Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2500 - Division of Technology and Support Services
2501 - External Equal Opportunity Complaint Procedure
Section 2501-2.0 - Authorities
Universal Citation: 2 DE Admin Code 2501-2.0
Current through Register Vol. 28, No. 3, September 1, 2024
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
2.1.2.6
28 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
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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