Legal Problems Arising out of Highway Programs. Topic 23-06. Update of Selected Studies in Transportation Law: Volume Eight, Section 1: Transportation Agencies and Civil Rights

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: (1) 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). (2) 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. (3) The constitutional and statutory authority for § 1983 actions based on the authority of Congress to enforce the Fourteenth Amendment to the U.S. Constitution. (4) The statutory and regulatory framework for claims under the Age Discrimination in Employment Act (ADEA). (5) 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. (6) 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. (7) 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:


  • English


  • Status: Completed
  • Funding: $20000
  • Contract Numbers:

    Project 20-06, Topic 23-06

  • Sponsor Organizations:

    National Cooperative Highway Research Program

    Transportation Research Board
    500 Fifth Street, NW
    Washington, DC  United States  20001

    Federal Highway Administration

    1200 New Jersey Avenue, SE
    Washington, DC  United States  20590

    American Association of State Highway and Transportation Officials (AASHTO)

    444 North Capitol Street, NW
    Washington, DC  United States  20001
  • Project Managers:

    Chisholm-Smith, Gwen

  • Performing Organizations:

    The Thomas Law Firm

  • Principal Investigators:

    Thomas, Larry

  • Start Date: 20161104
  • Expected Completion Date: 20170731
  • Actual Completion Date: 20170731

Subject/Index Terms

Filing Info

  • Accession Number: 01687896
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: Project 20-06, Topic 23-06
  • Files: TRB, RiP
  • Created Date: Dec 10 2018 3:05PM