ADD-IM-01-1
Issued 3/29/01
Policy Guidance on the Title VI Prohibition Against National Origin Discrimination as It Affects Persons with
Limited English Proficiency (LEP)
TO:
Chairpersons, State Developmental Disabilities Councils
Executive Directors, State Developmental Disabilities Councils
Executive Directors, State Protection and Advocacy Systems
Executive Directors, University Centers for Excellence
Executive Directors, Projects of National Significance
SUBJECT:
Policy Guidance on the Title VI Prohibition Against National Origin Discrimination
as It Affects Persons with Limited English Proficiency (LEP)
REFERENCES:
Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000 et. Seq. And its implementing
regulation at 45 C.F.R. Part 80 which provide that no person shall be subjected
to discrimination on the basis of race, color, or national origin under any program
or activity that received Federal financial assistance. In Lau v. Nichols, 414
U.S. 563 (1974), the Supreme Court recognized that recipients of Federal financial
assistance have an affirmative responsibility, pursuant to Title VI, to provide
persons with LEP meaningful opportunity to participate in public programs.
PURPOSE:
The purpose of this policy guidance is to clarify the responsibilities of providers
of health and social services who receive Federal Financial assistance from the
U.S. Department of Health and Human Services (DHHS), and to assist them in fulfilling
their responsibilities to persons with LEP. All entities that receive Federal
financial assistance from HHS, either directly or indirectly, through a grant
contract or subcontract, are covered by the policy guidance.
BACKGROUND:
States and other providers funded by the Administration on Developmental Disabilities
have legal obligations to comply with Title VI of the Civil Rights Act of 1964
and its implementing regulation.
CONTENT:
The policy guidance reiterates HHS' longstanding position that, in order to avoid
discrimination against persons with LEP on grounds of national origin, health
and social service providers must take adequate steps to ensure that such persons
receive the language assistance necessary to afford them meaningful access to
their services, free of charge. The guidance also clarifies for health and social
service providers, and members of the public, that a recipient or covered entity
must assess what steps it can take to ensure that eligible persons with LEP have
a meaningful access to programs and services. This guidance also provides examples
of policies and practices that the Office for Civil Rights, HHS, would find in
violation of Title VI, and sets out the policies, procedures and other steps that
recipients can take to ensure meaningful access to their programs by persons with
LEP. Appendix A to the guidance is a series of questions and answers that provide
a useful summary of a number of the major aspects of the guidance.
The information was developed by the Office for Civil Rights, HHS, and is consistent with a Department of Justice (DOJ) directive noting that recipient/covered entities have an obligation pursuant to Title VI's prohibition against national origin discrimination to provide oral and written language assistance to persons with LEP.
INQUIRIES TO:
You may access the Office for Civil Rights Policy Guidance and
Appendix A at the following web site: http://www.hhs.gov/ocr/lep
For additional information please contact: Isadora Wills, ADD at: (202) 690-5791
or on the internet: iwills@acf.hhs.gov
/signature/
Sue Swenson
Commissioner
Administration on Developmental Disabilities