Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry (2021) / Chapter Skim
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Resources and Appendices P A R T I I I
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57 Acronyms AC Alameda–Contra Costa ACDBE airport concession disadvantaged business enterprise ADA Americans with Disabilities Act AIP Airport Improvement Program APTA American Public Transportation Association BART Bay Area Rapid Transit BIF Business Interruption Fund BSC Business Solution Center CFR Code of Federal Regulations CMAR construction manager at risk CMGC construction manager/general contractor COMTO Conference of Minority Transportation Officials CPP Career Pathways Program DBE disadvantaged business enterprise DOT department of transportation DVBE disabled veteran business enterprise EEO equal employment opportunity EEOC Equal Employment Opportunity Commission FAA Federal Aviation Administration FTA Federal Transit Administration GCRTA Greater Cleveland Regional Transit Authority HART Hillsborough Area Regional Transit Authority HR human resources LACMTA Los Angeles County Metropolitan Transportation Authority LAX Los Angeles International Airport LBE local business enterprise LGBT lesbian, gay, bisexual, transgender LGBTQ lesbian, gay, bisexual, transgender, queer M/WBE minority and women-owned business enterprise MBE minority business enterprise MBTA Massachusetts Bay Transportation Authority MPO metropolitan planning organization MSZ medium-size business enterprise NEPA National Environmental Policy Act ODI Office of Diversity and Inclusion OPM Office of Personnel Management PAAC Port Authority of Allegheny County PPP public–private partnership
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58 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry SBE small business enterprise SDVOB service-disabled veteran-owned business TCRP Transit Cooperative Research Program TriMet Tri-County Metropolitan Transportation District of Oregon U.S.C. United States Code WBE women's business enterprise WBMLA Women Build Metro Los Angeles WMATA Washington Metropolitan Area Transit Authority
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59 Bibliography AC Transit.
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60 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry Davis, J
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Bibliography 61 Harnack, L
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62 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry Los Angeles County Metropolitan Transportation Authority (LACMTA)
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Bibliography 63 Rudolph, B
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64 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry U.S. Equal Employment Opportunity Commission (EEOC)
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Bibliography 65 Geyer Signal, Inc., et al.
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66 Legal Requirements Federal, state and local law place requirements on public agencies providing public transportation and constrain the actions of those agencies. Requirements and limitations pertain to equity and inclusion in • Employment, • Contracting, • Service provision, and • Other aspects of operations.
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Legal Requirements 67 Groups Considered in the Requirements. Different federal laws prohibit employment discrimination for different groups.
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68 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry FHWA-funded contracts, if it receives those funds)
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Legal Requirements 69 Some transit agencies, especially under the jurisdiction of the U.S. Ninth Circuit Court of Appeals, limit participation in the race- and gender-conscious elements of the program to groups the agency has independently identified as being affected by discrimination affecting that agency's contracting.
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70 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry Nondiscrimination Provisions and Prohibitions on Adverse Effects in Transit Activities Federal regulations pertaining to Title VI and environmental justice require certain actions regarding nondiscrimination and avoiding adverse effects on certain groups across all transit agency activities. Section 601 of Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin under any program or activity receiving federal financial assistance.
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Legal Requirements 71 Under Title VI, intentional discrimination based on race, color, or national origin is prohibited. Facially neutral (i.e., unintentional)
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72 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry • On-time performance (percentage of runs completed as scheduled) , and • Service availability (for example, the percentage of all residents in the service area who are within a certain distance of the transit service)
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Legal Requirements 73 FTA Circular C 4703.1 (FTA 2012a) summarizes the steps that an agency should take as follows: • Define the project area and identify environmental justice populations and • Identify adverse environmental effects on environmental justice populations (examples include health and environmental risks, effects on aesthetic values, disruption of community cohesion or economic vitality, displacement of people or businesses, and increased isolation of minority or low-income individuals within a community or from the broader community)
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74 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry FTA Circular C 4710.1 (FTA 2015) also provides information specific to • New construction of transportation facilities and alterations of existing facilities; • Design of new, used, and remanufactured transit vehicles; • Service provision on fixed routes (such as priority seating and stop announcements)
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Legal Requirements 75 In the case of a voluntary race- or gender-conscious program, as long as there is a "statistical imbalance," the statistics do not need to meet the higher "prima facie" evidentiary standard required under the Equal Protection Clause (Johnson, 480 U.S.
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76 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry In City of Richmond v.
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Legal Requirements 77 "good faith efforts" to obtain a predesignated level of minority participation in a state-funded road construction project contract. The State of North Carolina had set up a small business program that favored small businesses for highway construction procurement contracts of $500,000 or less.
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78 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry Ass'n v. City of Atlanta, 376 S.E.2d 662, 664 (Ga.
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Legal Requirements 79 that are tied to the particular industry or economic sector where the discrimination exists, and some type of mechanism to either track the persistence of discrimination or limit the program's duration. Requisite Statistical Data and Anecdotal Evidence to Justify Racial and Gender Preferences Under Croson.
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80 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry or gender. However, such programs are much more easily defended.
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81 Literature Review The research team began this project by reviewing TRB and other research regarding equity, diversity, and inclusion. This research focused on workforce, procurement, and other issues for transit agencies as well as examples of work regarding other types of organizations.
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82 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry The author notes that diversity trainings, "have moved beyond race and sex to incorporate cultural, religious, geographic, economic, socioeconomic, and political differences, as well as consideration of people with varying abilities and disabilities" (Simpson 2003, p. 3)
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Literature Review 83 • Some transit agencies cited mentoring networks, programs to improve work–life balance, cultural celebrations, diversity poster programs, or other initiatives to enhance diversity. • Others noted that they utilized organizational assessments, staff retreats, and employee satisfaction and climate surveys to identify the need for further diversity initiatives.
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84 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry Additionally, some transit agencies included diversity initiatives in their strategic operational goals. For example, transit agencies provided technical assistance for diverse vendors (such as DBEs)
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Literature Review 85 the transit industry and (a) address the industry's workforce needs and prospects; (b)
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86 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry codified. Outside of these labor–management relationships, respondents also cited the following as partnerships used by their transit agency: apprenticeship programs in labor contracts, hiring into training programs from a union hall, and involving unions in employee selection.
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Literature Review 87 various EEO categories (officials and administrators, professionals, technicians, protective service workers, administrative support, skilled craft workers, and service maintenance workers)
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88 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry TCRP Report 148 TCRP Report 148: Practical Resources for Recruiting Minorities for Chief Executive Officers at Public Transportation Agencies addresses specific recruitment models, selection processes, and retention practices (Washington et al.
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Literature Review 89 The bulk of this publication dives methodologically into equity analyses, specifically, what equity analyses are and how to conduct equity studies. The authors provide a five-step research design approach that is participatory and quantitative.
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90 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry The author points to five reasons behind this gender disparity that relate to attracting, hiring, retaining, and advancement: • A lack of transit job opportunity outreach targeted to women as well as a lack of inclusive promotion strategies, • Social factors and stereotypes that transit jobs are traditionally for men, • A dominant masculine culture within transit agencies heightened by a large proportion of men in the workforce, • Safety and health concerns in public transportation particular to women (e.g., the risk of being a victim of sexual harassment by coworkers or riders) , and • Difficulties in agencies accommodating women's responsibilities outside of work, as they tend to be their families' primary caregivers.
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Literature Review 91 is likely that there will be a trend of more women entering transit occupations and attaining leadership positions. ACRP Research Report 217 ACRP Research Report 217: Guidance for Diversity in Airport Business Contracting and Workforce Programs is a guidebook on improving and encouraging diversity programs in public transportation with a particular focus on airports (Krop et al.
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92 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry Transit agency leadership plays a major role in workforce and contractor diversity. Using policy and encouragement of managers in charge of contracting and diversity programs, leaders will see not only economic advantages, but also economic sustainability and improved relationships within local communities.
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Literature Review 93 that had graduated from the program, meaning that firm owners no longer met the program eligibility requirements, which include gross revenue and wealth ceilings. Overall, this research found that successful DBEs attributed some of their success to the DBE Program.
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94 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry which often includes a single fixed-fee contract for both architectural/engineering services and construction. Use of the construction manager at risk (CMAR)
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Literature Review 95 The discussion of the DBE Program includes explanation of the enabling legislation and grant assurances as well as the general framework and requirements of the federal regulations for certain concessions and for airport contracts. Airport DBE programs are established under 49 CFR Part 26.
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96 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry guide these programs. These rulings also establish that federal programs that use race or ethnicity in decision-making are subject to "strict scrutiny," which is the most rigorous standard of judicial review.
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Literature Review 97 Other Research Regarding Employment The research team also examined other studies related to equity, diversity, and inclusion issues in employment that are relevant to transit agencies. This section of the literature review summarizes commonly used approaches to increasing organizational diversity and inclusion.
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98 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry Although EEO programs may be required, some researchers suggest that they are not necessarily an effective way to increase diversity. For example, EEO programs include a formal grievance process that enables employees to file a complaint with the EEOC if they experience discrimination at work on the basis of their race, color, religion, sex, national origin, age, disability, or genetic information.
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Literature Review 99 Additionally, compensation has been identified as a key factor in achieving and maintaining organizational diversity (Newkirk 2019)
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100 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry exercises. In addition to variety among methods, there is also variation among the number of methods used, with some trainings using multiple approaches and others using only one (Simpson 2003; Bezrukova et al.
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Literature Review 101 Some organizations establish diversity as a core business strategy and develop diversity plans or diversity vision statements (Simpson 2003)
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102 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry leaders (Roberts 2011)
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Literature Review 103 Equity and Environmental Justice This section summarizes relevant research from publications and reports related to equitable treatment of neighborhoods and groups as well as environmental justice in the transit industry. Environmental justice includes efforts to achieve equitable protection from environmental harm and equitable access to benefits across demographic groups.
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104 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry • "Vertical equity" refers to the distribution of transportation impacts on groups that differ in ability and needs, such as persons with disabilities or special needs and groups across different social and income classes (Bills and Walker 2017)
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Literature Review 105 when passengers pay as much as they use. Vertical equity in transit pricing requires that the costs and benefits are distributed according to the users' need for the service or their capability for payment.
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106 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry Some researchers who have analyzed transit networks use horizontal criteria to divide equity into modal and spatial equity: • Modal equity includes the travel time between the origin and destination of each mode, where modes are divided into passenger car and transit and the travel time of each mode is the total travel time from the origin to the destination. Modal equity is achieved when the difference between transit travel time and automobile travel time is negligible because of the transit network (Kim et al.
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Literature Review 107 governments to add new routes (or increase the frequency of popular routes) , pave bus-only lanes, install more transit signals, and update fare payment systems with "tap and go" credit card turnstiles or e-fare kiosks (Comfort 2020)
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108 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry and 60% had cut back on hiring (APTA 2020)
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Literature Review 109 The long-term impact of losing one's job or taking time off to care for family is significant. Individuals see an extended reduction in their earning potential and occupational mobility.
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110 Interviews with Transit Agencies Approach to In-Depth Interviews with Transit Agencies In-Depth Interviews The research team prepared an interview guide and a plan for identifying and contacting interviewees. The team began conducting in-depth interviews with agency leaders, human resources professionals, and others with diversity and inclusion responsibilities (regarding procurement, transit customers, community interface, and so forth)
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Interviews with Transit Agencies 111 • As your organization has implemented or refined diversity and inclusion practices, where do you go for advice or other information on best practices? What resources do you tap?
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112 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry • "When we talk about diversity and inclusion here, we talk about providing a welcoming environment that's free of judgement and embraces different cultures and ways of life." [#I-07] • "I view diversity and inclusion as making sure that I'm considerate of including people from different walks of life with different backgrounds." [#I-09]
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Interviews with Transit Agencies 113 • "It's not just that we follow the law, but it's that we recognize that there are differences, and we celebrate those and are excited about those." [#I-04] • "We also define diversity as different from compliance.
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114 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry age groups, it's very broad in terms of how people think and bring all of that into the workplace. We have programs around that and work to make sure that folks feel included." [#I-13]
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Interviews with Transit Agencies 115 There's what we as senior managers think and feel about our organization and .
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116 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry advocates of diversity and inclusion because at every level of hiring, training, promotion, and termination, they have to really understand not only the bare minimum requirements of the law but [that] they have to understand the direction of [the agency]
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Interviews with Transit Agencies 117 • "[W] e are making sure that we are including everyone, respecting everyone, trusting everyone, and that we involve others to make decisions and help make decisions within the organization." [#I-35]
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118 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry Take the Pulse One transit agency relied on taking the "pulse" of the agency to gauge effectiveness of diversity and inclusion initiatives: "For us it's organic; I take the ‘pulse' of the organization." [#I-23] Another said, "everybody has a role in ensuring we maintain diversity here." [#I-20]
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Interviews with Transit Agencies 119 multipliers for us to engage, especially with those challenging-to-reach populations; we metric our outreach based upon the composition of the respondents by demography and by race, and are constantly benchmarking that, not only against our system averages but also against the baseline demography of the region. We are trying to make sure at all points in time that our feedback is not only extensive but also representative of the communities that we serve." [#I-16]
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120 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry maintenance. So, the answer to the question, .
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Interviews with Transit Agencies 121 Remove Barriers that Inhibit Success Some transit agency representatives reported that diversity and inclusion initiatives can lose traction or be conflicting, or that some diversity and inclusion programs often have the reverse effect. Others identified common institutional barriers that inhibit success.
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122 Approach to Case Studies Utilizing information collected via in-depth interviews with transit agency leaders, human resources (HR) professionals, and others; agency procurement data; and background research, the research team prepared summary case studies of the 12 transit agencies involved in this project.
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Case Studies of Transit Agency Efforts 123 Common workforce practices to encourage diversity and inclusion found by the research team are as follows: • Employee training on civil rights and EEO, • Formation and availability of diversity employee resource groups, • Employee diversity awareness workshops and training, • Formation and use of diversity and inclusion committees, • Creation or designation of facilities (e.g., restrooms) for all gender identities (including gender-neutral facilities)
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Recruitment Accountability Agency Prerecruitment: Conducts Workforce Utilization Analysis Diverse Interview Panels Targeted Recruitment of Minorities Job Placement for Individuals with Disabilities Performance Evaluations Include EEO Policy Goals Monitoring of Interview/Selection Process Alameda–Contra Costa Transit District Yes Yes Yes Yes Bay Area Rapid Transit Yes Yes Yes Yes Yes Greater Cleveland Regional Transit Authority Yes Yes Yes Yes Yes Hillsborough Area Regional Transit Authority Yes Yes Yes Yes Yes Houston Metro Yes Yes Yes Yes Yes Yes Los Angeles County Metropolitan Transportation Authority Yes Yes Yes Yes Yes Yes Metropolitan Transportation Authority, New York City Transit Yes Yes Yes Yes Yes Yes Pierce Transit Yes Yes Yes Yes Yes Port Authority of Allegheny County Yes Yes Yes Trinity Metro Yes Yes Yes Yes Yes Yes Valley Metro Transit System Yes Yes Yes Yes Washington Metropolitan Area Transit Authority Yes Yes Yes Yes Note: HR leadership at each transit agency was given a review period of 10 business days to confirm the accuracy of this table. Empty cells do not necessarily denote a lack of efforts to produce the particular diversity initiative, but instead a lack of a formal program detailed in in-depth interviews, background research, and/or confirmation by HR leadership.
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Retention of Diverse Talent Cultural Norming Agency Training: Civil Rights and EEO Training Diversity Employee Resource Group Diversity Awareness Workshops/ Training Diversity and Inclusion Committee Facilities for All Gender Identities Diverse Cultural Celebrations Recognition of Diverse/ Discretionary Holidays Alameda–Contra Costa Transit District Yes Yes Yes Yes Yes Bay Area Rapid Transit Yes Yes Yes In development Yes Yes Yes Greater Cleveland Regional Transit Authority Yes Yes Yes Yes Yes Yes Hillsborough Area Regional Transit Authority Yes Yes Yes Houston Metro Yes Yes Yes Yes Yes Yes Los Angeles County Metropolitan Transportation Authority Yes Yes Yes Yes Yes Yes Yes Metropolitan Transportation Authority, New York City Transit Yes Yes Yes Yes Yes Yes Pierce Transit Yes Yes Yes Yes Yes Yes Port Authority of Allegheny County Yes In development Yes In development Yes Yes Trinity Metro Yes Yes Valley Metro Transit System Yes Yes Washington Metropolitan Area Transit Authority Yes Yes Yes Yes Note: HR leadership at each transit agency were provided a review period of 10 business days to confirm the accuracy of this table. Empty cells do not necessarily denote a lack of efforts to produce the particular diversity initiative, but instead a lack of a formal program detailed in in-depth interviews, background research, and/or confirmation by HR leadership.
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126 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry "recruit and train women, minorities, and veterans to join the GCRTA workforce, especially in low-income communities. Training include[d]
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Case Studies of Transit Agency Efforts 127 This appendix has noted some ways agencies nurture perceptions (e.g., the use of diverse hiring panels, encouragement of employee resource groups, and celebrations of diverse holidays) ; however, there are more.
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128 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry corrective action plan to meet the goal in the next fiscal year (49 CFR Section 26.47)
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Case Studies of Transit Agency Efforts 129 Valley Metro, as a subrecipient of the City of Phoenix, has not set a separate DBE goal, but rather followed the City's methodology (see Table D-3)
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130 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry Current DBE Projection (%) Agency Race Neutral Race Conscious How Neutral Goal Was Calculated Alameda–Contra Costa Transit District 10.0 0.0 AC Transit has historically implemented an RN program and uses a neutral SBE program to achieve participation.
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Case Studies of Transit Agency Efforts 131 • A personal net worth limit of $1.32 million at the time of this report (excluding equity in the business and primary personal residence) that firms and firm owners must fall below to be able to be certified as a DBE.
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132 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry receipt of payment, and two transit agencies require their primes to pay subcontractors within 30 days of receiving payment from the transit agency. Contract Compliance.
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Case Studies of Transit Agency Efforts 133 Equity in Contracting Programs for Non-federally-Funded Contracts Some transit agencies have enacted their own contracting equity programs for non-federallyfunded contracts. Those programs can be challenged in court.
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134 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry Some transit agencies operate programs to address disadvantages for businesses owned by persons with disabilities; members of the LGBTQ community; veterans; and other groups. Among the case study transit agencies, six operate programs extending beyond businesses owned by people of color or women (or small businesses in general)
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Case Studies of Transit Agency Efforts 135 Research Concerning Diversity and Inclusion in Other Aspects of Transit Operations Transit agencies seek to improve diversity and inclusion through aspects other than recruitment, workforce, and procurement initiatives. This section highlights additional efforts made in the following areas: • Environmental justice, • Transportation planning equity, • Fare pricing, • Language inclusion, and • Transit policing.
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136 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry justice" (Velasco 2020)
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Case Studies of Transit Agency Efforts 137 More damaging is unaddressed implicit and explicit bias in network design. Public transit systems are steeped in a history of racial bias.
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138 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry measures to remedy impacts on housing and homeowners. Regarding the former, the case study agencies have made concerted efforts to help businesses cope with construction-related physical displacement and disruption.
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Case Studies of Transit Agency Efforts 139 Fare Pricing Public transit fare pricing is another facet of social equity, as fares dictate accessibility. For example, a fare that is too high excludes impoverished individuals from transit use and can have a negative effect on the ability of persons with low socioeconomic status to attain geographically distant employment opportunities.
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140 Resource Guide for Improving Diversity and Inclusion Programs for the Public Transportation Industry and reduce the "requirement to know, select and purchase fare products in advance to enter any of MTA bus and subway services" (Wallischeck et al.
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Case Studies of Transit Agency Efforts 141 in public transit and improve unarmed responses (Fonseca 2020)
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Abbreviations and acronyms used without definitions in TRB publications: A4A Airlines for America AAAE American Association of Airport Executives AASHO American Association of State Highway Officials AASHTO American Association of State Highway and Transportation Officials ACI–NA Airports Council International–North America ACRP Airport Cooperative Research Program ADA Americans with Disabilities Act APTA American Public Transportation Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATA American Trucking Associations CTAA Community Transportation Association of America CTBSSP Commercial Truck and Bus Safety Synthesis Program DHS Department of Homeland Security DOE Department of Energy EPA Environmental Protection Agency FAA Federal Aviation Administration FAST Fixing America's Surface Transportation Act (2015) FHWA Federal Highway Administration FMCSA Federal Motor Carrier Safety Administration FRA Federal Railroad Administration FTA Federal Transit Administration GHSA Governors Highway Safety Association HMCRP Hazardous Materials Cooperative Research Program IEEE Institute of Electrical and Electronics Engineers ISTEA Intermodal Surface Transportation Efficiency Act of 1991 ITE Institute of Transportation Engineers MAP-21 Moving Ahead for Progress in the 21st Century Act (2012)
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TRB Transportation Research Board 500 Fifth Street, NW Washington, DC 20001 ADDRESS SERVICE REQUESTED Resource G uide for Im proving D iversity and Inclusion Program s for the Public Transportation Industry TC RP Research Report 228 ISBN 978-0-309-09425-2 9 7 8 0 3 0 9 0 9 4 2 5 2 9 0 0 0 0
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