Limited English Proficiency Complaint Process

LEP complaint processing The BRTB has established the following complaint procedure and process that meets Title VI requirements.  


Discrimination Policy Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color or national origin in programs or activities receiving federal financial assistance. Presidential Executive Order 12898 addresses Environmental Justice in minority and low-income populations. Presidential Executive Order 13166 addresses providing equal access to services and benefits to those individuals with Limited English Proficiency (LEP). The rights of women, the elderly and the disabled are protected under related statutes. These Presidential Executive Orders and the related statutes fall under the umbrella of Title VI.

Title VI prohibits the following actions for recipients of federal assistance. Recipients (hereinafter sometimes referred to as Recipient, Recipients, Subrecipients or Subrecipient) of federal assistance (either directly or through contractual means), on the grounds of race, color, or national origin shall not:

• 1.    Deny a person the chance to participate as a member of a planning or advisory body that is an integral part of the program.
• 2.    Provide a service or benefit to an individual that is inferior (either in quantity or quality) to that provided to others in the program.
• 3.    Provide an individual with a service or benefit in a manner different from others under the program. 
• 4.    Address an individual in a manner that denotes inferiority because of race, color, or national origin. 
• 5.    Subject an individual to segregation in any manner related to the receipt of services or benefits under the program. 
• 6.    Subject an individual to separate treatment in any manner related to receiving services or benefits under the program.
• 7.    Restrict an individual in any way in the receipt of any advantage or privilege enjoyed by others under the program.
• 8.    Require different standards or conditions as prerequisites for accepting an individual into a program. 
• 9.    Deny an individual any service or benefit provided under the program.
• 10.    Use criteria or methods of administration which have the effect of subjecting individuals to discrimination or operate to defeat or substantially impair the accomplishment of the objectives of the program.
• 11.     Permit discriminatory activity in a facility built in whole or in part with federal funds.
• 12.    Fail to provide service or information in a language other than English when significant numbers of potential or actual beneficiaries are of limited English speaking ability. 
• 13.    Fail to advise the population eligible to be served or benefited by the program of the existence of the program. 
• 14.    Subject an individual to discriminatory employment practices under any federally funded program whose object is to provide employment.
• 15.    Locate a facility in any way that would limit or impede access to a federally funded service or benefit.
  

Complaint ProcedureAs a recipient of federal financial assistance, the Baltimore Regional Transportation Board (BRTB) has in place the following Title VI complaint procedure.

1.    Submit complaint:  Any person who believes that he or she, or any specific class of persons, has been subjected to discrimination or retaliation, from the Baltimore Regional Transportation Board administration of federally funded programs, as prohibited by Title VI of the Civil Rights Act of 1964, as amended, and related statutes, may file a written complaint.  Such complaint must be filed within 30 calendar days after the date the person believes the discrimination occurred.

Submit written complaints to:

Todd Lang, Secretary
Baltimore Regional Transportation Board
2700 Lighthouse Point East
Suite 310
Baltimore, MD 21224

Complaints shall be in writing and shall be signed by the complainant and/or the complainant’s representative.  Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination and shall include the following information:

• Name, address, and phone number of the Complainant.
  
  
• A written statement of the complaint, including the following details:
  
  
  • (a)    Basis of complaint (i.e., race, color, national origin or language, disability, religion, familial status, or retaliation). 
  • (b)    The nature of the incident that led the complainant to feel discrimination was a factor. 
  • (c)    A detailed explanation of the alleged discriminatory act(s). 
  • (d)    The date or dates on which the alleged discriminatory event or events occurred.
  • (e)    If applicable, name(s) of alleged discriminating official(s).
    

• Other agencies (state, local or Federal) where the complaint is also being filed (optional).
  
  
• Complainant’s signature and date.
  

2.    Review and Response:  Upon receipt of the Complaint, the BRTB Secretary shall appoint one or more staff review officers, as appropriate, to evaluate and investigate the complaint. 

Upon completion of the review, the staff review officer(s) shall make a recommendation regarding the merit of the Complaint and whether remedial actions are available to provide redress. Additionally, the staff review officer(s) may recommend improvements to the BRTB’s processes relative to Title VI and environmental justice, as appropriate.

The staff review officer(s) shall forward their recommendations to the BRTB Secretary, for concurrence.  If the BRTB concurs, the BRTB Secretary shall issue the BRTB’s written response to the Complainant. This response shall be issued no later than 30 calendar days after the date the BRTB Secretary received the Complaint. If more time is required, the BRTB Secretary shall notify the complainant of the estimated time-frame for completing the review.

3.    Appeal: The Complainant may appeal the BRTB Secretary’s response to the Complaint by submitting a written appeal to the BRTB Chair no later than 15 calendar days after receipt of the BRTB Secretary’s written response.  A response to any appeals will be issued by the BRTB Chair within 15 days of receipt.
 
4.    Submission of Complaint to the Maryland Department of Transportation: If the Complainant is dissatisfied with the BRTB’s resolution of the Complaint, he or she may also submit a complaint to the Maryland Department of Transportation for investigation.  In accordance with Chapter VII, Title VI Discrimination Complaints, of Federal Transit Administration Circular 4702.1A, such a complaint must be submitted within 180 calendar days after the date of the alleged discrimination. Chapter IX of the FTA Circular 4702.1A, which outlines the complaint process to the Department of Transportation, may be obtained online at www.fta.dot.gov.  Paper copies of the circular may be obtained by calling FTA's Administrative Services Help Desk, at 202-366-4865.

These procedures do not deny the right of the complainant to file formal complaints with other state or Federal agencies or to seek private counsel for complaints alleging discrimination.  These procedures are part of an administrative process that does not provide for remedies that include punitive damages or compensatory remuneration for the complainant.

Download a complaint form


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Last Updated on Tuesday, 15 December 2009 10:16