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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2014

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2 DE Admin. Code 2501
The text of 2 DE Admin. Code 2501 shall be in the form attached as Exhibit "A".
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.
2.1.1.2 Section 504 of the Rehabilitation Act of 1973, 42 U.S.C. 794, et seq., provides: No qualified [handicapped person individual with a disability] shall, [solely by reason of his handicap by reason of his or her disability] be excluded from participation in, be denied the benefits of, be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.
2.1.3 Executive Orders (E.O.). The following Executive Orders further define and refine Civil Rights Statutes and Regulations.
[2.1.3.1 E.O. 12250, Leadership and Coordination of Nondiscrimination Laws]
2.1.3.[12] E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
2.1.3.[23] E.O. 13166, Improving Access to Services for Persons with Limited English Proficiency
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 means] 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.
4.4.3.7 Some complaints may be referred to DelDOT by other agencies. In the event the referring agency has the complaint in [their its] possession for an inordinately long period of time and the complainant filed his or her complaint with that agency within the 180-day timeframe, DelDOT will automatically grant an informal extension. In these cases, the complainant will not receive notification of the extension of the filing deadline.
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:
5.11.2.2 When the ADA Title II/Section 504 Coordinator is unable to mediate a resolution of the complaint, the ADA Title II/Section 504 Coordinator will arrange a meeting with the complainant and [an their] authorized representative(s) [of the State agency against which the complaint is filed., if applicable. If the complaint involves additional agencies/entities, the ADA Title II/Section 504 Coordinator will attempt to coordinate the meeting to include participation of an official representative from all parties involved.]
5.11.2.3 [The State agency against which the complaint is filed DelDOT] must answer the complaint in writing within 15 working days of the meeting [unless circumstances arise that require reasonable extensions].
Last Updated: December 31 1969 19:00:00.
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