws. 

Scenarios have been 

simplified for emphasis 

and do not necessarily 

reflect the actual range of 

requirements applicable 

to the scenario or this 

topic. This document

was created under 

contract number 

DTFH63-11-F-00066 by 

the Federal Highway 

Administration, U.S. 

Department of 

Transportation, and is 

offered to the public to 

heighten and focus 

awareness of Federal-aid 

requirements within the 

local public agencies 

community and 

reinforces the 

importance of these 

necessary policies, 

procedures, and 

practices.

This Companion Resource 

is the script content for 

the video production of 

the same name. 

Additional Resources

• U.S. DOT’s authority to implement the Title VI program (49 CFR Part 21)

http://www.ecfr.gov/cgi-bin/textidx?c=ecfr&SID=d97e51bd9256adb823812a8fd4ca5238&tpl=/ecfrbrows

e/Title49/49cfr21_main_02.tpl

• FHWA’s authority to implement the Title VI program and related 

statutes (23 CFR Part 200)

http://www.ecfr.gov/cgi-bin/textidx?c=ecfr&SID=d97e51bd9256adb823812a8fd4ca5238&tpl=/ecfrbrows

e/Title23/23cfr200_main_02.tpl

• U.S. DOT’s authority to implement Disadvantaged Business Enterprise 

(DBE) program (49 CFR Part 26) 

http://www.ecfr.gov/cgi-bin/textidx?region=DIV1;type=boolean;c=ecfr;cc=ecfr;sid=14e071f96d5d61cb9d

2410ed56c59d3d;q1=dbe;rgn1=Section%20Heading;op2=and;rgn2=Secti

on;op3=and;rgn3=Section;view=text;idno=49;node=49%3A1.0.1.1.20;rgn

=div5

• Federal regulatory authority for the ADA related to nondiscrimination in 

State and local government services (28 CFR Part 35)

http://www.ecfr.gov/cgi-bin/textidx?c=ecfr&SID=d97e51bd9256adb823812a8fd4ca5238&tpl=/ecfrbrows

e/Title28/28cfr35_main_02.tpl

• Federal regulatory authority for Section 504 of the Rehabilitation 

Act (49 CFR Part 27)

http://www.ecfr.gov/cgi-bin/textidx?c=ecfr&SID=d97e51bd9256adb823812a8fd4ca5238&rgn=div5&view

=text&node=49:1.0.1.1.21&idno=49

• Link to FHWA Form 1273: Required Contract Provisions, Federal-aid 

Construction Contracts

http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf