NOACA COMPLAINT PROCESS

Filing Complaints of Discrimination

1. Any person who feels that he/she has been subjected to discrimination based on race, color or national origin under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Civil Rights Restoration Act of 1987, the Americans with Disabilities Act of 1990, 23 USC 324, 42 USC 610, and the DOT Order on Environmental Justice and Executive Order 12898, or other forms of discrimination under related nondiscrimination laws and regulations may file a complaint with NOACA. 
2. Complaints should be in writing, signed by the complainant or his/her representative(s), and must include the complainant(s) name, address, and telephone number. NOACA provides an online complaint form that is available on the website. Allegations of discrimination received via postal mail or e-mail will be acknowledged and processed. Allegations received by telephone will be documented in writing and provided to the complainant(s) for review before processing.
3. Upon receipt of a complaint, the NOACA Executive Director or his/her designee will, within 14 days, provide the complainant or his/her representative with a written acknowledgement of the complaint. NOACA staff may contact the complainant to resolve any issues related to the complaint.

Complaint Investigations and Routing

FHWA Division Offices do not investigate Title VI complaints. Recipients, such as State DOTs, and Subrecipients do not investigate complaints filed against themselves. NOTE: FHWA is responsible for all decisions regarding whether a complaint should be accepted, dismissed, or referred to another agency. Complaints may also be sent to HCR directly below.

1. All complaints should be routed to the FHWA Headquarters Office of Civil Rights (HCR) for processing. HCR is responsible for all determinations regarding whether to accept, dismiss, or transfer Title VI complaints filed against State DOTs or Subrecipients of Federal financial assistance.
2. Complaints should be forwarded from the initial receiving agency through the Federal‐aid highway oversight hierarchy until the complaint reaches HCR. For example, if a complaint is filed with a Subrecipient City, that receiving agency should forward the complaint to the State DOT, which should forward the complaint to the State’s FHWA Division Office, which should forward the complaint to HCR. If a complaint is filed with a State DOT, then the State DOT should forward the complaint to the State’s FHWA Division Office, which should forward the complaint to HCR.
3. State DOTs and Subrecipients must log all complaints received.
4. When HCR decides on whether to accept, dismiss, or transfer the complaint, HCR will notify the Complainant, the FHWA Division Office, State DOT, and Subrecipient (where applicable).

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Avenue, SE 8th Floor E81-105                                                   

Washington, DC 20590

Email:                 CivilRights.FHWA@dot.gov

Fax:                    202-366-1599

Questions:          202-366-0693

Retaliation

Retaliation is prohibited under Title VI of the Civil Rights Act of 1964. It is the policy of NOACA that persons filing a complaint of discrimination have the right to do so without interference, intimidation, coercion, or fear of reprisal. Anyone who feels he/she has been subjected to retaliation should report such incident to the Executive Director and/or ODOT’s Division of Opportunity, Diversity and Inclusion.