Official Site of The State of New Jersey

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities of any entity that receives federal assistance. Other related regulations prohibit discrimination based on sex, age, and disability. Discrimination is an action or inaction, intentional or not, through which any beneficiary, solely because of race, religion, color, national origin, sex, age, or disability has been otherwise subjected to unequal treatment or impacts.

Entities, whether public or private, that receive federal assistance from any federal agency, including the Federal Highway Administration (FHWA), otherwise known as “recipients”, must take concrete steps to ensure nondiscrimination in their programs and activities.

Title VI does not just apply to the discrete program or activity to which a recipient directs federal funds. The Civil Rights Restoration Act of 1987 amended Title VI to say that “programs” or “programs and activities” means “all of the operations of” any department, agency, or instrumentality of a state or local government, any part of which is extended federal assistance. Therefore, if a department of a state or local government receives federal assistance, all of the operations of that department would be covered by Title VI, but not all of the operations of the State or local government as a whole. The amended definition of “programs and activities” also makes it clear that Title VI does not only apply to activities of a recipient of federal assistance that are federally funded but applies to “all the operations of” a recipient, even those that are not federally funded. Title VI also applies to the programs and activities of entities that distribute federal funds to subrecipients as well as those actions taken by private firms under contract with the recipient.

For example, NJDOT receives federal funds from the FHWA, which means Title VI applies to all of the Department’s programs and activities (transportation planning, project development, contracting, residential and business relocations, construction, etc.), whether those specific programs and activities are federally funded or not. Title VI would also apply to every contract for highway or road construction, whether federally funded or not. In addition, for any federal assistance distributed to cities, counties, and metropolitan planning organizations, Title VI would also apply.

Title VI does not typically apply to employment matters unless the recipient received federal assistance specifically for the purpose of providing employment. Title VI also does not apply to activities of federal agencies, themselves, because the law only applies to “recipients.” Finally, except for educational institutions, Title VI applies to the programs and activities of public agencies—not entire state, city, or county governments. Multiple agencies within a state or local government may receive federal funds, but Title VI would still only apply to those agencies and any other state or local agencies through which funds are passed.

• Denying program services, financial aid, or other benefits.
• Providing different services, financial aid, other benefits, or providing them in a manner different from that provided to others.
• Segregating or treating individuals or groups differently in any matter related to the receipt of any service, financial aid, or other benefits.
• Denying an individual or group the opportunity to participate as a member of a planning, advisory or similar body.
• Any other method or criteria of administering a program that has the effect of treating or affecting individuals or groups in a discriminatory manner.
• Intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Title VI, or because the individual has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing.

A recipient is a non-Federal entity that receives financial assistance from a federal agency. The regulations define 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, District of Columbia, or Puerto Rico, to whom Federal financial assistant is extended, directly or through another recipient, including any successor, assignee, or transferee thereof, but such term does not include any ultimate beneficiary.”

For FHWA, state transportation agencies such as NJDOT are the most common recipients of federal financial assistance.

A subrecipient is a non-Federal entity that administers a federally assisted program and receives financial assistance from a primary recipient; thereby subjecting them to Title VI compliance obligations. For FHWA, cities, counties and Metropolitan Planning Organizations are the most common subrecipients.

Private entities are considered recipients/subrecipients only if they carry out an inherently governmental function. Therefore, if a firm is awarded a state DOT design or construction contract, 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.

NJDOT’s Title VI Program complies with the following statutes (including but not limited to):

• Title VI of the Civil Rights Act of 1964 (42 U.S.C.§ 2000d et seq., 78 stat. 252) and 49 CFR § 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601)
• Federal-Aid Highway Act of 1973 (23 U.S.C. § 324 et seq.)
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.) and 49 CFR § 27;
• The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.)
• Airport and Airway Improvement Act of 1982 (49 U.S.C. § 471, Section 47123), as amended
• The Civil Rights Restoration Act of 1987 (PL 100-209)
• Title II and III of the Americans with Disabilities Act (42 U.S.C. § 12131-12189); 49 C.F.R. § 37 and § 38
• The Federal Aviation Administration’s Nondiscrimination Statute (49 U.S.C. § 47123)
• FMCSA Title VI/Nondiscrimination Regulation 49 C.F.R. § 303
• Title IX of the Education Amendments of 1972 (20 U.S.C. 1987 et seq.)

Title VI prohibits discrimination on the basis of race, color or national origin under any program or activity receiving federal financial assistance.

Title VII prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin.

The NJDOT Division of Civil Rights and Affirmative Action (DCR/AA) Title VI Coordinator is responsible for initiating and monitoring Title VI Nondiscrimination activities and completing all reporting requirements. Other units within DCR/AA, including Contractor Compliance, Disadvantaged and Small Business Programs (D&SBP), and Internal Equal Employment Opportunity (EEO), assist with these tasks, as necessary.

• Conducting internal and external compliance reviews
• Conducting Title VI Program Implementation training
• Developing Title VI compliance information for internal and external dissemination
• Processing the disposition of Title VI complaints received by NJDOT

And person/s who believes they have been subjected to unlawful discrimination (denied the benefits of, access to, or participation in the programs and activities of NJDOT) based on race, color, national origin, sex, age, disability, income or Limited English Proficiency in programs, activities, or services of NJDOT or organizations funded through NJDOT may file a complaint. The complaint may be filed by the individual or his/her representative. A complaint must be filed no later than 180 days after the date of the alleged discrimination, unless extended by NJDOT. Click here for more information on the complaint process.

Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English can be limited English proficient, or "LEP." These individuals may be entitled language assistance with respect to a particular type or service, benefit, or encounter.

Federal financial assistance includes grants, training, use of equipment, donations of surplus property, and other assistance. Subrecipients are also covered, when federal funds are passed from one recipient to a subrecipient. Recipients of federal funds range from state and local agencies, to nonprofits and other organizations. A list of the types of recipients and the agencies funding them can be found Executive Order 12250 Coordination of Grant-Related Civil Rights Statutes.

Title VI covers a recipient’s entire program or activity. This means all parts of a recipient’s operations are covered. This is true even if only one part of the recipient receives the federal assistance. For example, if the US Department of Justice (DOJ) provides assistance to a state department of corrections to improve a particular prison facility, all of the operations of the entire state department of corrections are covered, not just that particular prison.

Most federal agencies have an office that is responsible for enforcing Title VI of the Civil Rights Act. To the extent that a recipient's actions are inconsistent with their obligations under Title VI, then such agencies will take the necessary corrective steps. For state DOTs the federal agency responsible for enforcing Title VI is the Federal Highway Administration (FHWA).

At the New Jersey Department of Transportation, the Division of Civil Rights and Affirmative Action (DCR/AA) Title VI Coordinator is responsible for initiating and monitoring all Title VI Nondiscrimination activities, including LEP.

Recipients and federal agencies are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. While designed to be a flexible and fact-dependent standard, the starting point is an individualized assessment that balances the following four factors:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or grantee;
2. the frequency with which LEP individuals come in contact with the program;
3. the nature and importance of the program, activity, or service provided by the program to people's lives; and
4. the resources available to the grantee/recipient or agency, and costs. As indicated above, the intent of this guidance is to find a balance that ensures meaningful access by LEP persons to critical services while not imposing undue burdens on small business, or small nonprofits.

United States citizenship does not determine whether a person is LEP. It is possible for a person who is a US Citizen to be LEP. It is also possible for a person who is not a US citizen to be fluent in the English language. Title VI is interpreted to apply to citizens, documented non-citizens, and undocumented non-citizens. Title VI LEP obligations apply to every beneficiary who meets program requirements, regardless of the beneficiary’s citizenship status.