1 / 22

Title VI of the Civil Rights Act of 1964 & Language Access in the State Courts

Title VI of the Civil Rights Act of 1964 & Language Access in the State Courts. U.S. Department of Justice, Civil Rights Division, Federal Coordination and Compliance Section. Title VI Requires….

kathleenadams
Download Presentation

Title VI of the Civil Rights Act of 1964 & Language Access in the State Courts

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Title VI of the Civil Rights Act of 1964 & Language Access in the State Courts U.S. Department of Justice, Civil Rights Division, Federal Coordination and Compliance Section

  2. Title VI Requires… “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” -Civil Rights Act of 1964, Title VI, 42 U.S.C. § 2000d

  3. Federal Authority Parameters • Direct or Indirect Federal Financial Assistance • DOJ • Other federal agencies • What about Federal courts?

  4. …shall on the ground of race, color, or national origin… Beyond the obvious: “[R]ace, color or national origin” includes any perceived race, color, or national origin. National origin can include an individual’s language, culture, ancestry, or other social characteristics.

  5. FCS Courts Initiative • Administrative enforcement • Technical assistance • Engagement with partners • Outreach and training

  6. Typical Language AccessIssues • Partial coverage of proceedings • No assistance outside the courtroom • Interpreter qualifications • Interpreter charges to user • Vital forms that aren’t translated • Penalizing LEP parties

  7. Language Assistance Methods • Professional interpreting • Authorized bilingual staff • Document translation • Forms and notices • Signage

  8. Outside the Courtroom • Clerks and other offices • Mediation and conferences • Specialty program courts • Court programs/services • Court appointed professionals

  9. Vital Documents • Consent and complaint forms, intake forms, • Written notices of rights or denials, • Applications to participate in a program or service

  10. Demographics LEP Adult Population (>18) by Language Spoken Source: FCS Tabulations of the U.S. Census Bureau 2009-2013 American Community Survey

  11. www.lep.gov/maps

  12. *Pie Charts represent Counties with the highest percent of LEP individuals by languages spoken. Source: U.S. Census 2008-2012 American Community Survey Data Table B16001 LANGUAGE SPOKEN AT HOME BY ABILITY TO SPEAK ENGLISH FOR THE POPULATION 5 YEARS AND OVER. The estimates from the ACS are based on a sample survey and hence are subject to sampling error.

  13. Service Delivery Essentials • Notice of language services • Direct individual • Public • Inquiring about language needs • At filing • Staff contact • Requests vs. offers

  14. Notice Of Language Services • Notices written in non-English languages describing language assistance services at intake areas and other points of contact; • Telephone menu in commonly spoken non-English languages; • Information in outreach materials and on the agency website; • Outreach through non-English media and community groups.

  15. Policy Directives Policy Directives can include the following components: • Purpose and Authority • General Policy Statement • Staff Compliance • Language Assistance Measures

  16. LanguageAccessPlan DOJ Guidance elements of an effective plan: • Notice of language assistance services • Identification and assessment • Providing language assistance services • Training of staff • Monitoring and updating of the plan • A language access coordinator

  17. Language Access Procedures Often explain how staff: • Track and record language preference information. • Inform LEP individuals about available language assistance services. • Will assess the language needs of LEP individuals. • Will respond to telephone calls and correspondence. • Can request the translation of documents. • Will process complaints filed by LEP individuals.

  18. Changing Expectations • DOJ docket and technical assistance • ABA Standards - 2012 • NCSC National Call to Action - 2013 • Justice Index - 2016 (justiceindex.org)

  19. Interpreter Engagement • Advocate • Witness and complainant • Stakeholder • Managers, staff, and contractors • Problem solver • Trainer and advisor

  20. Resources • Title VI of The Civil Rights Act of 1964, http://www.justice.gov/crt/about/cor/coord/titlevi.php • Federal Interagency Working Group on Limited English Proficiency, including state court resources, www.lep.gov • Commonly Asked Questions and Answers Regarding the Protection of Limited English Proficient (LEP) Individuals under Title VI of the Civil Rights Act of 1964 and Title VI Regulations, http://www.lep.gov/faqs/042511_Q&A_TitleVI_and_Regulations.pdf • American Bar Association, February 2012, ABA Standards for Language Access in Courts (PDF) • Language Map App, https://www.lep.gov/maps/ • State Justice Institute Grants, http://www.sji.gov/grants/ Resources • Title VI and LEP Videos, http://go.usa.gov/EFi • Language Access Assessment and Planning Tool, http://go.usa.gov/jpJ • DOJ Report: Language Access in State Courts, https://www.justice.gov/crt/file/892036/download • DOJ Complaint: https://www.justice.gov/crt/fcs/complaint-process

  21. U.S. Department of Justice, Civil Rights Division, Federal Coordination and Compliance Section

More Related