The Why and How of Disparity Studies

1
The Why and How of Disparity Studies

• Insight for Economic Development Inclusive
  Business Initiative
• Lessons from the Washington State Department of
  Transportation

2
Quick overview of what happened?
3
A Road Less Traveled (aka why did this happen to
us?)

• We had an approved DBE plan, written in
  accordance with the sample plan
• We had never been told that we had to have a
  study
• We werent setting goals on all projects
• We were doing what every other state DOT was
  doing
• The goal in question could have been adjusted

4
How Have the Other States in the 9th Circuit Been
Impacted?

• Several states were impacted by the Western
  States Paving Decision.

Many of the states have either conducted or are
in the process of conducting disparity studies
Alaska Study in progress which includes airports.
Currently operating RN at half of RC goal. Study
not complete yet.
5
How Have the Other States in the 9th Circuit Been
Impacted?

• California Study completed in 2007. Requesting a
  waiver to exclude Hispanics.
• Have received challenges about study from
  various groups. Not approved yet.
• Idaho Study recommended a 10.5 RN goal with more
  focus on DBE Support Services. Evaluating study
  recommendations. Not approved yet.

6
How Have the Other States in the 9th Circuit Been
Impacted?

• Montana Montana Study draft was to be completed
  by April 2008. Delays due to data collection
  issues.
• Nevada Study completed in 2007 resulting in a
  5.7 RN goal. Not approved yet. NVDOT doesnt set
  FAA goals.

7
How Have the Other States in the 9th Circuit Been
Impacted?

• Nevada (cont.)
• McCarran Airport in Las Vegas is doing their own
  study.
• Oregon Study completed in 2007. Waiver requested
  for RC goals fro African Americans and Asians at
  1 for each group in construction only. Port of
  Portland doing Study. Not approved yet.

8
How Have the Other States in the 9th Circuit Been
Impacted?

• Washington Completed Availability Analysis in
  2005. 18.77 overall goal (14.07 RC) Goal
  methodology study approved. Looking for funding
  for next disparity study.
• Hawaii Currently conducting a disparity study and
  have experienced delays due to collection issues.

9
Helpful Tips for DBE Practitioners or Other
involved in Conducting Disparity Studies

• Do Self-Evaluation/What are Your Program
  Challenges?
• Make the Case for What You Need
• Stay Informed about DBE Program Updates
• Get Keep Your Data Straight!

10
Helpful Tips for DBE Practitioners or Other
involved in Conducting Disparity Studies

• Have a Plan for conducting a Study
• Funding
• Communication strategy
• look for opportunities to communicate
• Data collection
• Consultation

11
Helpful Tips for DBE Practitioners or Other
involved in Conducting Disparity Studies

• Know Litigation Risk/Involve Legal Counsel
• Know Your Limitations
• Prepare for Public Records Requests
• Keep Track of Complaints (Formal Informal)
• Remember importance of Title VI in DBE Program!