The National Academies

NCHRP 20-06/Topic 23-06 [Final]

Update of Selected Studies in Transportation Law: Volume Eight, Section 1: Transportation Agencies and Civil Rights
[ NCHRP 20-06 (Legal Problems Arising out of Highway Programs) ]

  Project Data
Funds: $20,000
Research Agency: The Thomas Law Firm
Principal Investigator: Larry W. Thomas
Effective Date: 11/4/2016
Completion Date: 7/31/2017
Comments: Completed. Published as NCHRP Report

This digest analyzes federal laws and regulations as they affect transportation agencies in their business practices, construction of facilities, hiring, and services provided to the public. Specifically, the digest discusses:

·         The constitutionality of the U.S. DOT’s disadvantaged business enterprise (DBE) program applicable to public contracting and judicial precedents since Adarand Constructors, Inc. v. Pena (Adarand III).

·         Disparate impact cases that have arisen out of the location of highways and related projects and the effects of Section 601 of Title VI of the Civil Rights Act of 1964 and § 602 of Title VI.

·         The constitutional and statutory authority for § 1983 actions based on the authority of Congress to enforce the Fourteenth Amendment to the U.S. Constitution

·         The statutory and regulatory framework for claims under the Age Discrimination in Employment Act (ADEA).

·         Title VII of the Civil Rights Act of 1964 as a proscription of disparate treatment by employers in hiring, including pattern-or-practice discrimination, promotions, suspensions, and terminations.

·         The Americans with Disabilities Act (ADA) and the prohibition of discrimination in employment, in providing public services, and in providing accommodations to individuals with disabilities, including those who use wheelchairs.

·         The First Amendment to the U.S. Constitution, specifically state Adopt-a-Highway programs and free speech in the workplace.

The digest will be useful to transportation lawyers, state and federal civil rights transportation officers, private civil rights attorneys, civil rights groups, students, administrators, and researchers of civil rights in transportation.

Volume 8: Transportation Law and Government Relations, Selected Studies in Transportation Law covers civil rights and transportation agencies, transportation and the United States Constitution, Indian transportation law, and motor vehicle law.  Volume 8 may accessed at: https://www.trb.org/Publications/Blurbs/159372.aspx.


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