A Discussion on Title VI and Related Authorities · Overview of the Title VI Legal Manual 15 Tips for Working with Interpreters • Introduce yourself & the interpreter; explain roles

A Discussion on Title VI and Related Authorities

Federal Coordination and Compliance Section

Department of Justice Civil Rights Division

• Foundational Concepts of Title VI

• Identifying Title VI/Language Access Issues

• Forms of Prohibited Discrimination and

Ensuring Compliance

1

Overview of the Title VI Legal Manual

2

Why Title VI?


“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

Title VI of the Civil Rights Act of 1964


4

“No Person in the United States…”

Understanding the Concepts:

“Person” – Person carries broad meaning

in Title VI. The statute protects residents,

travelers, and citizens alike. Non-citizens

and undocumented individuals, are

“persons” for Title VI purposes.

“in the United States” – anywhere in the

country, all states, territories, and areas.

An entity that receives, directly or

indirectly, financial assistance from

a federal agency.

Recipient

5


Federal financial assistance (FFA) does not have to be

monetary:

1. Grants and loans,

2. Grants or donation of Federal property,

3. Detail of Federal personnel,

4. The sale, lease, or permission to use Federal property, and

5. Any Federal contract for the “provision of assistance.”

6

…Receiving Federal Financial Assistance.”


7

Tracking Federal Financial Assistance

1. Check fund-tracking websites*

2. Research your recipient or sub-recipient

3. Check the Census single audit site:

https://harvester.census.gov

“No person in the United States shall,

on the ground of race, color, or

national origin, be…subjected to

discrimination under any program or

activity receiving Federal financial

assistance.”

42 U.S.C § 2000d

8

Practice Tip:

Always return to this

definition when trying

to determine:

Does this agency have

jurisdiction to

investigate this

complaint?

9


10

National Origin

Understanding the Concepts:

“National Origin” – National Origin discrimination may include

the failure to provide “meaningful access”* to individuals with a

limited ability to read, write, speak, or understand English.

*Lau v. Nichols directs recipients of federal financial

assistance to provide “meaningful access” to limited English

proficient (LEP) individuals or risk a finding of national origin

discrimination.

11

Executive Order 13166

• Executive Order 13166

• Agency LEP Guidance

• Agency LEP Plans


12

Limited English Proficiency (LEP)

Individuals who do

not speak English

as their primary

language and who

have a limited

ability to read,

write, speak, or

understand English.

• Self-identification

• Prior encounter or

record

• Multilingual staff or

qualified interpreters

• “I Speak” cards

• You suspect that they

do not understand


13

How do you Identify an LEP Individual?

Self-identification

“I Speak”

Open-ended questions


14

Limited English Proficiency (LEP)

Translation Interpretation


15

Tips for Working with Interpreters

• Introduce yourself & the interpreter; explain roles.

• Provide interpreter background on the matter (the interpreter should

interpret what you say).

• If using telephonic interpretation, know your phone.

• Write down the interpreter’s ID number/name. Provide your call-back

number if over phone.

• Ascertain how much English the LEP person speaks. Confirm the

language.

• Maintain eye contact with LEP person, not interpreter

• Use first person, and short, clear sentences.

• {{Keep record of need for language services.}}


16

Red Flags

• Too long/too short

• Interpreter &/or LEP person

needs a lot of clarification

• Side conversations

• Looks of confusion/lack of

understanding

• LEP person disagrees

w/corrects interpreter

• Impatient interpreter

• Interpreter uses too many

English terms

• Interpreter and LEP person

seem to know each other

• Cultural relationship impacting

impartiality

• If red flag, EXPRESS CONCERN!

• Ask LEP person

• Rephrase question


17

Translation

Vital documents: Contain information that is critical for accessing an

agency’s program or services, or is required by law:

• Complaint, consent, release or waiver forms;

• Claim or application forms;

• Conditions of settlement or resolution agreements;

• Letters/notices pertaining to the reduction, denial, or termination of

services that require a response from the LEP person;

• Time-sensitive notice, including notice of hearing, upcoming grand

jury or deposition appearance, or other legal deadlines;

• Form or written material related to individual rights;

• Notice of rights, requirements, or responsibilities; and,

• Notices regarding the availability of free language assistance.


18

Forms of Prohibited Discrimination

Intentional Discrimination

Disparate Treatment

Retaliation

Disparate Impact


19

Intentional Discrimination

Treat people differently or knowingly cause them harm

At least in part because of a protected class

Malice and bad faith not required

Express Classifications

Arlington Heights

mosaic of factors

McDonnell-Douglas

similarly situated comparators

Decision-maker

statements & conduct

Totality of the

relevant facts

Indirect Evidence

Direct Evidence

39

Intentional

Discrimination: Title VI

20

Intentional Discrimination: Retaliation

Each of the civil rights laws discussed today prohibits intimidation and retaliation

against any individual or group

for purpose of interfering with a right protected by the law or

because person filed complaint, testified, assisted or participated in any way in an investigation, proceeding, or hearing

21


22

Disparate Impact

• Neutral Policy or Absence of Policy

Disparately

excludes

protected class

from benefits or

services

Inflicts

disproportionate

share of harm

on protected

class


23

Title VI Defenses

Intentional Discrimination - Legitimate nondiscriminatory reason

Disparate Impact Discrimination - Substantial legitimate justification


24

Title VI Enforcement Mechanisms

1. Remember, it’s a voluntary compliance

statute.

2. Administrative complaint with the federal

agency.

3. Litigation.

4. Remedies: Injunctive relief (policy

change), monitoring, withdrawal of FFA

(rare).


25

So What Are Your Responsibilities?

Agencies – compliance reviews and investigations

Recipients – ensure their programs do not discriminate


26

Resources

•Title VI of The Civil Rights Act of 1964, http://www.justice.gov/crt/about/cor/coord/titlevi.php

•Title VI Legal Manual, http://www.justice.gov/crt/about/cor/coord/vimanual.pdf

•Commonly Asked Questions and Answers Regarding the Protection of 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

•Federal Interagency Working Group on Limited English Proficiency, www.lep.gov

http://www.justice.gov/crt/about/cor/coord/titlevi.php

http://www.justice.gov/crt/about/cor/coord/vimanual.pdf

http://www.lep.gov/faqs/042511_Q&A_TitleVI_and_Regulations.pdf

http://www.lep.gov/

Documents

A Discussion on Title VI and Related Authorities · Overview of the Title VI Legal Manual 15 Tips for Working with Interpreters • Introduce yourself & the interpreter; explain roles