EEO Advisor Brief August-September 2002
Please share this information at an upcoming faculty/staff meeting in your county.
Please use this Brief as a handout along with the case study provided.
Make sure that you file an AA-AF-15 Training Log in the Central Civil Rights File to document the session.
If you have questions about this information, contact Nancy Corley at (301) 405-1176 or nv15@umail.umd.edu .
Limited English Proficiency: On the Horizon for USDA
On April 12, 2002 the United States Department of Justice sent out guidance about reducing barriers for persons with limited English proficiency. The new LEP guidance clarifies the responsibilities of recipients of Federal financial assistance (grantees and others) to remove language barriers to accessing benefits or services, understanding and exercising rights, or understanding the information provided by grantees and their agencies, with program inclusion a new requirement. USDA's Office of Civil Rights is forming an interagency committee to address the development of LEP plans for federally conducted programs. Meanwhile, agencies and entities should consider the following four factors published by the Department of Justice and adopted by USDA, to determine reasonable goals:
| 1. | Number or proportion of LEP persons served or encountered in the eligible service population | |
| 2. | Frequency of contact with LEP persons | |
| 3. | Nature and importance of the program or activity | |
| 4. | Resources available to implement LEP guidance and costs | |
Consider that 26-29% of Spanish, Chinese, and Vietnamese speakers reported in the last census that they spoke English "not well" or "not at all," and the impact this has on conveying health or safety-related information.
As to the "nature and importance of the program or activity," federal funds recipients who are involved in relating information about health or safety should anticipate the need for translation and interpretation in the near future as USDA formulates its LEP Plan provisions. Also, access-related public notification information, such as event calendars, program announcements, and accommodation statements referring to the availability of translated materials and interpreters for live programs, may be included in the USDA Plan.
While MCE programs are not involved in conveying individual medical information, where health or safety of participants is concerned, we should consider the need for LEP persons to understand our educational material clearly.
MCE recipients of Federal funds will want to ask for additional monies for LEP accommodation from Federal granting agencies. Most of these agencies are already operating under their own LEP plans. (See "Language Resources for MCE: Translation and Interpretation Options and Costs" in the Central Civil Rights File for cost estimation guidance).
The counties where we have a significant "number or proportion" of LEP persons are:
Montgomery 100,604 Hispanic 99,063 Asian
Prince Georges 57,057 31,479
Baltimore County 13,744 24,189
Anne Arundel 12,902 11,535
Baltimore City 11,061 10,207
Howard 7,490 19,124
Frederick 4,664 3,330
Harford 4,169 3,442
Project Civic Access Update
The Department of Justice Civil Rights Division is still implementing Project Civic Access, a program for responding to ADA complaints against municipalities and local governments such as Bowie, Maryland.
Project Civic Access focuses on physical modifications of facilities to improve accessibility and communications accommodation. Summers, West Virginia just took steps to make an inaccessible historic courthouse and other programs and services accessible. Springfield Missouri "reached agreements with the DOJ that apply to virtually everything the city does, including installing Braille and raised letter signage, providing sign language interpreters, and working to increase the accessibility of the city's web page and library." (See attached case summary.)
As you work with local governments on accessibility issues, keep in mind that agencies and disability rights groups have formed partnerships to ensure that the City or County has an ADA Plan and to implement disability awareness programs. Partnering in this way can be an effective strategy to bring your local government into compliance. For an overview of Project Civic Access and a list of municipalities that have completed audits, go to http://www.usdoj.gov/crt/ada/civicfac.htm
Two excellent resources available off this site include The ADA Guide for Small Towns and The ADA and City Governments: Common Problems (excerpts are in the 'Making Programs Accessible" Guide in the Central Civil Rights file).