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LIMITED ENGLISH PROFICIENCY: Making people welcome in any language

This article discusses the legal underpinnings and coverage requirements of Limited English Proficiency (LEP) in federal programs, as well as the importance of language assistance programs and providing interpretation and translation services. It also provides a case study and resources for implementing effective LEP policies.

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LIMITED ENGLISH PROFICIENCY: Making people welcome in any language

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  1. LIMITED ENGLISH PROFICIENCY:Making people welcome in any language Gary Hanes 2014 Fair Month Housing Training

  2. NOT EVERYONE SPEAKS ENGLISH Language other than English spoken at home age 5+ 25.2 million or about 9% LEP population—2010 Census

  3. LINGUISTICALLY ISOLATED HOUSEHOLDS These are households where no one over age 14 speaks English very well

  4. LEGALUNDERPINNINGS • Title VI of the 1964 Civil Rights Act • U.S. Supreme Court—Lau v. Nichols (1974) • E.O. 13166 (2000) • Federal Agency Guidelines HUD – 2007 USDA - ?

  5. WHO MUST COMPLY? • All agencies of the federal government • All programs that receive federal assistance • State and local agencies • Subrecipients • Private and nonprofit entities

  6. COVERAGE 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?

  7. WHAT IS LIMITED ENGLISH PROFICIENCY? Persons who do not speak English as their primary language and who have alimited ability to read, write, speak, or understand Englishcan be limited English proficient, or ‘‘LEP,’’ and may be entitled to no-cost, timely and competent language assistance.

  8. INTERPRETATION -- TRANSLATION 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. It ranges from a full translation of a document to a short translation of a description of a document.

  9. LANGUAGE ASSISTANCE PROGRAM LANGUAGE NEEDS ASSESSMENT LANGUAGE ACCESS PLAN

  10. LANGUAGE NEEDS ASSESSMENT FOUR FACTORS: • Number or % of eligible LEP persons • Frequency of contact with LEP persons • Nature of the program, activity, or service • Resources available and expected costs

  11. LANGUAGE ACCESS PLAN • Procedures for informing people of their language rights • Procedures for identifying LEP persons • How language assistance will be provided • Docs to be translated; schedule; cost • Staff training • Etc.

  12. YOU MUST PROVIDE INTERPRETATION When the client is: • Assessed as being LEP; and, • The communication involves the meaningful access by aperson to information or services

  13. General Notes on Interpretation • There is a duty to inform a person of the right to free interpretation • It is your duty to provide interpretation • Interpretation must be competent,timelyandfree • Remember the recorded phone greeting

  14. INTERPRETING CAUTIONS • Using friends and family…especially children to interpret • Different dialects/cultural competency • There is no“safe harbor” for interpretation!

  15. 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…

  16. THERE IS “SAFE HARBOR” FOR TRANSLATION Are there other reasons to translate docs?

  17. A FEW WORDS ABOUTAFFIRMATIVE MARKETING • The LNA may or may not inform your Affirmative Fair Housing Marketing Plan • The AFHMP may indicate that to achieve the demographic occupancy goals that marketing information should be in more languages

  18. But…English is the official language! 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.

  19. WHY COMPLY? • To expand your market • To provide good customer service • To comply with the law Ensure meaningful access Avoid disparate treatment • To manage risk Avoid civil lawsuits and Fair Housing complaints

  20. CASE STUDY 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 housing provider did not have a LNA or LAP. There was bilingual staff, BUT no policy for its use.

  21. CASE STUDY - Outcome The housing provider: • Paid the complainant $25,000 • Adopted LEP Policy and completed a LNA and LAP • Improved procedures (inc. interpretation) • Translated documents • Trained staff • Conducted outreach

  22. RULES Put a Language Assistance Program in place, follow it, and… • Document! • Document! • Document!

  23. RESOURCES • U.S. Department of Justice: www.lep.gov • www.gehanes.com -- Offers to Interpret -- “Please Repair” pamphlet -- In the News -- Connect on Linked In

  24. 208-515-2185 gary@gehanes.com www.gehanes.com GOOD CUSTOMER SERVICE IS WELCOME IN ANY LANGUAGE – Erik Kingston

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