Port of Vancouver USA

Civil Rights

Civil Rights and Title VI

Port of Vancouver USA (port) is committed to ensuring that no person is excluded from participation in, denied the benefits of, or subjected to discrimination under any program, activity, or service that it provides. The port will not tolerate intimidation, threats, coercion, or discrimination against any individual or group. This policy establishes a framework for taking reasonable steps to ensure access to all services provided by the port for all port’s districts citizens and establishes procedures whereby the port will receive and investigate allegations of discrimination.

Title VI of the Civil Rights Act of 1964 is the overarching civil rights law that prohibits discrimination based on race, color, or national origin, in any program, service, or activity that receives federal assistance. Specifically, Title VI assures that “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity receiving federal assistance.” Nondiscrimination prohibitions have been further broadened and supplemented by related statutes, regulations, and executive orders.

The port is actively engaged in Title VI activities as a recipient of federal assistance from Federal Highway Administration (FHWA) and the Department of Homeland Security (DHS).

The following Federal Laws and Executive Orders expand the Title VI and Civil Rights nondiscrimination mandate:

The Civil Rights Restoration Act of 1987
This act clarified the definition of “programs and activities” covered by the nondiscrimination provisions of civil rights statutes. The revised definition states that discrimination is prohibited throughout an entire agency or institution, if any part of that agency receives Federal financial assistance.

The Americans with Disabilities Act (ADA)
The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, school, transportation, and all public and private places that are open to the general public. The purpose of this law is to make sure people with disabilities have the same rights and opportunities as everyone else. The ADA has five titles that relate to different areas of public life.

Environmental Justice (EJ)
Executive Order 12898 seeks to avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low-income populations, and to ensure the full and fair participation by all potentially affected communities in the transportation decision-making process.

Title IX of the Education Amendments of 1972 (Title IX)
This act prohibits discrimination on the basis of sex in any education or training program receiving federal financial assistance, with a limited number of defined exceptions.

Section 504 of the Rehabilitation Act of 1973 (Section 504)
Section 504 forbids discrimination on the basis of an individual’s disability by all federal agencies and in all federally funded activities.

The Age Discrimination Act of 1975
In accordance with this act as amended, no person in the United States shall, on the basis of age, be excluded from participation, in be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.

U.S. Department of Homeland Security regulation 6 C.F.R. Part 19,
This act ensures the equal treatment of faith-based organizations in social service programs.

Limited English Proficiency (LEP)
Executive Order 13166 ensures individuals whose first language is not English and have a limited capacity to read, write or understand English are provided meaningful access to programs, information and services by any entity receiving Federal funding.

Title VI Documents

What Does This Mean?

The port will not restrict an individual in any way from the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under any of its programs, regardless of the funding source for the program. Individuals may not be subjected to criteria or methods of administration which cause adverse impact because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program because of race, color or national origin.

The port will not tolerate intimidation, threats, coercion, or discrimination against any individual or group for the purpose of interfering with any right or privilege guaranteed under law or regulations, or because the individual has filed a complaint or has testified, assisted, or participated in any way in an investigation, proceeding, or hearing or has opposed any port action or decision under the DHS regulation implementing Title VI (6 C.F.R. 21.11(e))

The port will take reasonable measures to provide access to port services to individuals with limited ability to speak, write, or understand English and/or to those with disabilities.

 

Access to Persons with Limited English Proficiency (LEP)

The port will take reasonable steps ensure access for all, and that accommodation is available to facilitate the participation of those persons with limited English language proficiency.

The port provides at no cost appropriate auxiliary aids and services including qualified interpreters to LEP persons, to those who are deaf or hard of hearing, or other individuals as necessary to ensure effective communication or an equal opportunity to participate fully.

The port is also able to accommodate the needs of other LEP (non-Spanish speaking) persons through specialty contracts for translation services.

 

“I Speak” Resources and Language Access Plan

In order to ensure that any limited English or non-English speaking resident receives equal access to services, the Port of Vancouver program provides “I Speak” Cards that direct public agency employees to provide such assistance. Port staff can assist those who speak limited or no English to obtain the appropriate card for their language and carry it with them.

If you speak Spanish or Russian or require an interpreter at one of our events or meetings, please call 360-693-3611.

INFORMACIÓN DEL PUERTO: SI NECESITA UN INTÉRPRETE EN UNO DE NUESTROS EVENTOS O REUNIONES, FAVOR DE CONTACTARSE CON EL PUERTO DE VANCOUVER AL 360-693-3611.

ИНФОРМАЦИЯ О ПОРТЕ: ЕСЛИ ВАМ НУЖЕН УСТНЫЙ ПЕРЕВОДЧИК НА ОДНОМ ИЗ НАШИХ МЕРОПРИЯТИЙ ИЛИ ВСТРЕЧ, ПОЖАЛУЙСТА, ОБРАЩАЙТЕСЬ В ПОРТ ВАНКУВЕР ПО ТЕЛЕФОНУ 360-693-3611.

 

Filing a Title VI Complaint

The Title VI Discrimination Complaints Procedure is a mechanism to resolve grievances, remedy discrimination and improve program delivery and services. And person/s who believes they have been subjected to unlawful discrimination (denied the benefits of, access to, or participation in the programs and activities of WSDOT) based on race, color, national origin, sex, age, disability, income or Limited English Proficiency in programs, activities, or services of the Port of Vancouver.

It is impermissible for a recipient or other person to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title VI, or because the individual has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under the DHS regulation implementing Title VI (6 C.F.R. 21.11(e)). Any individual alleging such harassment or intimidation may file a separate complain with DHS.

To file a complaint, individuals may contact the port’s Title VI Coordinator to seek informal resolution. If the matter cannot be resolved informally, the following steps will be followed:

Within 180 days of the alleged discrimination, complainants may submit a written or verbal complaint to the Title VI Coordinator. Complaints must include the complainant’s name, the nature of the complaint, the dates of the complaint, requested action, and contact information. Complaint forms are available in English and Spanish.

  • The Title VI Coordinator will review the complaint and may solicit additional information from the complainant as needed. If additional information is requested and not received, the case may be closed. The case may also be closed if the complainant no longer wishes to pursue their case.
  • If the complaint is outside the jurisdiction of the port, the complainant will be notified of the name and contact information for the appropriate agency with jurisdiction, if known.

Complaint Processing
If the complaint is within the jurisdiction of the port, or informal resolution was not possible, it will be promptly and impartially investigated. The port’s goal is to address complaints within 60 days of receipt, though the time to carefully investigate complaints may be longer depending on the nature of the complaint and complexity of the issue.

Preliminary Inquiry
The port will conduct a preliminary inquiry to determine the need for further investigation.

The port will notify the complainant in writing that a preliminary inquiry is underway to determine the need for further investigation.

  • If the preliminary inquiry by the port indicates that an investigation is warranted, the complainant will be notified in writing and an interview will be scheduled.
  • If the preliminary inquiry indicates an investigation is not warranted, the complainant will be notified in writing of the reasons why and factors considered.

Complaint Investigation

  • Complaints warranting further investigation will be promptly and impartially processed by the port office of Human Resources. The results of the investigation will be provided to the port office of Human Resources for review.
  • The complainant will be notified in writing of the results of the investigation and what actions will be/have been taken in response and a timeline to request review.

 

For questions, please contact us:

Nicole Lutton
Title VI Coordinator
3103 NW Lower River Road
Vancouver, WA 98660
Email: info@portvanusa.com
Phone: 360.693.3611

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NEWSLETTERS AND REPORTS

Port of Vancouver USA

3103 NW Lower River Road, Vancouver, WA 98660

PHONE360-693-3611 FAX360-735-1565 EMAIL info@portvanusa.com