Intermodal Civil Rights

Mission Statement

The Intermodal Civil Rights Program makes sure that public transportation and passenger rail programs comply with civil rights laws and executive orders that prevent discrimination in programs that receive federal money. ODOT uses many sources of funding in order to operate. The Intermodal Civil Rights Program works with other programs in the Office of Civil Rights to keep ODOT following civil rights laws and policies. The policy of the Intermodal Civil Rights Program is to not discriminate based on race, color, sex, gender, age, disability, sexual preference or national origin when awarding and administering contracts or grants.

Program Objectives

The Intermodal Civil Rights Program provides the technical support and compliance measures for ODOT to follow civil rights laws and policies. Since the types of modal projects and services can differ, the requirements on a project may differ as well. The programs with Intermodal oversight are:

Disadvantaged Business Enterprise

The federal Disadvantaged Business Enterprise program ensures non-discrimination in the award and handling of federally funded highway, transit, and airport contracts. It also creates a level playing field for Disadvantaged Business Enterprises to compete fairly for federally funded contracts. The Federal Transit Administration Office of Civil Rights monitors the Disadvantaged Business Enterprise programs of federal funding recipients.

ODOT monitors the use of Disadvantaged Business Enterprises through the Disadvantaged Business Enterprise Program.

The Federal Transit Administration requires a Disadvantaged Business Enterprise program from recipients that receive planning, capital, and/or operating assistance who will award prime contracts (except for transit vehicles) over $250,000 in federal funds in a Federal Fiscal Year. These recipients directly report Disadvantaged Business Enterprise use to the Federal Transit Administration. Subrecipients of federal funds report to the Intermodal Civil Rights program.

An overall annual Disadvantaged Business Enterprise Goal is made every three Federal Fiscal Years that determines the minimum percent use of DBE firms on ODOT contracts. The proposed Disadvantaged Business Enterprise goal for federal fiscal years 2018-2020 is 6%. This goal is expected to be met with Disadvantaged Business Enterprise firms hired through race-neutral methods.

On a 3 year basis, ODOT proposes a Disadvantaged Business Enterprise (DBE) overall goal for Federal Transit Administration (FTA) assisted contracts. The proposed goal and methodology for FFY 2021-2023 is currently available for review and feedback.

2020 Proposed Intermodal DBE Goal

For further resources on the Disadvantaged Business Enterprise Program:

Americans with Disabilities Act

The Americans with Disabilities Act of 1990 and future amendments prevent discrimination and provide equal opportunity and access for persons with disabilities. This program within the scope of ODOT allows people with disabilities to live independently and engage in civil life through easy to access transportation.

For further resources on ADA:

Environmental Justice

In February 1994, federal policy on environmental justice was established with executive order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations." The Council on Environmental Quality (CEQ) oversees the federal government in regards to compliance with Executive Order 12898.

There has been increasing concern over that past two decades over environmental impacts in minority and low-income populations. Evidence suggests these communities face high amounts of adverse human health impacts. This would be in violation of the Civil Rights Act of 1964 (42 U.S.C 2000d) that requires non-discrimination in federally assisted programs, including the effects of such programs on communities.

For further information on Environmental Justice:

Equal Employment Opportunity

The Federal Transit Administration issued revised guidance that prohibits discrimination in the workplace based on race, color, religion, national origin, sex, genetic information, disability, or veteran status. The revision includes protection for lesbian, gay, bisexual, and transgender individuals.

Any Federal Transit Administration applicant, recipient, sub recipient, and contractor must follow all EEO regulations if they meet the following criteria:

Employs 100 or more transit-related employees.
Requests or receives capital or operating assistance over $1 million in the previous Federal fiscal year; or planning assistance over $250,000 in the previous Federal fiscal year.

Agencies that have between 50-99 transit-related employees must maintain an EEO program with a policy statement, dissemination plan, personnel designation, employment practices assessment, and a monitoring and reporting system. This EEO program must be maintained, but does not need to be submitted unless requested by the Federal Transit Administration or Intermodal Civil Rights.

Agencies must include all part-time employees and employees that have duties that support the transportation system in their calculations. For example, a budget analyst who processes payments for the transit program would be considered a transit-related employee.

For further information on Equal Employment Opportunity:

Title VI

Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall be discriminated against under any federally funded program or activity based on race, color, or national origin.

If any transportation program or activity receives federal funding, it must comply with Title VI. The program or activity must:

Ensure that the level and quality of service is provided in a nondiscriminatory manner.
Have transportation decisions made without regard to race, color, or national origin.
Have meaningful access to transit-related programs for persons with limited English proficiency.
Create and submit a Title VI Program to the Federal Transit Administration.

For further information on Title VI:

Limited English Proficiency

Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency" requires that federal agencies and recipients of federal funding provide services that can be accessed by persons with limited English proficiency. You must have a Language Access Plan as part of the Title VI program. A Title VI program is required if you receive federal funding.

For further information on Limited English Proficiency:

Contact Information:

Carroll Cottingham

Intermodal Civil Rights Manager

Oregon Department of Transportation

3930 Fairview Industrial Drive SE, MS23

Salem, OR 97302

503-986-3169