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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2014

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2 DE Admin. Code 2501
As authorized under 17 Delaware Code Section 132(e) and 29 Delaware Code, Section 8404(8), the Delaware Department of Transportation, ("DelDOT"), through its Division of Technology and Support Services, seeks to adopt amendments to its existing regulations regarding procedures for addressing, investigating and responding to complaints of discrimination on the grounds of race, color, religion, sex, age, national origin or disability with respect to its External EEO Programs.
2501 External Equal Employment Opportunity Complaint Procedure
Discriminationinvolves any act or inaction, whether intentional or unintentional in any program or activity of a Federal-aid recipient, sub-recipient, or contractor, which results in disparate (unfavorable) treatment, disparate impact, or perpetuating the effects of prior discrimination based on race, color, sex, national origin, age, disability or in the case of disability, failing to make a reasonable accommodation. An action (or inaction) whether intentional or unintentional, through which a person, based on race, color, sex, age, national origin or disability, has been subjected to unequal treatment or denied benefits under any program or activity receiving financial assistance from the FHWA under Title 23 U.S.C.
Investigator means an individual or entity assigned to conduct an investigation of a complaint. This may be DelDOT personnel or consultant(s) acting on DelDOT’s behalf.
Investigative report means a written record which contains various documents and information acquired during the investigation under this procedure, including affidavits of the complainant, the alleged discriminating official, and the witnesses, and copies of, or extracts from, records, policy statements, or regulations of the agency, organized to show their relevance to the complaint or the general environment out of which the complaint arose. This document will be provided to the Federal Highway Administration, as required, and will otherwise be maintained confidentially, except where a lawsuit on the same subject has been filed.
Respondent means a person, party, business entity or agency whose action or inaction is complained of by an aggrieved party as being discriminatory or non-compliant with applicable statutes, regulations and policies.
2.1.3 Executive Orders (E.O.). The following Executive Orders further define and refine Civil Rights Statutes and Regulations.
ADA” means the Americans with Disabilities Act of 1990.
ADAAG” means the Americans with Disabilities Act Accessibility Guidelines.
CFR” means the Code of Federal Regulations.
DelDOT” means the Delaware Department of Transportation.
Discrimination” involves any act or inaction, whether intentional or unintentional in any program or activity of a Federal-aid recipient, sub-recipient, or contractor, which results in disparate (unfavorable) treatment, disparate impact, or perpetuating the effects of prior discrimination based on race, color, sex, national origin, age, disability or in the case of disability, failing to make a reasonable accommodation. An action (or inaction) whether intentional or unintentional, through which a person, based on race, color, sex, age, national origin or disability, has been subjected to unequal treatment or denied benefits under any program or activity receiving financial assistance from the FHWA under Title 23 U.S.C.
EEOC” means the U.S. Equal Employment Opportunity Commission.
E.O.” means Executive Order.
FHWA” means the Federal Highway Administration.
FTA” means the Federal Transportation Administration.
HCR” means the Federal Highway Administration Headquarters Office of Civil Rights.
Investigator” means an individual or entity assigned to conduct an investigation of a complaint. This may be DelDOT personnel or consultant(s) acting on DelDOT's behalf.
Investigative report (IR)” means a written record which contains various documents and information acquired during the investigation under this procedure, including affidavits of the complainant, the alleged discriminating official, and the witnesses, and copies of, or extracts from, records, policy statements, or regulations of the agency, organized to show their relevance to the complaint or the general environment out of which the complaint arose. This document will be provided to the Federal Highway Administration, as required, and will otherwise be maintained confidentially, except where a lawsuit on the same subject has been filed.
LOF” means Letter of Finding.
Probable cause” means evidence and information gathered and reviewed as part of the investigation that support the allegations of the complainant and comprise sufficient support that discrimination, or a violation, and/or non-compliance may have occurred.
Respondent” means a person, party, business entity or agency whose action or inaction results in the filing of a complaint by an aggrieved party as being discriminatory or non-compliant with applicable statutes, regulations and policies.
U.S.C.” means the United States Code.
USDOJ” means the U.S. Department of Justice.
USDOT” means the U.S. Department of Transportation.
5.9.2 DelDOT ADA Title II/Section 504 Coordinator has the authority to dismiss ADA Title II/Section 504 complaints.
5.11.2 For Title II/Section 504 Complaints:
Last Updated: December 31 1969 19:00:00.
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