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LIMITED ENGLISH PROFICIENCY: Making people welcome in any language

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LIMITED ENGLISH PROFICIENCY: Making people welcome in any language Gary Hanes 2014 Fair Month Housing Training * * CRA 50 yrs. Lau v. Nichols 40 yrs. * Gary ... – PowerPoint PPT presentation

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Title: LIMITED ENGLISH PROFICIENCY: Making people welcome in any language


1
LIMITED ENGLISH PROFICIENCYMaking 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

Idaho HH 10.2
25.2 million or about 9 LEP population2010
Census
3
LINGUISTICALLY ISOLATED HOUSEHOLDS
  • These are households where no one over age 14
    speaks English very well

All HH Spanish HH
Idaho 2.2 21.3
4
Languages in our school districts
  • Boise 80-100
  • Meridian 58
  • Canyon County 12
  • Twin Falls 21
  • Why is this important?

5
LANGUAGE ASSISTANCENEEDS IMPROVEMENT
  • The City of Boises Analysis of Impediments to
    Fair Housing and its 2011-2015 Fair Housing Plan
    reported

72 of refugeessaid they received verbal interpretation of their apartment lease 14 reported no form of translation or having to obtain translation services themselves.
6
LEGALUNDERPINNINGS
  • Title VI of the 1964 Civil Rights Act
  • U.S. Supreme CourtLau v. Nichols (1974)
  • E.O. 13166 (2000)
  • Federal Agency Guidelines
  • HUD 2007 USDA - ?

7
WHO MUST COMPLY?
  • All agencies of the federal government
  • All programs that receive federal assistance
  • State and local agencies
  • Subrecipients
  • Private and nonprofit entities

8
COVERAGE
  • Coverage extends to a recipients entire program
    or activity, i.e., to all parts of a recipients
    operations. This is true even if only one part of
    the recipient receives the federal assistance.
  • What are the implications of this?

9
(No Transcript)
10
WHAT IS LIMITED ENGLISH PROFICIENCY?
  • 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, and may
    be entitled to no-cost, timely and competent
    language assistance.

11
INTERPRETATION -- TRANSLATION
  • Interpretation listening to something in one
    languageand orally converting it into
    another....
  • Translationreplacement 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.

12
LANGUAGE ASSISTANCE PROGRAM
13
LANGUAGE ASSISTANCE PROGRAM
LANGUAGE NEEDS ASSESSMENT
LANGUAGE ACCESS PLAN
14
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

15
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.

16
YOU MUST PROVIDE INTERPRETATION
  • When the client is
  • Assessed as being LEP and,
  • The communication involves the meaningful access
    by a person to information or services

17
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, timely and free
  • Remember the recorded phone greeting

18
INTERPRETING CAUTIONS
  • Using friends and familyespecially children to
    interpret
  • Different dialects/cultural competency
  • There is no safe harbor for interpretation!

19
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
20
THERE IS SAFE HARBOR FOR TRANSLATION
  • Are there other reasons to translate docs?

21
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

22
ButEnglish 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.

23
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

24
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.

25
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

26
RULES
  • Put a Language Assistance Program in place,
    follow it, and
  • Document!
  • Document!
  • Document!

27
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

28
  • 208-515-2185
  • gary_at_gehanes.com
  • www.gehanes.com

GOOD CUSTOMER SERVICE IS WELCOME IN ANY LANGUAGE
Erik Kingston
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