Equal Employment Opportunity

General
The LG, as a contracting agency, has a responsibility to ensure all federal-aid contractors, subcontractors, vendors and material suppliers do not discriminate in employment and contracting practices based on race, color, religion (in the context of employment), sex, national origin, age or disability.
As a sub-recipient of federal funds, the LG has the responsibility to ensure equal opportunity requirements are included in federal and federal-aid contracts and to ensure consultants and service providers are in compliance with those requirements under the LG’s authority. [The LG has no authority under
Executive Order 11246
to enforce compliance with Office of Federal Contract Compliance Programs (OFCCP) requirements.]
Chapter 7 – Plans, Specifications & Estimates (PS&E) Development
provides additional guidance and references to federal and state regulations related to equal employment opportunity practices.
Federal Requirements
  5. 23 U.S.C. §140
    – Nondiscrimination in employment; and
    23 U.S.C. §324
    – Prohibition of discrimination on the basis of sex
  6. 49 CFR Part 21
    – Nondiscrimination in federally assisted programs of the department of transportation
  7. 23 CFR Part 200
    – Title VI program and related statutes - implementation and review procedures
  8. 23 CFR Part 230
    – FHWA external program regulations
  9. 23 CFR §1.9
    – Limitation on federal participation; and
    23 CFR §1.36
    – Compliance with federal laws and regulations
  10. 23 CFR §635.117(d)
    and
    23 CFR §635.117(e)
    – labor and employment
  12. FHWA Order 4710.8
    – Clarification of FHWA and State Responsibilities under Executive Order 11246 and Department of Labor Regulations in 41 CFR Chapter 60 (the OFCCP administers and enforces the equal employment opportunity requirements referenced in
    Executive Order 11246
    and
    41 CFR Chapter 60
    ).
State Requirements
  1. 43 TAC §9.4
    – Requires TxDOT to monitor recipients of federal funds for Title VI activities.
  2. Texas Labor Code Chapter 21, Subchapter B
    – Prohibits employer discrimination on the basis of race, religion, sex, color, national origin, age or disability.
Required Practices
The
LGPM Guide
provides guidance on the practices used by the LG and TxDOT to implement the equal employment opportunity provisions. In general, all entities will ensure compliance with the applicable state and federal regulations.