DRAFT
NCUA PLAN TO ASSIST PERSONS
WITH
LIMITED ENGLISH PROFICIENCY
Purpose:
The purpose of this guidance is to clarify the responsibilities
of the National Credit Union Administration (NCUA) for providing persons
with limited English proficiency meaningful access to NCUA programs and
services as required under Executive Order 13166 (August 11, 2000) and
Title VI of the Civil Rights Act of 1964. (42 U.S.C. Section 2000d)
Background:
Executive Order (E.O.) 13166 requires federal agencies to develop
guidance to ensure that the agency and the organizations receiving federal
funds from NCUA take reasonable steps to comply with Title VI requirements
to provide meaningful access to individuals with limited English proficiency
(LEP). Clarifying information provided in the Department of Justice policy
guidance entitled “ Enforcement of Title VI of the Civil Rights Act of
1964—National Origin Discrimination Against Persons with Limited English
Proficiency” (Federal Register, August 16, 2000, Vol. 65, No. 159) has
assisted NCUA in the development of an agency plan and guidance for credit
unions.
Discriminatory
Practices Covered: Based on decisions by the courts, Title VI prohibits organizations
receiving federal funds from discriminating against clients/members they
serve by failing to provide meaningful access to LEP persons.
Because the federal government adheres to the principles of non-discrimination
and inclusion embodied in Title VI, E.O. 13166 extends these compliance
requirements to NCUA and other federal agencies in their dealings with
LEP persons.
Discrimination covered by Title
VI, E.O. 13166, and this policy includes both intentional discriminatory
practices and practices that appear neutral but have a discriminatory
effect. Thus, NCUA practices may be considered discriminatory if they
have an adverse effect on the ability of national origin minorities to
meaningfully access agency services whether or not this is a result of
intentional actions by the agency. To assure that there are no discriminatory
effects, NCUA will review its policies and practices and take reasonable
steps to provide meaningful access to LEP persons.
Examples of practices which may violate the intent of
Title VI are:
- Providing
services to LEP persons that are more limited in scope or are lower
in quality than those provided to other persons;
- Subjecting
LEP persons to unreasonable delays in the delivery of services;
- Limiting
participation in a program or activity on the basis of English proficiency;
- Providing
services to LEP persons that are not as effective as those provided
to those who are proficient in English; or
- Failing
to inform LEP persons of their access to interpreter services and/or
requiring LEP persons to provide their own interpreter.
Reasonable
Steps in Providing Meaningful Access: NCUA interacts
with credit union volunteers, staff, and members; potential members of
credit unions; organizations interested in chartering credit unions; as
well as members of the general public. Some of these individuals may
have limited English proficiency and may not be able to communicate or
understand NCUA’s programs or services. In these situations, NCUA must
take reasonable steps to ensure that limited English proficiency (LEP)
persons receive the language assistance necessary to afford them meaningful
access to NCUA’s programs and services where appropriate. The following
four factors assist in identifying what constitutes reasonable steps to
ensure meaningful access:
- Number or
proportion of LEP persons in the eligible service population;
- Frequency
with which LEP persons come into contact with the program;
- Importance
of the service provided by the program; and
- Resources
available to the agency to provide access.
These four factors are useful in conducting a balanced analysis to determine
whether reasonable steps are possible when contacts with persons speaking
a particular language occur on an infrequent basis. Justice Department
guidance clarifying LEP responsibilities under Title VI indicates that
if reasonable steps are possible, the agency should have a plan for what
to do if an LEP individual seeks services. This guidance states further
that, “Claims of limited resources from large entities will need to be
well substantiated.” (Federal Register, August 16, 2000, Vol. 65, No.
159)
There is no universal solution
for Title VI compliance with respect to LEP persons. The determination
of compliance will be based on the end result - whether NCUA has taken
the necessary steps to ensure that LEP persons have meaningful access
to its programs and services. However, in developing a language assistance
program, the following elements should be considered:
- Assessment
– Conduct a thorough assessment of the language needs of the LEP persons
to be served by NCUA.
- Development
of Written Policy on Language Access – Develop and implement a written
policy that will ensure meaningful communication with LEP persons.
- Training
of Staff – Take steps to ensure that NCUA staff likely to have contact
with LEP persons understand the policy and are capable of carrying it
out.
- Vigilant
Monitoring – Conduct regular monitoring of the language assistance program
to ensure that LEP persons can meaningfully access NCUA programs and
services.
Failure to incorporate or implement
one or more of the above elements does not necessarily mean NCUA is not
in compliance with E.O. 13166 or the intent of Title VI. All of the circumstances
affecting NCUA’s ability to deliver the language assistance program as
a whole will be evaluated to determine whether the agency is meaningfully
assisting LEP persons in accessing its programs and services. If implementation
of one or more of these options will be too financially burdensome or
equally effective alternatives ensure meaningful access to NCUA programs
and services, NCUA will still be considered in compliance.
Assessment
of Language Needs: The following steps should
be taken to assess language needs of persons likely to be served by NCUA:
- Identify the number,
purpose, and the non-English languages spoken in contacts encountered
by the Central and Regional Offices and the proportion of contacts each
language represents. This may be done by keeping a log of phone calls
and other correspondence received where a language barrier occurs or
by surveying staff with public contact responsibilities.
- Identify
areas of the United States where census, workforce, NCUA field staff
experience, or other population data show high percentages of particular
non-English language groups.
- Identify
the points of contact where language assistance is likely to be needed
in the Central Office, Regional Offices, and other field locations.
- Identify
the resources that will be needed to provide the effective language
assistance for frequently occurring and infrequently occurring languages.
This may include bilingual employees and/or the use of interpreters
depending on the nature and frequency of contacts.
- Identify the location
and availability of existing language assistance resources and additional
resources that may be needed. This will vary depending on the part
of the country and the languages encountered.
- Identify
the arrangements that must be made to access these language assistance
resources in a timely fashion.
Development
of a Written Policy on Language Access: In compliance
with E.O. 13166, NCUA is developing and implementing a written policy
on language assistance program for LEP persons. This may include these
and other language access policy areas:
- Identification and assessment of
the language needs of LEP contacts,
- Provision for a range of oral language
assistance options for in person and telephone contacts,
- Notices to LEP persons in a language
they can understand of their access to language assistance,
- Periodic
training of staff,
- Monitoring
of the program, and
- Translation
of vital written materials provided to LEP contacts in person, by mail,
or on websites, in certain circumstances.
Written materials are considered
vital if they contain information that is critical for obtaining the services
and/or benefits, or are required by law. These written materials
could include but are not limited to notices of rights, complaint forms
and procedures, and explanations of critical benefits. Vital written
materials should be translated when a significant number, or percentage
of those eligible to be served, need information in a language other than
English to communicate effectively. For many larger documents, translations
of vital information contained within the document will suffice. The documents
need not be translated in their entirety.
Training
of Staff
To ensure that the LEP policies
are followed, NCUA should provide a copy of the policies to employees
likely to have contact with LEP persons and provide periodic training
of these employees. Effective training ensures that employees are knowledgeable
and aware of LEP policies and procedures, are trained to work effectively
with in-person and telephone interpreters, and understand the dynamics
of interpretation. This training should be part of the orientation for
new employees in these positions. A training register may be used to
record the names and dates of employees trained.
Monitoring
To assure that the LEP program
continues to provide meaningful access to LEP persons, NCUA should monitor
the program at least annually. The monitoring process should incorporate
feedback from LEP persons when feasible and a formal LEP complaint process.
It should assess:
- Current
languages encountered,
- Current
communication needs of LEP persons,
- Whether
existing assistance is meeting the needs of the LEP persons,
- Whether
staff likely to have contacts with LEP persons are knowledgeable about
policies and procedures and how to implement them, and
- Whether
sources of and arrangements for assistance are still current and viable.
- Whether
staff know how to handle complaints from LEP persons about their access
to NCUA or credit union programs and activities
Language
Assistance Strategies for NCUA
The following are examples
of language assistance strategies that may assist NCUA in complying with
E.O. 13166 and the intent of Title VI.
v Identify
and assess the languages that are likely to be encountered and estimate
the most common languages encountered. This can be done by keeping a
log at the Central and Regional Offices recording the languages encountered
and how often they are encountered. Field staff experience with credit
unions also may help to identify language needs.
v Provide
signs to credit unions in appropriate languages informing LEP persons
of their right to contact NCUA to file consumer complaints, to obtain
information about deposit insurance or other specific concerns or needs,
and to access available interpreter services if they identify themselves
as persons needing language assistance.
v Provide
a link on NCUA’s web site that includes one or more non-English language
options, as appropriate.
v Provide
initial call in language options for telephone calls to the Central
and Regional Offices using an automated telephone system that will route
the call to a speaker of the required language.
v Develop
directories by language of bilingual NCUA employees, credit unions,
and language or national origin based associations for use in responding
to telephone calls, correspondence, and other needs. Currently NCUA
staff obtain assistance from these individuals and organizations on
an ad hoc basis as it is needed.
v Contract
with interpreting services that can provide competent interpreters in
a wide variety of languages, in a timely manner.
v Make
arrangements with community groups for competent and timely interpreter
services by community volunteers.
v Arrange
for language interpreter service provided by telephone.
v Translate
instructional, informational, and other key NCUA documents into appropriate
non-English languages, such as “Your Insured Funds,” now available in
paper format in English and Spanish.
v Attempt
to provide oral interpreter assistance with documents for those persons
whose language does not exist in written form.
v Establish
procedures for effective telephone communication between staff and LEP
persons, including instructions for English-speaking employees to obtain
assistance from bilingual staff or interpreters when initiating or receiving
calls from LEP persons.
v Provide
training of staff, particularly staff likely to contact LEP persons,
with respect to NCUA’s obligation to provide language assistance to
LEP persons, and on language assistance policies and procedures to be
followed in securing such assistance in a timely manner.
v Post
notices on the web, in appropriate languages, about the access of LEP
persons to interpreters and other language assistance.
v Provide
notice to the credit unions regarding the language assistance policies
and procedures, and notice to and consultation with community organizations
and sponsors that represent LEP language groups, regarding problems
and solutions, including standards and procedures for using their members
as interpreters.
v Adopt
a procedure for the resolution of complaints regarding the provision
of language assistance, and for notifying eligible LEP persons of their
right to file a complaint under Title VI and the procedures for doing
so.
Implementation
of NCUA Plan: Following Justice Department review
of the NCUA Plan, the agency’s LEP Committee will work with NCUA management
to develop a more detailed implementation plan for LEP programs and activities,
including assignments of responsibility for implementing the plan.
Attachment:
Executive
Order 13166, Improving Access to Service for Persons with Limited English
Proficiency (August 11, 2000)
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