TITLE VI ESSENTIALS
 

 

 

 

denied the benefit f b subjected to discriminati und s o , or e on er 

TITLE VI - INTRODUCTION

What is the law?

“No person in the United States shall, on the ground of race, 

color, or national origin, be excluded from participation in, be

denied the benefits of, or be subjected to discrimination under 

any program or activity receiving Federal financial assistance.”

Title VI of the Civil Rights Act of 1964; 42 U.S.C. § 2000d, et seq. 

2
 

 

 

 

 

Civil Rights Laws

TITLE VI - INTRODUCTION

Relationship between 

Title VI and Other Non-Discrimination

Civil Rights Laws

• Civil Rights Act of

1964

Title VI Other Titles:

e.g. Title VII • Title IX of the Education

• Uniform Relocation Amendments of 1972

Assistance and Real • 23 U.S.C. § 324 – NonProperty Acquisition discrimination on basis of

Policies Act of 1970 sex in transportation

• EO 12898 – EJ programs

• EO 13166 – LEP

• Americans With

Disabilities Act

• Age Act of 1975

3
 

 

TITLE VI - INTRODUCTION

23 C.F.R. § 200.5(p) Title VI Program. The system of requirements

developed to implement Title VI of the Civil Rights Act of 1964. 

References in this part to Title VI requirements and regulations shall 

not be limited to only Title VI of the Civil Rights Act of 1964. Where 

appropriate, this term also refers to the civil rights provisions of other 

Federal statutes to the extent that they prohibit discrimination on the

grounds of race, color, sex, or national origin in programs receiving 

Federal financial assistance of the type subject to Title VI itself.

4
 

 

 

 

 

 Rejected 1984 Supreme Court 

TITLE VI - INTRODUCTION

What is the law?

Civil Rights Restoration Act of 1987

 Rejected 1984 Supreme Court 

decision in Grove City College v. Bell 

(465 U.S. 555)

 Amended Title VI definition of

“programs and activities” to restore 

expansive coverage

5
Restoration Act Title VI Coverage by Entity Type*

All of the operations of:

(1)(A) a department, agency, special purpose

district, or other instrumentality of a State or

of a local government; or

(B) the entity of such State or local 

government that distributes such assistance

and each such department or agency... to 

which the assistance is extended,...

. . . any part of which is extended Federal 

financial assistance.

State or Local Government Educational Institution

All of the operations of: 

(2)(A) a college, university, or other postsecondary 

institution, or a public system of higher education; 

or

(B) a local educational agency (as defined in Section 

8801 of Title 20), system of vocational education, or

other school system;

... any part of which is extended Federal financial 

assistance. 
 

 

 

 

 

 

 

assistance through State DOT, then entire road and highway transportation 

TITLE VI - INTRODUCTION

Civil Rights Restoration Act of 1987: Examples

1. If city, county, or other local public agency (LPA) receives FHWA financial 

assistance through State DOT, then entire road and highway transportation 

program for LPA covered by Title VI, but not activities unrelated to the

road and highway program. 

For Title VI to apply to LPA’s other programs and activities, LPA would need 

to receive federal financial assistance from another federal agency. E.g. if

city receives funding from (1) FHWA for highways and roads and (2) the 

U.S. Department of Justice for police training, then Title VI would apply to

the city’s highways and road and police programs and activities. 

7
 

 

 

 

 

fund nd the distribute it t the internal d tments the s a n s o o r epar , 

TITLE VI - INTRODUCTION

Civil Rights Restoration Act of 1987: Examples

2. However, if an LPA office receives federal financial assistance

funds and then distributes it to other internal departments, the

receiving office is covered by Title VI as well as the internal 

departments. 

For example, if a city mayor’s office distributes FHWA funding to 

the city’s transportation department, then Title VI applies to the

mayor’s office and the city transportation department.

8
 

 

 

 

 

 

(2001)

TITLE VI - INTRODUCTION

What is the case law?

Alexander v. Sandoval, 532 U.S. 275

(2001)

U.S. Supreme Court Held the Title VI statute

does not allow for private lawsuits based on 

disparate impact. The private right of action is 

only for disparate treatment. 

9
 

 

 

TITLE VI - INTRODUCTION

What is the case law?

Alexander v. Sandoval (cont.)

However, the Court recognized federal agencies may pass disparate impact regulations, which are 

enforceable under administrative law by those agencies. Therefore:

 Persons may file complaints with federal agencies against recipients;

 Federal agencies may initiate compliance reviews; and

 Federal agencies may find recipients non-compliant, resulting in potential loss of federal funding. 

Why is this important? Recipients have used Sandoval to argue federal agencies lack authority (jurisdiction) 

over disparate impact discrimination. 

10
 

 

 

 

 

TITLE VI - INTRODUCTION

What is the law? – Excepted Activities

Title VI generally does not apply to:

1. Employment practices unless the primary purpose of the federal financial 

assistance is to provide employment. 

2. Activities of the federal government, itself. 

11
 

 

 

interpreted the Equal Protection Clause of the 

TITLE VI - BASICS

Who is protected?

Title VI applies to all “persons.” Courts have

interpreted the Equal Protection Clause of the

Fourteenth Amendment and analogous 

language in civil rights laws to mean that Title 

VI protects all persons in the United States. 

Applies to direct and indirect effects on those

persons.

12
 

 

regulations define a recipient as:

TITLE VI - BASICS

What is a recipient?

A recipient is an entity that receives financial assistance from a federal agency. The

regulations define a recipient as:

“...any State, territory, possession, the District of Columbia, or Puerto Rico, or any political subdivision thereof, or 

instrumentality thereof, any public or private agency, institution, or organization, or other entity, or any individual,

in any State, territory, possession, the District of Columbia, or Puerto Rico, to whom Federal financial assistance is 

extended, directly or through another recipient, including any successor, assignee, or transferee thereof, but such 

term does not include any ultimate beneficiary.” 

13
TITLE VI - BASICS

What is a recipient? (cont.)

Recipient entities that administer a federally-assisted program and are 

Primary authorized or required to extend federal financial assistance to other 

recipients. For FHWA, state transportation authorities (STAs) are the most 

common. Subject to 49 C.F.R. Part 21 and 23 C.F.R. Part 200. Recipi ts Recipients

Subrecipients

 

en recipients. For FHWA, state transportation authorities (STAs) are the most 

Recipient entities that administer a federally-assisted program and receive 

federal financial assistance from primary recipients. For FHWA, cities, 

counties, and MPOs are the most common. Subject to 49 C.F.R. Part 21. 

14
TITLE VI - BASICS

Contractors

 

 

 

carry out an inherently governmental function. E.g. if a firm is 

Private entities under contract with a state, local, or federal entity to 

perform services or furnish goods. See 2 C.F.R.§ 200.330.

Private entities are considered recipients/subrecipients only if they 

carry out an inherently governmental function. E.g. if a firm is 

awarded a state DOT contract to construct or design a road project, it

would not be considered a recipient. However, if a firm carries out

policymaking (not merely making recommendations or requesting

contract changes), it may be considered a recipient.

15
TITLE VI - BASICS

Contractors 

 

 

 

 

If a contractor is a recipient, then the appropriate Title VI regulations apply. 

If a contractor is not a recipient, prohibited from discrimination under Title VI 

through USDOT Order No. 1050.2A. Enforced through contract sanctions by 

recipients. Also, FHWA may find the recipient in noncompliance if it fails to monitor 

and enforce Title VI through contract remedies. 

Takeaway: most private entities that provide goods and services for FHWA 

recipients/subrecipients are considered contractors. 

Where an entity does not fit squarely into the subrecipient “test,” the federal

agency must use its judgment. The regulations stress that the substance of the 

relationship, rather than the governing instrument (e.g. contract, agreement, etc.) is 

what matters. 

16
 

 

 

 

 

2. Responsible Title VI Coordinator with easy access to leadership. 23 CFR § 200.9(b). 

KEY STATE REQUIREMENTS

1. Implementation Plans: States “shall annually submit an updated Title VI implementing plan 

to the Regional Federal Highway Administrator for approval or disapproval.” 23 CFR §

200.9(b)(11).

2. Responsible Title VI Coordinator with easy access to leadership. 23 CFR § 200.9(b). 

3. Internal program area reviews / Data Collection and Analysis. 23 CFR § 200.9(b)(4-5). 

4. Subrecipient Reviews. 23 CFR 200.9(b)(7). Also required for Title VI per 28 C.F.R § 42.410: 

“Each state agency administering a continuing program which receives federal financial assistance 

shall be required to establish a Title VI compliance program for itself and other recipients which 

obtain federal assistance through it.”

17
KEY STATE REQUIREMENTS

5. Complaint processing. 23 CFR 200.9(b)(3).

https://www.fhwa.dot.gov/civilrights/programs/title_vi/titleviqa.cfm

6. Internal training for State Program Managers. 23 CFR 200.9(b)(9).

7. Limited English Proficiency Plan. Executive Order 13166

(implementing Lau v. Nichols, 414 U.S. 563 (1974), which held disparate

impact based on language access can constitute national origin

discrimination).

18
 

 

C.F.R. P t 21 the required ar , y are to 

KEY LOCAL PUBLIC AGENCY REQUIREMENTS

Regulations do not provide many express 

requirements for Local Public Agencies 

(LPAs), however, as Recipients subject to 49

C.F.R. Part 21, they are required to 

provide “methods of administration” to

give FHWA a “reasonable guarantee” of

compliance. 49 C.F.R. § 21.7(b). 

19
 

 

 

 

KEY LOCAL PUBLIC AGENCY REQUIREMENTS

At a minimum, LPAs must:

• Submit annual signed Title VI Assurances to the State DOT and insert 

language from DOT Order 1050.2A into all contracts and agreements.

• Designate a responsible point of contact to coordinate Title VI efforts.

• Route complaints

• Collect demographic data on their programs and activities.

• Conform to state (primary) recipient’s policies and procedures and 

coordinate with risk-based review process.

20