Executive Order 13166 Promulgated on August 11, 2000

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Executive Order 13166Promulgated on August 11,
2000

• Improving Access to Services for Persons with
  Limited English Proficiency

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DOL Limited English Proficiency Guidance

• Published in the Federal Register
• on May 29, 2003.
• (originally published on January 17, 2001)
• http//www.justice.gov/crt/cor/13166.htm
• http//www.lep.gov
• http//www.dol.gov/oasam/regs/compliance/LEPguidan
  ce.htm

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DOL Limited English Proficiency Guidance

• The intent of the LEP Guidance
• is to suggest a balance that ensures meaningful
  access by LEP persons
• to critical services while not imposing undue
  burdens on small recipients, small local
  governments, small non-profits.

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Who is the intended audience for the LEP Guidance?

• ALL entities that receive Federal financial
  assistance from the U.S. Department of Labor,
  either directly or indirectly, through a grant,
  contract or subcontract, are covered by the LEP
  Guidance.

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Basic Requirements Under Title VI and Section 188

• Recipients are required to
• take reasonable steps to ensure meaningful access
  to the information and services provided.

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The 4 Factor Analysis

• 1. The number or proportion of LEP individuals
  served or encountered in the eligible service
  population by the program or activity
• The frequency of contact with which LEP
  individuals come into contact with the program
• The nature and importance of the program or
  activity to the participant or beneficiary and,
• 4. The resources available to the recipient in
  carrying out the program or activity and costs.

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Elements of an Effective LEP Program

• Assessment
• Development and implementation of a written
  policy on language access
• Oral Interpretation
• Written Translation
• Outreach
• Staff Training
• Monitoring

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Step 1 Assessment

• The recipient should conduct a thorough annual
  assessment of the language needs of the
  population to be served.

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How is an assessment done?

• Identifying the languages other than English that
  are likely to be encountered in the recipients
  program or activity
• Estimating the number of LEP persons that are
  eligible for services and/or benefits and that
  are likely to be directly affected by the program
  or activity through a review of census, client
  utilization data and statistics from school
  systems, and community organizations

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How is an assessment done?

• Locating the points of contact of all stages of
  the program or activity where language assistance
  is likely to be needed
• Reviewing delivery systems to determine whether
  any program system denies or limits participation
  by LEP individuals

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How is an assessment done?

• Understanding circumstances in which assistance
  may be needed when interacting with other
  pertinent individuals

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How is an assessment done?

• Assessing the resources to determine there
  location and availability include
• Types of language services available and how
  staff can obtain those services
• How to respond to LEP callers
• How to respond to written communication from LEP
  persons
• How to respond to LEP individuals who have
  in-person contact with recipient staff
• How to ensure competency of translation/interpreta
  tion services.

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How is an assessment done?

• Assessing the resources that will be needed to
  provide effective language assistance and the
  location and availability of these resources

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Step 2 Development and Implementation of a
Written Policy on Language Access

• The recipient may wish to develop and implement
  a comprehensive written policy that will ensure
  meaningful communication.

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Oral Language Interpretation

•  Hiring bilingual staff.
•  Hiring staff interpreters who are trained and
  competent in the skill of interpreting.
• Contracting with an outside interpreter service.
• Arranging formally for the services of volunteers
  who are qualified interpreters.
• Arranging/contracting for the use of a telephone
  language interpreter service.

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Translation of Written Materials

• A recipient may determine that an effective
  language assistance program ensures that written
  materials that are vital or routinely provided
  in English should be available in regularly
  encountered languages other than English.

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Vital Documents Include

• Applications for benefits, services, or
  employment
• Consent forms
• Letters containing important information
  regarding participation in a program or activity
• Notices pertaining to the reduction, denial or
  termination of services or benefits and of the
  right to appeal such actions

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Vital Documents Include

• Notices that require a response from
  beneficiaries
• Information on the right to file complaints of
  discrimination
• Notices advising LEP persons of the availability
  of free language assistance (www.ssa.gov/multilang
  uage/langlist1.htm)
• Outreach materials
• I Speak Cards (www.lep.gov)

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Step 3 Training of Staff

• Staff should understand the policy and be
  capable of carrying it out.

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Step 4 Notice to the Public

• The recipient should notify the public that
  language assistance is available free of charge.

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Step 5 Vigilant Monitoring

• The recipient may wish to conduct regular
  oversight of the language assistance program to
  ensure that LEP persons can meaningfully access
  the program or activity.

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Compliance Assistance

• The Civil Rights Center is available to provide
  guidance to recipients as they seek to establish
  and/or improve, implement or monitor their
  policies, procedures, and systems to provide
  meaningful language assistance pursuant to Title
  VI of the Civil Rights Act and Section 188 of the
  Workforce Investment Act.

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Compliance Assistance

• Naomi Barry-Pérez, Technical Advisor and
  designated DOL LEP Coordinator
• [phone] or barry-pérez_at_dol.gov

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