Everyone in the U.S., including undocumented immigrants, are protected by Title VI of the Civil Rights Act of 1964 which states that “no person shall on the grounds of race, color, or national origin, be denied the benefits of … any program or activity receiving Federal financial assistance.”

To strengthen Title VI, in August 2000, President Clinton signed Executive Order 13166, requiring federal agencies and state and local agencies receiving federal funds, to develop guidelines guaranteeing accessibility to their programs by persons with Limited English Proficiency (LEP). The EO required agencies to submit their LEP guidelines or plans to the Department of Justice by mid December 2000 and to publish them for public comment. In October 2001, the Department of Justice, with the support of President Bush, required agencies to republish their LEP guidelines for public awareness and comment.
Under these laws recipients of federal funds and federal agencies are responsible for providing competent language services free of cost. These range from hiring bilingual staff or staff interpreters competent in the skill of interpreting, to contracting with qualified outside in-person or telephonic interpreter services, to arranging formally for the services of qualified voluntary community interpreters who are bound by confidentiality agreements. Generally, it is not acceptable for agencies or recipients to rely upon an LEP individual’s family members or friends to provide the interpreter services.

This page is a resource for links relating to Executive Order 13166. Please send an email to peterl@piedmonthousing.org to contribute a reference to this page. For LEP plans in Virginia, see the web page LEP Problems, Proposals and Actions in Virginia.

CONTENTS

Laws and Regulations

Spanish Language Materials

Filing a Complaint

Local Government Agencies Receiving Federal Funds

Local Consultations & Trainings

Funding for LEP Services

LEP Policy Planning Tools for Police Departments

Non-Government Tools to Help Agencies Comply with Language Rights

LEP LAWS AND REGULATIONS

Executive Order 13166
Source: Civil Rights Division, Department of Justice Web Page
Location: http://www.usdoj.gov/crt/cor/13166.htm

Title VI of the Civil Rights Act of 1964
Source: U.S. Department of Justice Web Page
Location: http://www.usdoj.gov/crt/cor/coord/titlevi.htm

Title VI of the Civil Rights Act of 1964 Fact Sheet
Source: U.S. Health and Human Services
Location: http://www.hhs.gov/ocr/lep/fact.html

Clearinghouse of Resources for Recipients of Federal Funds, Information for Community Organizations, and Guidance for Federal Agencies
Source: Let Everyone Participate Web Site
Location: http://www.lep.gov

Guidance to Federal Financial Assistance Recipients Regarding Title VI and the Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons – Summary (March 9, 2007)
Source: U.S. Department of Health and Human Services
Location: http://dhhs.gov/ocr/lep/summaryguidance.html

Fact Sheet on Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient (LEP) Persons (March 19, 2007)
Source: U.S. Department of Health and Human Services
Location: http://dhhs.gov/ocr/lep/lepfactsheet.html

Questions And Answers Regarding The Department Of Health And Human Services Guidance To Federal Financial Assistance Recipients Regarding The Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons.
(March 19, 2007)
Source: U.S. Department of Health and Human Services
Location: http://dhhs.gov/ocr/lep/finalproposed.html

Overview of laws and regulations in existence prior to the Executive Order requiring federal fund recipients to provide access to LEP persons. (December 31, 2001)
Source: National Immigration Law Center
Location: http://www.nilc.org/immspbs/la/NILC_comments_OMB.htm

Brochure for Federal Agencies and Recipients
Source: U.S. Department of Justice Web Page
Location: http://lep.gov/recipbroch.html
http://www.ojp.gov/ocr/docs/LEP_recipient_brochure.pdf

Brochure for Beneficiaries of Federally Assisted Programs
Source: U.S. Department of Justice Web Page
Location: http://lep.gov/benebroch.htm
http://www.ojp.gov/ocr/docs/LEP_beneficiary_brochure.pdf

Self-Assessment Tool for Recipients of Federal Financial Assistance
Source: U.S. Department of Justice Web Page
Location: http://lep.gov/selfassesstool.htm
http://www.ojp.gov/ocr/docs/selfassesstool.pdf

SPANISH LANGUAGE MATERIALS

Preparing for Immigration Reform
Preparándose para la Reforma de Inmigración
While the prospects don’t look good for immigration reform any time soon, this pamphlet advises Latinos about the documents they should have to access both immigration reform and agencies receiving federal funds, like Social Services.
Source: Charlottesville Immigration Law Center
Location/Spanish: Click here
Location/English: Click here

Fact Sheet About Title VI
Sus derechos bajo el Título VI del Acta de los Derechos Civiles de 1964 (2 de mayo de 2007)
Source: U.S. Department of Health and Human Services
Location: http://dhhs.gov/ocr/factsheets/spanish/title6.pdf

How To File a Discrimination Complaint
Cómo Presentar Una Queja Por Discriminación Ante La Oficina Para Los Derechos Civiles (2 de mayo de 2007)
Source: U.S. Department of Health and Human Services
Location: http://dhhs.gov/ocr/factsheets/spanish/howtofile.pdf

Título VI del Acta de Derechos Civiles de 1964
Guide containing and explaining access laws.
Source: U.S. Health and Human Services
Location: http://www.hhs.gov/ocr/lep/spanish/guide.html
http://www.hhs.gov/ocr/lep/finalproposed-espanol.html

Declaración de derechos para personas con conocimiento limitado del idioma ingles
While this document is issued by the state of Oregon, it bullets the access rights people have in all states.
Location: http://www.oregon.gov/DHS/ph/omh/lep/spanish.pdf

Conozca sus derechos folleto
Brochure explaining access rights.
Location: http://www.lep.gov/LEP%20KYR%20-%20Spanish.pdf

FILING A COMPLAINT

When a LEP person confronts a language access barrier, it is best to quickly contact the office where the discrimination occurred. If doing so does not provide satisfactory results, the person has the following recourses:

Legal Aid Justice Center
Address: 1000 Preston Avenue, Suite A, Charlottesville 22902
Telephone: (434) 977-0553
Contact: Tim Freilich, Extension 111
Contact: Doug Ford, Extension 136
These two bilingual (English/Spanish) lawyers help qualified immigrants who have been unjustly taken into custody by the police or immigration and who confront a language barrier when trying to access services from government offices, hospitals, and other agencies.

Complaints about UVA’s treatment of Spanish Language Clients
Any questions, concerns or complaints about UVA’s language assistance or treatment of Spanish Language Clients should be directed to Sally LeBeau at SBS5H@hscmail.mcc.virginia.edu with the patient's full name, date of birth and/or patient number."

Complaints Against Offices Receiving Federal Assistance
Information about filing a complaint against offices that violate Tittle VI of the Civil Rights Act of 1964 can be found in a Department of Justice brochure located at: http://www.usdoj.gov/crt/cor/Pubs/t6broch.htm

Persons and organizations wishing to report specific incidences of language barriers may do so anonymously. All complaints can be directed to the Regional Manager for Civil Rights, Paul Cushing, at 215-861-4441 (phone), 800-368-1019 (hotline), 215-861-4431 (fax), Paul.Cushing@hhs.gov, or at Paul Cushing, Health & Human Services, 150 S. Independence Mall West, Suite 372, Public Ledger Bldg, Philadelphia, PA 19106-9111

How To File A Discrimination Complaint (June 2006)
Source: U.S. Department of Health and Human Services
Location: http://www.hhs.gov/ocr/howtofile.pdf

How To File a Discrimination Complaint (In Spanish)
Cómo Presentar Una Queja Por Discriminación Ante La Oficina Para Los Derechos Civiles (2 de mayo de 2007)
Source: U.S. Department of Health and Human Services
Location: http://dhhs.gov/ocr/factsheets/spanish/howtofile.pdf

Complaints Against Virginia Social Services Offices
This Virginia Department of Social Services webpage provides information about filing a complaint against language barriers confronted at one of its local agencies.
Location: http://www.dss.virginia.gov/printer/benefit/discrimination.html

LOCAL GOVERNMENT AGENCIES RECEIVING FEDERAL FUNDS

Albemarle County
2% of the county’s budget of $176,599,527 comes from Federal revenues. Four agencies receive Federal Funds: Public Schools, Social Services, Police, Fire and Rescue.
Source: General Fund Revenues, Albemarle County FY 2005-06 Adopted Operating Budget
Location: http://www.albemarle.org/upload/images/forms_center/departments/budget/forms/FY06_Adopted_E_Revenues.pdf

Charlottesville City
Description: Pending
Source: TBA
Location: TBA

LOCAL CONSULTATIONS AND TRAININGS

Jill Borak
Email: jill@cvlas.org
This bilingual (English/Spanish) attorney from the Central Virginia Legal Aid Society can be consulted about issues relating to access laws protecting immigrants and contacted to provide presentations on the subject.

FUNDING FOR LEP SERVICES

Funding for Medical Interpreters
Medical Interpreter Loan Repayment Program
Contact: Fatima Sharif
Email: Fatima.Sharif@vdh.virginia.gov

The Virginia Medical Interpreter Loan Repayment Program has been established to build capacity statewide to deliver linguistically appropriate healthcare services and communicate with limited English proficient (LEP) individuals in the event of a public health emergency. Funds are being made available to provide full tuition reimbursement to a limited number of bilingual individuals each year who wish to be trained as medical interpreters through an authorized Virginia course provider. Any bilingual individual who has successfully passed the course pre-requisite language proficiency test is eligible to apply. For the 40 credit hours of tuition repaid on their behalf, an applicant must agree to participate in 40 hours of community service (community service hours must be completed within 12 months after course completion) as an interpreter through an authorized Virginia course provider interpreter service program AND/OR an authorized healthcare safety net provider site. Applicants must also be willing to be called on to assist with interpretation in the event of a public health emergency.

LEP POLICY PLANNING TOOLS FOR POLICE DEPARTMENTS

The US Department of Justice provides “samples for discussion” and other resources useful for preparing LEP policies. Those related to Police Departments include:

Sample Police Department LEP Policy
http://www.ojp.gov/ocr/SampleLEP_Policy.pdf

Planning Tool: Considerations For Creation Of A Language Assistance Policy And Implementation Plan For Addressing Limited English Proficiency
In A Law Enforcement Agency
http://www.lep.gov/Law_Enforcement_Planning_Tool.htm

Related documents include:

LEP Related Settlement between DOJ and Lakeworth Police Department
(See sections C and D of the agreement)
http://www.lep.gov/lakeworth.pdf

Department of Corrections Planning Tool
http://www.lep.gov/LEP_Corrections_Planning_Tools.htm

NON-GOVERNMENT TOOLS TO HELP AGENCIES COMPLY WITH LANGUAGE RIGHTS

LEP Problems, Proposals and Actions in Virginia
How do service providers in Virginia improve Latino access to their programs? This web page attempts to answer that question by providing references – studies, statistics, LEP proposals, reports on outreach activities – related to Virginia’s Latino population.
http://www.cj-network.org/lep.html

Language Rights: An Integration Agenda for Immigrant Communities.
This November 2007 briefing book, published by the Mexican American Legal Defese & Education Fund (MALDEF) and the Asian American Justice Center (AAJC), is a “proactive agenda to assist newcomers and English Language Learners.” The 34 pages include many sections like LEP demographics, key issues impacted by language access, laws, and English only efforts in Congress.
http://www.maldef.org/publications/pdf/Language%20Rights%20Briefing%20Book.pdf