limited english proficiency and title vi of the civil rights act april 15, 2015 fair housing...
TRANSCRIPT
LIMITED ENGLISH PROFICIENCY AND TITLE VI OF THE
CIVIL RIGHTS ACT
April 15, 2015
Fair Housing Training Gary Hanes
2
NOT EVERYONE SPEAKS ENGLISH
25 million or about 9% LEP population in the U.S.
60,000 LEP persons in ID or about 4% of the population
380 languages in the U.S. (160 are indigenous)
Language other than English spoken in 10%+ of ID homes
Worldwide there are 7000 languages
Boise 80-100 Meridian 58 Canyon County 12Twin Falls 21
Why is this important?
3
LANGUAGES IN OUR SCHOOL DISTRICTS
These are households where no one over age 14 speaks English very well
4
LINGUISTICALLY ISOLATED HOUSEHOLDS
All HH
Spanish HH
Idaho 2.2% 21.3%
The City of Boise’s Analysis of Impediments to Fair Housing and its 2011-2015 Fair Housing Plan reported:
5
LANGUAGE ASSISTANCENEEDS IMPROVEMENT
72% of refugees…said they received verbal interpretation of
their apartment lease; 14% reported no form of translation or having to obtain translation services themselves.
Title VI of the 1964 Civil Rights ActProhibits discrimination on the basis of race,
color, and national origin in programs and activities receiving federal financial assistance
U.S. Supreme Court—Lau v. Nichols (1974)
Executive Order 13166 (2000)Federal Agency Guidelines HUD – 2007 6
LEGALUNDERPINNINGS
7
8
Persons who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English can be limited English proficient, or ‘‘LEP.’’
9
WHAT IS LIMITED ENGLISH PROFICIENCY?
Interpretation: listening to something in one language…and orally converting it into another....
Translation…replacement of written text from one language into an equivalent written text in another language.
But, what about gesturing and pantomiming?Or, speaking louder and slower? 10
WHAT ISLANGUAGE ASSISTANCE?
11
FULL SPECTRUMLANGUAGE
ASSISTANCENo/Low Touch High Touch
No planCustomer serviceLose a customerLow tech to Higher techMachine interpretation & translationChild interpretersLower accuracyLow cost [Speak slow & loud?] [Gesture/Pantomime?]
Language Assistance ProgramCustomer service/CIVIL RIGHTSMonetary penaltiesLower techHuman interpretation/translationAdult (certified?) interpretersHigh accuracy/Cultural competenceHigh costInterpretation of a documentTranslated ‘offer to interpret’
No or low impact HIGH IMPACT
Low risk HIGH RISK
No federal $ FEDERAL $
12
LANGUAGE ASSISTANCE PROGRAM
13
LANGUAGE ASSISTANCE PROGRAM
LANGUAGE NEEDS ASSESSMENT
14
LANGUAGE ASSISTANCE PROGRAM
LANGUAGE NEEDS ASSESSMENT
LANGUAGE ACCESS PLAN
When the client is:Assessed as being LEP; and,The communication involves the meaningful access by a person to information or services, then:
The interpretation must be competent, timely and free
15
YOU MUST PROVIDE
INTERPRETATION
Using friends and family…especially children to interpret
Different dialects/cultural competency
Machine interpretation not equal to human interpretation
There is no “safe harbor” for interpretation!
16
INTERPRETING CAUTIONS
17
WHAT DOCUMENTS SHOULD BE TRANSLATED?
VITAL DOCUMENTS
Those documents that are critical for ensuring meaningful access by beneficiaries or potential beneficiaries generally and LEP persons specifically.
Such as…
Are there other reasons to translate docs?
18
THERE IS “SAFE HARBOR” FOR
TRANSLATION
All agencies of the federal governmentAll programs that receive federal assistance
State and local agenciesSubrecipientsFor-profit and nonprofit entitiesSpecial districts (fire, water, sewer, etc)
Consultants? 19
WHO MUST COMPLY?
All agencies of the federal governmentAll programs that receive federal assistance
State and local agenciesSubrecipientsFor-profit and nonprofit entitiesSpecial districts (fire, water, sewer, etc)
Consultants? 20
WHO MUST COMPLY?
All agencies of the federal governmentAll programs that receive federal assistance
State and local agenciesSubrecipientsFor-profit and nonprofit entitiesSpecial districts (fire, water, sewer, etc)
Consultants? 21
WHO MUST COMPLY?
All agencies of the federal governmentAll programs that receive federal assistance
State and local agenciesSubrecipientsFor-profit and nonprofit entitiesSpecial districts (fire, water, sewer, etc)
Consultants? 22
WHO MUST COMPLY?
All agencies of the federal governmentAll programs that receive federal assistance
State and local agenciesSubrecipientsFor-profit and nonprofit entitiesSpecial districts (fire, water, sewer, etc)
Consultants?23
WHO MUST COMPLY?
All agencies of the federal governmentAll programs that receive federal assistance
State and local agenciesSubrecipientsFor-profit and nonprofit entitiesSpecial districts (fire, water, sewer, etc)
Consultants? 24
WHO MUST COMPLY?
Feds
MONITORING
25
Feds
States & Local Gov’ts
MONITORING
26
Feds
States & Local Gov’ts
Grantees Subrecipients
MONITORING
27
Feds
States & Local Gov’ts
Grantees
Subrecipients
MONITORING
28
ABC’s: Advocates, Beneficiaries and Citizens
Coverage extends to a recipient’s entire program or activity, i.e., to all parts of a recipient’s operations. This is true even if only one part of the recipient receives the federal assistance.
What are the implications of this?
29
COVERAGE
In a jurisdiction where English has been declared the official language, a HUD recipient is still subject to federal nondiscrimination requirements, including Title VI requirements as they relate to LEP persons.
30
BUT…ENGLISH IS THE OFFICIAL LANGUAGE!
Public Participation PlansEnvironmental clearances – noticesand public hearingsEnvironmental justiceFair treatmentMeaningful involvementDavis-Bacon wage monitoringSection 3
SOME FOCUS AREAS
31
To improve community outreachTo provide good customer serviceTo comply with the law Ensure meaningful access by citizens Avoid disparate treatment
Satisfy grant requirements
To manage riskCivil Rights complaintsAvoid lawsuits
Avoid aggravation32
WHY COMPLY?
A Spanish-speaking tenant failed to recertify HH income. All written and oral communication was in English from the housing provider. The tenant was terminated and did not know her appeal rights.
The affordable housing provider did not have a LNA or LAP. There was bilingual staff, BUT no policy for its use.
33
CASE STUDY 1 -- PHA
The housing provider:Paid the complainant $25,000Adopted LEP Policy and completed a LNA and LAPImproved procedures (inc. interpretation)Translated documentsTrained staffConducted outreach
34
CASE STUDY 1 -- PHA (OUTCOME)
The housing provider:Paid the complainant $25,000Adopted LEP Policy and completed a LNA and LAPImproved procedures (inc. interpretation)Translated documentsTrained staffConducted outreach 35
CASE STUDY 1 -- PHA (OUTCOME)
cue the
colorf
ul language
April 2014 – HUD announced that the State of Nebraska’s Department of Economic Development (DED) failed to sufficiently ensure that persons with limited English proficiency have meaningful access to HUD-funded programs (CDBG and HOME).
CASE STUDY 2 - STATE
36
Nebraska entered into a 3-year Voluntary Compliance Agreement (VCA) with HUD:DED -- Language Assistance ProgramPerform a LNA and do a LAPNotice to subrecipientsTrain subrecipientsMonitor subrecipients…and meet HUD’s schedule!
CASE STUDY 2 – STATE (OUTCOME)
37
Put a Language Assistance Program in place, follow it, and…
Document!Document! Document!
38
THE GOLDEN RULE:
www.lep.govwww.gehanes.com -- Offers to Interpret
-- Know your rights -- In the News -- Langwij Finder -- Connect on Linked In
39
RESOURCES
40
