1200 New Jersey Avenue, SE. 

Washington. DC 20590 

APR 3 0 2019 ln Reply Refer To: HCR-20 

DOT# 2018-0308 

Subject: Dismissal of Complaint DOT# 2018-0308 

This 

Dearletter is to inform you that the Federal Highway Administration (FHW A) 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 Rights Act of 1964, the U.S. Department of Transportation 

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

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

basis of race, color, or nationaJ origin in programs and activities receiving FederaJ financial 

assistance. To be accepted for investigation, a complaint must meet the jurisdictional 

requirements provided by 49 C.F.R. §21.11, as well as the legal standards discussed in the U.S. 

Department of Justice Title YI Legal Manual. First, complaints must be filed within 180 calendar 

days from the date of the alleged discriminatory act, w1less the time for filing is extended by 

FHWA. 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 alleged discriminatory act or acts that, if true, would fall under FHW A's jurisdiction 

and potentially violate FHWA's Title VI regulations. 

ln your complaint and in interviews with FHW A, you stated that your vehicle broke down on 1-

95 Southbound near Milford, CT, and you stayed overnight for approximately 16 hours at the 

Allentown Service Center while you arranged to repair your vehicle. You alleged that 0, R, & L 

Facilities Services (Contractor), a private entity wider contract with Connecticut Department of 

Transportation (Respondent) prime contractor Project Service, LLC, discriminated against you 

on the basis of race when the Contractor requested that you leave the premises and referred to 

you as a "vagrant." Evidence showed the Contractor's subcontractor, a Subway restaurant, 

contacted the Connecticut State Police to remove you from the premises of the service center. 

Upon review, the Respondent did not have policies and procedures regarding rest area patron 

conduct and discipline. The FHWA Connecticut Division and the FHWA Office of CiviJ Rights 

requested that the Respondent create new policies and procedures for its rest areas to ensure 

compliance with Title VI and equitable treatment of patrons, generaJly. The Respondent drafted 

policies and procedures to: 

l.eeDefine the roles and responsibilities of rest area vendors,ee
2. Define acceptable and unacceptable behavior for patrons, 

3. Describe the process for affecting remedies by the vendors, and 

4. The requirements for vendors to provide notice to patrons and document 

any actions. 

If implemented, the Respondent's draft policies and procedures appear sufficient to ensure fair 

and equitable treatment at the Respondent's rest areas. The FHWA Connecticut Division Office 

will continue to provide stewardship and oversight regarding these policies, as well as the 

Respondent's overall Title VI program. 

After careful consideration, the FHWA will dismiss this complaint with no further action. Ifyou 

have any questions, please contact Nichole McWhorter at (202) 366-1396. 

Sincerely, 

Nichole McW orter 

Title VI Team Leader 

Office ofCivil Rights 

Cc: Amy D. Jackson-Grove, Division Administrator, FHWA Connecticut Division Office 

Michelle Hilary, Assistant Division Administrator, FHWA Connecticut Division Office 

Michael Chong, Civil Rights Specialist, FHWA Connecticut Division Office 

James Esselman, Senior Attorney-Advisor, FHWA Office ofthe Chief Counsel 

Kevin Resler, National Title VI Program Manager, FHWA Office of Civil Rights 

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

Office ofCivil Rights 

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