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Civil Rights Programs Overview

As a recipient of Federal financial assistance under programs funded through the U.S. Department of Transportation (US DOT), our agency has given assurance that these programs will be conducted in accordance with the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964. Although Title VI originally protected individuals and groups from discrimination on the basis of race, color, and national origin, the US DOT's reference to Title VI includes other statutes and authorities that prohibit discrimination in Federally assisted programs and activities. Therefore, it is our policy to ensure that no person shall, on the grounds of race, color, national origin, religion, sex, age, or disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or service provided by the NH DOT.

Through an interdisciplinary approach, the Labor Compliance Unit manages the program areas below to ensure that our agency fulfills its obligations under Title VI and the governing statutes and regulations that prohibit discrimination:

Contractor Compliance Program: This program was established under Executive Order 11246 and the Federal-aid Highway Act to ensure nondiscrimination in the hiring and employment practices of contractors involved in the highway program. These practices include, but are not limited to, the payment of minimum Federal wages under the Davis-Bacon Act, promotions, training, recruitment, and subcontract procurement. While many requirements under this program are communicated through the Required Contract Provisions (FHWA Form 1273), the Federal Highway Administration's implementing regulations stipulate additional requirements, such as comprehensive Home Office Reviews that ensure each participating contractor is maintaining nondiscriminatory hiring and employment practices and taking affirmative action to ensure that these practices are carried out without regard to race, color, national origin, religion, sex, age, and disability. Additionally, the Labor Compliance Unit oversees compliance with other State of New Hampshire laws related to the work performed on each project, specifically the workers compensation coverage and safety requirements stipulated in RSA 228:4-b.

Disadvantaged Business Enterprise (DBE) Program: The DBE Program was created to ensure nondiscrimination in the award and administration of US DOT assisted contracts. While the US DOT presumes female and minority-owned companies to be disadvantaged, this in itself does not qualify a company to participate under the program. Each applicant seeking DBE status must undergo a multi-step DBE certification application process to qualify. The NH DOT is the sole-certifying agency for all companies seeking DBE certification in the State of New Hampshire.

Each year our Department is required to establish an annual participation goal based on the availability of certified ready, willing, and able DBEs. Historically, the Department has been able to meet its annual DBE goal with the ongoing assistance and cooperation of prime contractors efforts to solicit DBE participation through the normal course of business. However, when customary procurement practices are determined to be insufficient to meet annual goals, our agency is required to establish specific contract goals, which require the prime contractor to take certain actions that go beyond the routine solicitation of bids. In either case, the NH DOT DBE Program Manager serves as a resource for both DBEs and non-DBEs in order to maximize participation by disadvantaged companies.

DBE Directory

On-the-Job Training (OJT) Program: The purpose of the OJT Program is to address the under-representation of and to promote the advancement of women, minorities, and disadvantaged persons in the highway construction trades. This program corresponds with the Required Contract Provisions that require each contractor to take affirmative action to assure equal opportunity. The NH DOT's OJT Training Manual outlines the various classifications of training that contractors may select to meet the Training Special Provisions when made part of the contract. While demonstrating every good faith effort to fulfill OJT requirements is mandatory, the quality of training rests with each participating contractor. Many participating contractors have discovered new opportunities and hired quality employees through the OJT Program.

Title VI (Título VI no discriminación): The scope of this program is to ensure that transportation programs and services are accessible and provided uniformly, and to avoid adverse and disproportionate impacts by considering the populations impacted by transportation projects. This is primarily accomplished through inclusive public participation, outreach, and the consideration of all factors and measures that provide for a context sensitive solution.

Environmental Justice: With respect to Environmental Justice, the NH DOT seeks to identify and address disproportionately high and adverse human health or environmental effects on minority and low-income populations. Environmental Justice places emphasis on encouraging participation of low-income and minority populations in the transportation decision making process. Additionally, it safeguards against disproportionately high and adverse health affects, and ensures that low-income and minority populations, where they exist, receive their fair share of transportation benefits.

NH DOT Internal EEO Program: The purpose of the Department's Internal EEO Program is to ensure fair and equal treatment of persons regardless of race, color, national origin, religion, sex, age and disability in all employment practices. The Department has the responsibility to develop and implement an Affirmative Action Program (AAP) plan to achieve parity of minorities and females in all major job categories. The purpose of the AAP is the development, implantation, monitoring, and evaluation of equal employment opportunity and affirmative action EEO of the NH DOT's programs. The success of our AAP requires planning, persistence, understanding, dedication, patience, cooperation and hard work from all Department employees.

The NH DOT strives to create a positive work environment that provides employees the opportunities to maximize their skills and abilities. Any employee found to have engaged in discrimination, harassment (including sexual) or retaliation would be subject to disciplinary action.

Limited English Proficiency (LEP): To ensure public access regardless of national origin, the Labor Compliance Unit works in cooperation with program area officials Department-wide by providing data, analysis, and assistance so that reasonable steps can be taken to provide limited English proficient persons with meaningful access to critical programs and services provided by the NH DOT. The intent of this program is to prevent a denial or delay in services that provide significant benefits or have serious implications solely on the basis of one's inability to speak English.'

Section 504/Title II of the Americans with Disabilities Act: Section 504 of the Rehabilitation Act of 1973 requires that no qualified individual with a disability shall be excluded from, denied the benefits of, or be subjected to discrimination under any program or activity that receives Federal financial assistance. Title II of the Americans with Disabilities Act is similar to Section 504 in that it extends the prohibition against discrimination to public entities regardless of funding status. Through an interdisciplinary approach, the NH DOT’s Title II ADA Coordinator works closely with Division Directors, planners, design and project engineers to ensure continued progress toward the completion of the agency's Transition Plan.

The Title II ADA Coordinator conducts program area reviews to ensure that the required accessibility standards are applied in new construction and alterations of all transportation projects. The primary goal of this program is to ensure that pedestrian facilities and networks remain accessible for those with disabilities, to an extent provided by law.

New Hampshire Department of Transportation
PO Box 483 | 7 Hazen Drive | Concord, NH | 03302-0483
Tel: 603.271-3734 | Fax: 603.271.3914

copyright 2015. State of New Hampshire