Reductions in Transit Service or Increases in Fares: Civil Rights, ADA, Regulatory, and Environmental Justice Implications (2011) / Chapter Skim
Currently Skimming:
Pages 5-13
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 5... ...
The primary law is Title VI of the Civil Rights Act of 1964.11 Section 601 of Title VI prohibits intentional discrimination caused by disparate treatment, whereas Section 602 deals with discrimination resulting from policies and actions that have disparate impact on minorities and others protected by Section 602 and the regulations issued pursuant thereto.12 Section 601 provides that "[n] o 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."13 Regardless of a transit system's motivation, decisions affecting minority riders must be made in compliance with Title VI.
|
From page 6... ...
A recipient of federal funds may not directly or indirectly take actions that would substantially impair the accomplishment of the objectives of Title VI or the regulations promulgated pursuant thereto.23 As the FTA has advised, the implementation of reductions in transit services or increases in fares that disproportionately affect minority communities are examples of actions with potentially disparate impact.24 As will be seen in Section II.E, infra, which discusses the FTA's guidance regarding compliance with Title VI, "[e] very application for Federal financial assistance to carry out a program to which this part applies" must submit assurances that the applicant will comply with Title VI; assurances may be required from subgrantees, contractors, and others identified in the regulation.25 States and state agencies receiving federal funds must give assurances of compliance with Title VI as well and that all recipients are compliant.26 The regulations set forth the type of compliance information required27 and include procedures regarding Title VI complaints and investigations,28 a procedure for effecting compliance,29 hearings,30 and decisions and notices,31 as well as judicial review.32 Recipients of federal funds may implement policies or take actions that have disparate impacts if the policies or actions have substantial legitimate justification, if there are no comparably effective alternative practices that would result in less disparate impacts, and if the justification for the policy or action is not a pretext for discrimination.33 23 See id.
|
From page 7... ...
. Key terms are defined in the 2007 FTA Circular, including discrimination, disparate impact, disparate treatment, and minority persons.
|
From page 8... ...
that are direct recipients of FTA funds must do so every 4 years.54 In addition to the recipient, a state department of transportation (DOT) must certify every 3 years its compliance with Title VI.55 MPOs who are direct recipients of FTA report to the FTA as provided in Chapter II, otherwise to their direct recipient, for example, the state DOT.56 Finally, the circular describes how FTA will respond to Title VI discrimination complaints filed with the FTA against a recipient or subrecipient of FTA funds and sets forth FTA's procedures when FTA determines that a recipient is not in compliance with Title VI.57 Several provisions of the circular address the quality or level of service.58 In the Circular, the term "adverse effect" is defined broadly and includes "destruction or disruption of the availability of public and private facilities and services" and "the denial of, reduction in, or significant delay in the receipt of benefits of DOT programs, policies, or activities."59 Chapter IV of the FTA circular sets forth the general requirements and guidelines that recipients must follow to assure that they are Title VI–compliant.
|
From page 9... ...
. Although there is no specific federal statute applicable to transit agencies regarding disparate impact on 79 An Overview of Transportation and Environmental Justice 2, available at http://www.fhwa.dot.gov/environment/ ej2000.htm (Last visited Sept.
|
From page 10... ...
ssess the alternatives available for people affected";95 and describe actions proposed to "minimize, mitigate, or offset effects…on minority and low-income populations."96 A recipient must "[d] etermine which, if any of the proposals under consideration would have a disproportionately high and adverse effect on minority and lowincome riders."97 As stated, the circular allows recipients to develop a local evaluation procedure.98 In Chapter V of the circular, the FTA recommends that if a recipient conducts a survey on customer demographics and travel patterns, information should be collected on riders' income or income range.99 In sum, federal law requires recipients of federal funds such as transit agencies to avoid, minimize, or mitigate the disparate impact of their decisions and activities on low-income populations.100 92 FTA Title VI Circular, http://www.fta.dot.gov/laws/circulars/leg_reg_5956.html, at ch.
|
From page 11... ...
ndividuals who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English…."112 As such, they are entitled to language assistance under Title VI with respect to any "service, benefit, or encounter."113 The 2007 FTA Title VI Circular defines LEP persons as those persons "for whom English is not their primary language and who have a limited ability to speak, understand, read, or write English," including "people who reported to the U.S. Census that they do not speak English well or do not speak English at all."114 The USDOT LEP Policy Guidance informed recipients that they must "take reasonable steps to ensure meaningful access to their programs and activities by LEP persons" by making "an individualized assessment that balances four factors,"115 the language of which differs somewhat from the foregoing DOJ LEP Policy 108 Id.
|
From page 12... ...
early and continuous opportunities for the public to be involved in the identification of social, economic, and environmental impacts of proposed transportation decisions."127 Recipients must implement USDOT's policy guidance regarding their responsibility to LEP persons to overcome barriers to public participation.128 Effective practices include "[u] sing locations, facilities, and meeting times that are convenient and accessible to low-income and minority communities"129 or "different meeting sizes or formats, or varying the type and number of news media used to announce public participation opportunities, so that communications are tailored to the particular community or population."130 Nevertheless, recipients have "wide latitude" regarding what measures are appropriate.131 Although there is no specific guidance regarding whether or how to conduct a public hearing, the guidance does suggest that among the documents that should be translated by a recipient are notices of public hearings regarding changes in services or benefits.132 A prior notification should be given by appropriate means in the language or languages of the LEP persons being served133 and should advise that qualified interpreters134 will be provided or be available at any hearing.135 Rele 125 Id.
|
From page 13... ...
at 21. 147 Letter from the FTA to the Metropolitan Transportation Commission and San Francisco Bay Area Rapid Transit District 1 (Jan.
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.