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Title VI Policies and Complaint Process

Your Rights against Discrimination under Title VI of the Civil Rights Act of 1964

The City of Auburn, Washington government agency hereby gives public notice that it is the Agency’s policy to assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations in all programs and activities. Title VI requires that no person shall, on the grounds of race, color, or national origin be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Federal Aid Highway program or other activity for which Agency receives federal financial assistance.

Any person who believes they have been aggrieved by an unlawful discriminatory practice by a City of Auburn employee, City of Auburn department, or entity affiliated with the City of Auburn government agency under Title VI has a right to file a formal complaint with the City of Auburn.

Any such complaint should be filed within 180 days following the date of the alleged discriminatory occurrence. Obtain the Title VI Discrimination Complaint Form online in multiple languages, or from the City of Auburn Office of Equity at no cost to the complainant.

**Disclaimer: The City of Auburn refers to the City of Auburn, Washington government agency NOT every business, entity, institution, program, or activity that is located within the City of Auburn limits. **

Contact:

Candis Martinson - Human Resources Director/Title VI Coordinator
[email protected]
253-288-3141

Washington Department of Transportation
Office of Equal Opportunity – Title VI
Box 47314
Olympia, WA  98504-7314
[email protected]
Phone: 800-259-9143

Title VI Policy Statement

It is the policy of the City of Auburn that no person shall on the grounds of race, color, and national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any operation of City of Auburn as provided by Title VI of the Civil Rights Act of 1964 and related statutes.

This policy applies to all operations of City of Auburn, including its contractors and anyone who acts on behalf of City of Auburn. This policy also applies to the operations of any department or agency to which City of Auburn extends federal financial assistance. Federal financial assistance includes grants, training, equipment usage, donations of surplus property, and other assistance.

Prohibited discrimination may be intentional or unintentional. Seemingly, neutral acts that have disparate impacts on individuals of a protected group and lack a substantial legitimate justification are a form of prohibited discrimination. Harassment and retaliation are also prohibited forms of discrimination.

Examples of prohibited types of discrimination based on race, color, or national origin include: Denial to an individual any service, financial aid, or other benefit; Distinctions in the quality, quantity, or manner in which a benefit is provided; Segregation or separate treatment; Restriction in the enjoyment of any advantages, privileges, or other benefits provided; Discrimination in any activities related to highway and infrastructure or facility built or repaired; and Discrimination in employment.

Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator is authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 USC § 2000d and related statutes, 42 USC 4601 to 4655; 23 USC 109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28 CFR 50.3 and 49 CFR part 21.

Signed by Mayor Nancy Backus, October 6, 2022

Who is eligible to file a complaint?

Anyone who believes they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any City of Auburn, Washington governmental program, service, or activity because of their race, color, or national origin may file a complaint. 

Discrimination includes lack of access, harassment, retaliation and disparate impacts from a program or activity.  Harassment includes a wide range of abusive and humiliating verbal or physical behaviors. Retaliation includes intimidating, threatening, coercing, or engaging in other discriminatory conduct against anyone because they filed a complaint or otherwise participated a discrimination investigation.

**Disclaimer: The City of Auburn refers to the City of Auburn, Washington government agency NOT every business, entity, institution, program, or activity that is located within the City of Auburn limits.**

Title VI - Discrimination Complaint Procedure for City of Auburn, Washington Government Agency

Federal law prohibits discrimination on the basis of race, color, or national origin in any City of Auburn, Washington governmental program, service, or activity. This prohibition applies to all branches of the City of Auburn government agency, its contractors, consultants, and anyone else who acts on behalf of the City of Auburn government agency. 

Complaints related to the Federal-aid programs may be filed with the City of Auburn government agency and will be forwarded to Washington State Department of Transportation – Office of Equal Opportunity.

If you need assistance to file your complaint or need interpretation services, please contact the City's Human Resources department at [email protected]

How do you file a complaint?

Complaints must be filed no later than 180 days from the last date of the alleged discrimination.  Contact the City's Human Resources department if you believe your complaint may fall outside this deadline.

Reasonable efforts will be made to assist persons with disabilities, non-English speakers, and others unable to file a written complaint. For assistance in filing a complaint, please contact the City's Human Resources department at [email protected].

Complaints should be in writing, signed, and may be filed by mail, fax, in person, or e-mail. If a complainant phones the City of Auburn with allegations, the allegations of the complaint will be transcribed as provided by phone and then the written complaint will be sent to the complainant for correction and signature. 

A complaint should contain the following information:

  • The complainant’s contact information, including, if available: full name, mailing address, phone number (and best time to call), and email address (if available);
  • The basis of the complaint (e.g., race, color, national origin);
  • The names of specific person(s) and/or agencies/organizations alleged to have discriminated;
  • A description of the alleged discriminatory actions, meaning sufficient information to understand the facts that led the complainant to believe that discrimination occurred in a program or activity that receives Federal financial assistance; and
  • The date(s) of the alleged discriminatory act(s) and whether the alleged discrimination is ongoing.

All Title VI complaints are logged. The Complaint Log must contain the following information for each complaint filed:

  • The name and address of the person filing the complaint.
  • The date of the complaint.
  • The basis of the complaint.
  • The disposition of the complaint.
  • The status of the complaint.

The Complaint Log and documentation are destroyed four years after the end of the fiscal year in which the case is closed.

The City of Auburn then forwards complaints to the Washington State Department of Transportation (WSDOT) Office of Equal Opportunity for processing by the Federal Highway Administration (FHWA). WSDOT investigates complaints only if delegated by FHWA after acceptance of a complaint. FHWA is responsible for all determinations regarding whether to accept, dismiss, or transfer the complaint and finding no violation or failure to comply.

Complainants have the right to file a complaint directly with the federal funding agency. The following address is where Title VI complaints may be filed directly with FHWA:

Federal Highway Administration 
U.S. Department of Transportation Office of Civil Rights
8th Floor E81-105 
1200 New Jersey Avenue SE
Washington, DC 20590
[email protected]

What happens after a complaint is filed?

If your complaint is forwarded to another agency, you will be provided the name and contact information of the employee handling your complaint.

Federal law prohibits retaliation against individuals because they have filed a discrimination complaint or otherwise participated in a discrimination investigation.  Any alleged retaliation should be reported in writing to the investigator.

FHWA will render final decisions in all cases including those investigated by WSDOT. There are no administrative appeal forums in Title VI complaints. Once FHWA issues its final agency decision, a complaint is closed.

There is no prohibition against a complainant filing a Title VI complaint simultaneously with the City of Auburn, WSDOT, and FHWA.

What if my complaint does not qualify for investigation?
If your situation does not qualify for investigation by us, we will refer you to another agency or provide resources for help.