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.”

The Federal government has laws, policy, and guidance to protect persons with Limited English Proficiency (LEP) who come in contact with government and non-government agencies that receive Federal funding. Such entities can lose their funding if they do not comply with government regulations to provide language access services free of cost. These range from bilingual staff or staff interpreters competent in the skill of interpreting, to contracting qualified 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 web page is a resource for links relating to language access and the protection of LEP persons.

CONTENTS

Laws and Regulations

Spanish Language Materials

Filing a Complaint

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

Website of the Federal Interagency Working Group on LEP
Location: http://www.lep.gov

U.S. Department of Health and Human Services LEP Resources & Tools
Location: http://www.hhs.gov/ocr/civilrights/resources/specialtopics/lep/

Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons
This guide provides information for recipients about their Title VI obligations, including a Four Factor Analysis, which recipients can use to determine what steps they should take to provide meaningful access for LEP individuals.
Source: U.S. Department of Justice
Location: http://www.ojp.usdoj.gov/about/ocr/lep.htm

Commonly Asked Questions And Answers Regarding Executive Order 13166
Source: U.S. Department of Justice
Location: http://www.justice.gov/crt/cor/Pubs/lepqa.php

SPANISH LANGUAGE MATERIALS

Spanish language Fact Sheets about Discrimination
Includes Your Rights under Title VI of the Civil Rights Act of 1964, Where to File a Complaint, etc.
Source: U.S. Department of Health and Human Services
Location: http://www.hhs.gov/ocr/civilrights/complaints/crinfospanish.html

Declaración de derechos para personas con conocimiento limitado del idioma ingles
While this document is issued by the state of Oregon, it clearly bullets the access rights people have in all states and contains a Waiver of Interpreter’s Services.
Location: http://www.oregon.gov/DHS/ph/omh/lep/spanish.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 (LAJC)
Address: 1000 Preston Avenue, Suite A, Charlottesville 22902
Website: http://www.justice4all.org
Contact: Phil Storey (LAJC), phil@justiceforall.org
Contact: Dan Nagin, (UVA Family Resource Clinic, a joint project with LAJC), 434/-243-4320, dnagin@virginia.edu
Contact: Doug Ford (UVA Immigration Law Clinic), (434) 977-0553, Extension 136, doug@justice4all.org
Contact: Tim Freilich (LAJC), (434) 977-0553, Extension 111, tim@justice4all.org
These lawyers help qualified immigrants 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
The process for making complaints is detailed at http://www.hhs.gov/ocr/civilrights/complaints/ 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

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

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.usdoj.gov/about/ocr/pdfs/lep_sample.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

DOJ Resources to assist law enforcement in their development of LEP Plans http://onlineresources.wnylc.net/pb/orcdocs/LARC_Resources/LEPTopics/LE/LawEnforcement.htm

For jails, a useful reference is:

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

NON-GOVERNMENT TOOLS TO HELP AGENCIES COMPLY WITH LANGUAGE RIGHTS

IMPACT 2009-2010 Initiative
IMPACT, a Charlottesville faith-based advocacy group, chose language access as its cause for 2009-2010. To learn about its efforts, contact Brian Plum at (540) 907-2299 or impact@thedartcenter.org

CLAS Act Virginia Initiative
This is a government web site identifying successful programs and resources for health providers to improve their ability to deliver core health care services to limited English proficiency patients.
Source: Virginia Department of Health's Office of Health Policy and Planning (OHPP)
Location: http://www.vdh.virginia.gov/ohpp/CLASact/default.aspx
http://www.vdh.virginia.gov/healthpolicy/healthequity/clasact.htm

“I Speak” Flashcard
This Language Identification Flashcard has the phrase “Mark this box if you read or speak (name of language)” translated into 38 different languages. It was developed by the Census Bureau and is used by government and non-government agencies to identify the primary language of Limited English Proficiency individuals during face to face contacts.
Location: http://www.usdoj.gov/crt/cor/Pubs/ISpeakCards2004.pdf

Resource: Languages by Country
This chart – a useful resource for identifying what language translator is needed - lists languages spoken in every country of the world.
Location: https://www.cia.gov/library/publications/the-world-factbook/fields/2098.html