Title VI Notice to the Public
A Title VI Notice to the Public assuring compliance with Title VI of the Civil Rights Act of 1964 must be displayed to inform PrimeLife Enrichment transportation customers of their rights under Title VI. At a minimum, transit systems must post the notice on the agency’s website and in public areas of the agency’s office(s), including the reception desk, meeting rooms, etc. Many agencies display their Title VI Notices in transit facilities (e.g., headquarters, transit shelters and stations, etc.), and on transit vehicles (e.g., buses, shelters, etc.). The Title VI Notice is a vital document. If there are Limited English Proficient (LEP) populations in your service area, then the Notice should be provided in English and in any other language(s) spoken by LEP populations. At a minimum, this statement must be included in the Notice—“If information is needed in another language, please contact 317-815-7000 - should be stated in English and in any other language(s) spoken by LEP populations that meet the Safe Harbor threshold (Safe Harbor is explained in Exhibit 1 below). A sample posting follows:
Note: Section 5310 grantees should ensure the other language information is also provided in any languages spoken by LEP populations that meet the Safe Harbor threshold.
Exhibit 1 - Safe Harbor Provision
The U.S. DOT has adopted the Department of Justice’s (DOJ’s) Safe Harbor Provision, which outlines circumstances that can provide a “safe harbor” for recipients regarding translation of written materials for LEP populations. The Safe Harbor Provision stipulates that, if a recipient provides written translation of vital documents for each eligible LEP language group that constitutes five percent (5%) or 1,000 persons, whichever is less, of the total population of persons eligible to be served or likely to be affected or encountered, then such action will be considered strong evidence of compliance with the recipient’s written translation obligations. Translation of non-vital documents, if needed, can be provided orally. If there are fewer than 50 persons in a language group that reaches the five percent (5%) trigger, the recipient is not required to translate vital written materials but should provide written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost.
These safe harbor provisions apply to the translation of written documents only. They do not affect the requirement to provide meaningful access to LEP persons through competent oral interpreters where oral language services are needed and are reasonable. A recipient may determine, based on the Four Factor Analysis, that even though a language group meets the threshold specified by the Safe Harbor Provision, written translation may not be an effective means to provide language assistance measures. For example, a recipient may determine that a large number of persons in that language group have low literacy skills in their native language and therefore require oral interpretation. In such cases, background documentation regarding the determination shall be provided to FTA in the Title VI Program.