Title VI/Nondiscrimination

(Refers to traditional Title VI along with other nondiscrimination efforts, such as ADA, etc.)

1.  A “pure” Title VI program is focused on preventing illegal discrimination based on race, color, or national origin. However there are also “other nondiscrimination” laws and implementing regulations which prohibit illegal discrimination based on other factors, to include in particular age, sex, and disability. Your April 2014 East Central Wisconsin Regional Planning Commission Title VI Non-Discrimination Plan & Limited English Proficiency Program appears to focus solely on race, color, and national origin (and low income). Please summarize your efforts to prevent illegal discrimination based on age, sex, and disability. Please include the following: 

• What goals, policies, and approaches have you adopted to monitor and assess compliance these nondiscrimination toward these protected classes?

ECWRPC will not:

o   Deny any protected individual service, financial aid or benefit under the program or the opportunity to participate as a member of a planning or advisory body.

o   Restrict a protected individual in the employment of any advantage or privilege enjoyed by others.

o   Treat protected individuals differently in terms of whether they satisfy admission, eligibility, or membership requirements.

o   Subject a protected individual to segregation or separate treatment.

o   Use criteria or methods of administration that have the effect of subjecting individuals to discrimination.

o   Make decisions in regard to facility location with the purpose or effect of subjecting persons to discrimination.

o   Discriminate with regard to the routing, scheduling, or quality of transit service.

• Do you have a written complaint form, and process, regarding these protected classes?

o   No specific written complaint form for individuals who feel they are be discriminated against based on age, sex or disability.

• Have you received any complaints or have there been any issues raised, internally or externally, concerning these protected classes?

o   East Central did receive one complaint in a form of a letter from an individual who claimed East Central was not complying with MAP-21. The letter accused East Central of using performance measures to lobby for state and federal funds. East Central responded to this individual with a letter explain MAP-21 and how and why we collect performance measures. The letter directed the individual to WisDOT if they were not satisfied with East Central’s response.

• Describe the process by which these protected classes can comment on the work plan, the TIP, the Transportation Plan, and other documents prepared through the planning process. Is it merely the normal public outreach process or are there special efforts made to promote and obtain their specific involvement?

o   Hmong American partnership, Hispanic Interagency, ESTER, Farmers Market

2.  Do you have any LEP populations meeting the 5% standard for creating documents in those languages?

• Spanish and Hmong

3. Please provide a short explanation of how the MPO assesses the effectiveness of its Title VI efforts (race, color, and national origin) and it’s other nondiscrimination program (age, sex, and disability)

• Is it based on the number of (or lack of) formal and informal complaints?

o   We do track number of complaints on an annual basis.

• Is it based on successful public involvement?

o   Through the evaluation criteria in the Public Participation Plan.

• Is it based on measurable accomplishments (such as bus stop access improvement)?

Please be prepared to discuss the following at the meeting. A written response is not required.

1. Please provide a short explanation of how you identified and mapped the locations of minority and low-income populations in the MPO area.
2. Please review your self-certifications; do you have any questions concerning the Federal expectations regarding your obligations under the different civil rights laws, and among the different protected classes? Are there areas in which you believe you need further clarification and/or assistance?
3. Please review the Policy Statement provided on Page 1 of your April 2014 East Central Wisconsin Regional Planning Commission Title VI Non-Discrimination Plan & Limited English Proficiency Program. In particular please look at the eight bullet comments following the language “ECWRPC will not:” Do you believe that Title VI requires that you may never deny service to a member of a protected class, or say “no” to a member of a protected class? Do you believe that you have a solid understanding of the Federal expectations?