2 Del. Admin. Code § 2501-2.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2501-2.0 - Authorities

2.1 The following Statutes, Regulations, Executive Orders, and References are incorporated by reference into DelDOT's External Complaints Procedure. The following Authorities define and affect the implementation of Title II/Section 504 and Title VI policies and procedures.

2.1.1 Nondiscrimination Statutes

2.1.1.1 Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000 d, provides: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

2.1.1.2 Section 504 of the Rehabilitation Act of 1973, 42 U.S.C. 794, et seq., provides: No qualified [individual with a disability] shall, [by reason of his or her disability] be excluded from participation in, be denied the benefits of, be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.

2.1.1.3 Age Discrimination Act of 1975, 42 U.S.C. 6101, provides: No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

2.1.1.4 Federal Aid Highway Act of 1973, 23 U.S.C. 324, provides: No person shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this Title.

2.1.1.5 The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. The Act restores the broad, institution-wide scope and coverage of the nondiscrimination statutes to include all programs and activities of Federal-aid recipients, sub-recipients, and contractors, whether such programs and activities are federally assisted or not.

2.1.1.6 Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12131, et seq., provides: No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or local government.

2.1.2 Regulations. The following Regulations are specific to recipients of funds from FHWA, FTA, and FAA.

2.1.2.1 23 Code of Federal Regulations (CFR) 1.36, Compliance with Federal Laws and Regulations

2.1.2.2 23 CFR 200, Title VI Program and Related Statutes-Implementation and Review Procedures

2.1.2.3 28 CFR 35, Nondiscrimination on the Basis of Disability in State and Local Government Services

2.1.2.4 28 CFR 36, Nondiscrimination on the Basis of Disability in Public Accommodations and in Commercial Facilities

2.1.2.5 28 CFR 42, Subpart C, Implementing Title VI of the Civil Rights Act of 1964

2.1.2.628 CFR 50.3, USDOJ's Guidelines Enforcement of Title VI of the Civil Rights Act of 1964

2.1.2.7 49 CFR 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964

2.1.2.8 49 CFR 27, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance

2.1.2.9 49 CFR 28, Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation (DOT)

2.1.3 Executive Orders (E.O.). The following Executive Orders further define and refine Civil Rights Statutes and Regulations.

2.1.3.1 E.O. 12250, Leadership and Coordination of Nondiscrimination Laws

2.1.3.2 E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations

2.1.3.3 E.O. 13166, Improving Access to Services for Persons with Limited English Proficiency

2.1.4 Directives

FHWA Notice 4720.6, Impacts of the Civil Rights Restoration Act (CRRA) on FHWA Programs

2.2 Other References. The following documents are used as reference material in determining the appropriate steps used to investigate External EEO complaints.

2.2.1 USDOJ's Title VI Legal Manual

2.2.2 USDOJ's Investigation Procedures Manual for the Investigation and Resolution of Complaints Alleging Violations of Title VI and Other Nondiscrimination Statutes

2.2.3 ADAAG ADA Handbook Appendix B

2 Del. Admin. Code § 2501-2.0

17 DE Reg. 1101 (5/1/2014) (Final)