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Title VI

Title VI requires that no person in the United States shall on the grounds of race, color, or national origin as protected groups, be excluded from participation in, denied benefits of, or be otherwise subjected to discrimination under any program or activity for which the recipient receives Federal assistance.

DOT has a Title VI/Nondiscrimination Policy & Plan that governs DOT employees and all programs receiving federal assistance within the department. In November 2012, the Title VI/Nondiscrimination Complaint Procedure was updated. This complaint procedure replaces the one found on page 31 of the Title VI/Nondiscrimination Policy & Plan. In October 2014, a section on Limited English Proficiency (LEP) and Environmental Justice was added to the Title VI Program Plan.

TITLE VI & NONDISCRIMINATION POLICY

Title VI of the Civil Rights Act of 1964 protects individuals, groups and organizations from discrimination on the basis of race, color or national origin in all programs and activities. In addition, laws prohibit discrimination on other grounds, such as religion, sex, age, and disability. Based on the above criteria, the SDDOT program is referred to as the Title VI and Nondiscrimination Program.

The policy of the SDDOT is to ensure that no person or group of persons shall, on the grounds of race, color, national origin, religion, sex, age, disability or other statutorily prescribed basis, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity administered by the Department.

To ensure compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, the Secretary of the Department, has designated June Hansen as the department's ADA Coordinator. Contact information is as follows:

June Hansen, Civil Rights Compliance Officer/ADA Coordinator
SDDOT - Office of Legal Counsel/Civil Rights Program
700 E. Broadway Ave.
Pierre, SD 57501
Phone: 605-773-3540
Fax: 605-773-4442
Email: june.hansen@state.sd.us

TITLE VI NOTICE TO BENEFICIARIES

The South Dakota Department of Transportation provides services without regard to race, color, gender, religion, national origin, age or disability, according to the provisions contained in SDCL 20-13, Title VI of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, as amended, the Americans With Disabilities Act of 1990 and Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 1994.

To request additional information on the DOT's Title VI/Nondiscrimination policy or to file a discrimination complaint, please contact the Department's Civil Rights Office at 605-773-3540.

The Title VI/Nondiscrimination Complaint Procedure was updated in November 2012. Anyone who wishes to file a complaint may also submit the following complaint form: Title VI/Nondiscrimination Complaint Form. Information on complainant rights is found in: Title VI/Nondiscrimination Complainant Rights.

Hostile Work Environment/Harassment

Promoting a hostile work environment is covered by Title VI. If an employee feels they are being harassed or discriminated against due to sex, race, disability, etc., the workplace may be deemed as a hostile work environment. Things like jokes and slang may seem minor to the employee, while another employee may find them offensive, therefore creating a hostile work environment.

All calls on discrimination or harassment should be directed to June Hansen at 605-773-3540 or by e-mail at june.hansen@state.sd.us.. (Phone is answered 24 hours a day.)

SUB-RECIPIENT MONITORING

Sub-recipients of the Federal funding are required to ensure compliance with Title VI. The following is information is to assist sub-recipients with the Title VI requirements to ensure compliance.

Title VI - Pre-Award Checklist

Title VI Transit Compliance Review Report

Title VI - Annual or Post-Award Compliance Report

Title VI - Program Template

Title VI - Sub-Recipient Step-By-Step Instructions

Title VI Public Participation Template

Training on Title VI and other non-discrimination requirements or for technical assistance with Title VI requirements – contact June Hansen at 605-773-3540 or by email at: june.hansen@state.sd.us

ATTENTION TRANSIT PROVIDERS/SUB-RECIPIENTS: The following is additional information that is specific to Transit funding and requirements for sub-recipients receiving funding through the Federal Transit Administration:

FTA/SDDOT Title VI Overview Power Point Presentation

Title VI Circular Requirements (excerpts from Circular)

LEP Handbook

EEO Program Requirements for Transit Providers

In accordance with circular UMTA C 4704.1 each recipient who has 50 or more transit-related employees, and; receives capital or operating assistance in excess of 1 million, or; receives planning assistance in excess of $250,000 is required to submit an EEO Program. FTA requires an EEO Program be submitted every three years, as part of your Title VI review. To assist any recipient that needs to develop a EEO program, there is a checklist with the requirements of the program and a EEO program template which includes examples:

  • EEO Checklist – August 2014 - PDF or Word
  • EEO Program Template

Examples of Title VI Complaint Logs, Complaint Procedures & Complaint Forms:

More information can be found at www.fta.dot.gov.

Limited English Proficiency Executive Order

This executive order is designed to ensure meaningful participation in Federal and federally assisted programs and activities by individuals with limited English proficiency. When federal-aid is involved, there is to be an effort to reduce the language barrier by providing information or services in other languages. This can be done through various methods including bilingual printed materials or by use of an interpreter.

The EEO #1 is now available in Spanish for those contractors and subcontractors with Spanish Speaking employees. As new EEO and Labor Compliance posters are translated into Spanish they will be made available for the use by the Area Offices. Any contractor who has need of EEO or Labor Compliance posters or information in a language other than English should contact the Area Office or the Civil Rights Office at 605-773-3540 or by e-mail june.hansen@state.sd.us.

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