1200 New Jersey Avenue, SE

Washington,DC 20590 

In Reply Refer to: HCR-20 

DOT# 2020-0051 

Subject: Dismissal ofComplaint DOT# 2020-0051 

Dear

This lener 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 VJ of the Civil Rights Act of 1964, the U.S. Department ofTransportation 

(USDOT) Title VI implementation regulations at 49 C.F.R. Prut 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 national origin in programs and activities receiving Federal 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 VI Leg:al 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 FHW A. Finally, the complaint must describe an alleged discriminatory act 

or acts that, if true, would fall under FHWA's jurisdiction and potentiaJly violate FHWA's Title 

VJ regulations. 

You allege that Superior Construction (Superior), a prime contractor working for the Tennessee 

Department ofTransportation (TDOT), intentionally discriminated against you and your 

company, n the basis ofrace. You allege that you had 

disagreed with Superior's interpretation o your subcontract terms. ~ n May 30, 2019, you 

allege that you and a Superior Manager argued at the jobsite about - s performance, and 

the Manager used a racial slur in reference to you and your employees. Finally, you allege that 

Superior terminated its subcontract with your company for the project several days after the 

argument. 

After careful consideration. FHW A has detem1ined 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 infom1ation is insufficient to show that the stray remark 

from a Superior employee described in your complaint would constitute adequate evidence of 

discriminatory intent to tenninate your firm because of race. color, or national origin. For these 
reasons, this complaint will be dismissed by FHWA and closed with no further action regarding 

Title VI. 

However, the allegations in your complaint also raise issues regarding the Disadvantaged 

Business Enterprise (DBE) program. As such, your complaint will be referred to the DBE Team 

in the FHW A Office of Civil Rights for consideration under the DBE regulations. 

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

Sincerely, 

Nichole McWhorter 

Title VI Team Leader 

Office ofCivil Rights 

cc: Pamela Kordenbrock, Division Administrator, FHWA TN Division Office 

Sabrina David, Assistant Division Administrator, FHWA TN Division Office 

Joi Hamilton-Jones, Civil Rights Program Specialist, FHW A TN Division Office 

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

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

Departmental Office ofCivil Rights 

Martha Kenley, DBE and Contractor Compliance Team Leader, FHWA Office ofCivil 

Rights 

David Chandler, DBE Program Analyst, FHW A Office ofCivil Rights 

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

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