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Title VI - Settlements and Decisions

Title VI Settlement Agreements between EPA and Recipients

Title VI Settlement Agreements between Complainants and Recipients

Angelita C Settlement

U.S. EPA entered into an Agreement with the California Department of Pesticide Regulation (CDPR) to resolve a civil rights complaint filed under Title VI of the Civil Rights Act of 1964 (Title VI).  Title VI prohibits intentional discrimination and discriminatory effects on the basis of race, color, and national origin by recipients of federal financial assistance.
 
The civil rights complaint alleged that CDPR’s renewal of the registration of methyl bromide discriminated against Latino school children based on the health impacts of this pesticide.  Based on an extensive investigation into the specific circumstances that existed from 1995 to 2001, the EPA Office of Civil Rights (OCR) preliminarily found an unintentional adverse and disparate impact on Latino children from the registration of methyl bromide for that period. EPA communicated those preliminary findings to CDPR on April 22, 2011.
 
CDPR has volunteered through this Agreement to expand on-going monitoring of methyl bromide air concentrations by adding a monitor at or near one of the schools named in the original complaint.  The purpose of the additional monitor is to confirm that there will be no recurrence of earlier conditions.  CDPR also has agreed to share the monitoring results with EPA and the public and will also increase its community outreach and education efforts to schools that are in high methyl bromide usage areas.
  
The following are documents pertaining to this Agreement:
 
For more information on Methyl Bromide, please search here. Search EPA Archive 
 

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Louisiana Department of Agriculture and Forestry (LDAF)

On December 15, 2011, U.S. EPA entered into an Agreement with the Louisiana Department of Agriculture and Forestry (LDAF) to resolve a civil rights complaint filed under Title VI of the Civil Rights Act of 1964 (Title VI) and a limited English proficiency (LEP) Compliance review conducted by EPA pursuant to its authority under Title VI.  Title VI prohibits intentional discrimination and discriminatory effects on the basis of race, color, and national origin, including limited English proficiency, by recipients of federal financial assistance.
 
The civil rights complaint alleged that LDAF’s policy of requiring in-person interviews for Worker Protection Standard (WPS) investigations intentionally discriminated against migrant agriculture workers based on their national origin.  Additionally, the complaint alleged that LDAF’s in-person interview requirement for WPS investigations created a disparate impact based on national origin.  Based on the evidence that the Office of Civil Rights (OCR) found during the course of the Title VI investigation, LDAF did not perform a WPS investigation of the complaint due to its in-person interview requirement.  In addition, the Title VI investigation revealed concerns regarding whether LDAF was providing LEP persons meaningful access to LDAF’s WPS program.  OCR conducted a LEP compliance review and found that LDAF did not have an active language access program.
 
Through the Agreement with EPA, LDAF has volunteered to fulfill a number of commitments, including: 1) adopting and disseminating a written WPS Interview Policy to allow for telephonic interviews when a WPS complainant or witness is unavailable for an in-person interview(s); 2) providing LEP individuals meaningful access to its WPS program consistent with EPA’s LEP Guidance, as required by Title VI of the Civil Rights Act; 3) contracting for translators and/or interpreters; 4) conducting training consistent with the requirements of the Agreement for all relevant LDAF employees; 5) conducting at least eight outreach sessions for relevant stakeholders across the State in which it will discuss LEP issues; and 6) providing to OCR and EPA Region 6 compliance reports that will identify the specific actions/steps that LDAF has taken to comply with the Agreement.
 
Resolution of this complaint and LEP compliance review is part of OCR’s broader effort to improve the manner in which it addresses Title VI and LEP.  With respect to LEP, on September 26, 2011, EPA issued Order No. 1000.32, "Compliance with Executive Order 13166: Improving Access to Services for Persons with Limited English Proficiency" (LEP Order).  The LEP Order sets forth the Agency’s plan to ensure that its programs and activities are meaningfully accessible to LEP persons.  OCR previously provided guidance to its recipients on conducting their programs and activities in an LEP compliant manner.  Taken together, these changes and other upcoming measures will continue to enhance EPA’s ability to implement and enforce Title VI.
 
The following are documents pertaining to this Agreement:
 
 
** Estos  documentos  son una traducción y tienen  el único  propósito de proveer información. Los  documentos traducidos no tienen el propósito de proveer interpretación legal de su texto original y no se consideran como  documentos   legalmente vinculantes. Estos documentos no sustituyen  a ninguna regulación o ley   federal, estatal, o de nación nativo-americana.  De este modo, no crean ni conceden ningún derecho legal y no imponen  ningún requerimiento legalmente vinculante en la EPA, el estado, o en cualquier otra entidad pública o privada.**
 

Illinois Environmental Protection Agency (IEPA)

On April 18, 2013, the U.S. EPA entered into an Agreement with the Illinois Environmental Protection Agency (IEPA) to resolve a civil rights complaint filed under Title VI of the Civil Rights Act of 1964 (Title VI). Title VI prohibits intentional discrimination and discriminatory effects on the basis of race, color, and national origin by recipients of federal financial assistance.
 
The civil rights complaint alleged that IEPA intentionally discriminated against the African American residents of Ford Heights, Illinois, by not providing an opportunity for meaningful involvement in the decision making process with the issuance of construction permits for the Midwest Micronutrients processing facility and for the trial use of wood biomass fuel at the Geneva Energy facility. The evidence gathered during the course of the Title VI investigation raised concerns about the adequacy of IEPA’s notice to the Ford Heights community.
 
Through the Agreement with EPA, IEPA has agreed to fulfill a number of commitments, including: 1) expanding the scope of its Environmental Justice Public Participation Policy (EJ PPP); 2) revising its EJ PPP so that permitting activities in areas identified as potential EJ communities will be given an appropriate level of outreach; 3) posting information on its website concerning grievances received pursuant to IEPA’s EJ Grievance Procedure and the IEPA’s response; 4) redesigning its online permit tracking system webpage to further facilitate the implementation of the EJ PPP; and 5) creating a system that will identify all projects in potential EJ communities and notifying IEPA’s EJ Officer who will determine the appropriate outreach activities.
 
The following are documents pertaining to this Agreement:
 

Greenaction Agreement

On Friday, February 1, 2013, the San Joaquin Valley Unified Air Pollution Control District and Greenaction for Health and Environmental Justice signed a settlement agreement resolving all issues related to the Avenal Title VI Complaint (EPA File # 11R-09-R9). These parties reached their agreement through an Alternative Dispute Resolution (ADR) process, with the assistance of a mediator provided by EPA. EPA is not a party to this agreement, so all questions related to the other specific terms in or the implementation of the agreement should be directed to the parties. The U.S. Environmental Protection Agency strongly supports the use of ADR to address disputes and potential conflicts. Consistent with this policy and the EPA’s regulations implementing Title VI of the Civil Rights Act of 1964, the Office of Civil Rights encourages the use of informal resolution techniques, including ADR, to resolve Title VI complaints when appropriate.
 
The following document is related to the Agreement:
 
 

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