United States
Department of Labor
Plan for Improving
Access to Services for Persons with Limited English Proficiency
As Prepared by the
Civil
Rights
Center
Office of the
Assistant Secretary for Administration and Management
Annabelle T.
Lockhart
Director
January 10, 2001
Background. On August 11, 2000, President Clinton signed Executive Order 13166
entitled “Improving
Access to Services for Persons with Limited English Proficiency.” The purpose of Executive Order 13166 is
to eliminate, to the maximum extent possible, limited English proficiency (LEP)
as an artificial barrier to full and meaningful participation by beneficiaries
and participants in both federally assisted and federally conducted programs and
activities. Since 1964, programs
and activities that receive federal financial assistance have been required to
abide by Title VI of the Civil Rights Act, which prohibits recipients from
discriminating against or otherwise excluding individuals on the basis of race,
color or national origin in any of their programs or activities. In Lau v. Nichols, 414 U.S. 563
(1974), the Supreme Court interpreted these provisions as requiring that
recipients of federal financial assistance take steps to ensure that language
barriers do not exclude LEP persons from effective participation in programs and
activities.
Until Executive Order 13166, federally conducted programs and
activities have not been required by law to ensure the same access. Now, federal agencies and departments,
in essence, must “practice what they
preach.” As a first
step, Executive Order 13166 requires that each federal agency or department
develop an implementation plan for its federally conducted programs to improve
services for persons with limited English proficiency. The definition of a federally conducted
program is, simply, anything a federal agency does, including all contact with
the public. This definition is
consistent with the definition used under the regulations for application of
Section 504 of the Rehabilitation Act of 1973. Implementation plans must follow the
Department of Justice’s guidance entitled “Enforcement of Title VI of
the Civil Rights Act of 1964 - National Origin Discrimination Against Persons
With Limited English Proficiency.” Pursuant to the Executive Order, this
“Plan” went into effect on December 11, 2000. However, as DOL components continue to
assess their programs and activities, the population of persons eligible to be
served or likely to be directly or significantly affected by their programs or
activities, and the action items developed in this Plan, it is expected that
this document will be appropriately updated.
Plan. To
promote the economic well-being of workers and their families, help them share
in the American dream through rising wages, pensions, health benefits and
expanded economic opportunities, and foster safe and healthful workplaces that
are free from discrimination, the United States Department of Labor (DOL) is
committed to advancing the goals set forth in Executive Order 13166. To improve access to DOL conducted
programs and activities by LEP individuals, who are often among the most
disenfranchised workers in the
United States
, we aim to implement a
comprehensive, effective and meaningful plan.
Generally, DOL will be guided by four elements of effective
language assistance: Assessment; Development and Implementation of a Written
Policy on Language Access; Training of Staff; and Vigilant Monitoring.
I.
Assessment - The type of language assistance an agency provides to ensure meaningful access
will depend on a variety of factors. The following four factors should be assessed to determine the nature of
the language assistance provided: (1) the number or proportion of LEP
individuals eligible to be served or likely to be directly or significantly
affected by the program or activity; (2) the frequency of contact a participant
or beneficiary is required to have with the program or activity; (3) the nature
and importance of the program or activity to the participant or beneficiary;
and, (4) the resources available to the recipient in carrying out the program or
activity.
Although
some DOL programs and activities serve specific populations that may or may not
reflect national LEP statistics (veterans, miners, agricultural workers, etc.),
many serve a largely national population. As a result, national statistics on the LEP population demonstrate that
Spanish is the primary language for which assistance may be needed. We are aware of the potential necessity
to serve other nationally “significant” language groups, including
those that speak Chinese, French, Italian, German, Vietnamese, Laotian, and
Khmer (Cambodian). Moreover, as
many DOL programs and activities operate out of regional centers, we recognize
the necessity for each regional office to assess its regional service population
in order to determine the predominant language groups eligible to be served or
likely to be directly or significantly affected by DOL programs and
activities. This should be done by
reviewing data from a combination of sources, including the census and state
labor market information systems, client utilization data from client files, and
statistics from school systems and community agencies and organizations.
Thereafter, DOL components will reassess statistics on
LEP populations eligible to be served or likely to be directly affected by their
programs and activities. In
preparation for this plan, the Civil Rights Center asked DOL components to
perform a basic evaluation of their service populations. It was noted that a number of agencies
utilized program participation history to determine the extent and nature of
language assistance needed. This
analysis may not produce accurate figures. In cases where language barriers may have impeded access, i.e., LEP
individuals did not know of their rights and/or the availability of free
language assistance, statistics on past participation may not capture the true
need. While programs and activities
that serve a few or even one LEP person are still subject to obligation to take
reasonable steps to provide meaningful opportunities for access and
participation, generally the proportion of LEP individuals in the overall,
relevant program service population (e.g., unemployed individuals, miners,
garment workers, etc.) should correlate roughly with the proportion of LEP
individuals participating in or seeking benefits from the program or
activity.
In those cases where language barriers may have impeded
access, DOL components will communicate the rights of LEP individuals to
employment benefits, services and job training programs to which they may be
eligible in appropriate languages. Brochures, booklets, posters, outreach and recruitment information, and
other materials that are routinely disseminated to the public should be
disseminated. Outreach may also
include public service announcements on television or radio, newspaper
advertisements, and/or by distributing materials to organizations that serve LEP
persons. Outreach materials, etc.
should inform the public about the services available and the right to free
language assistance services, in appropriate non-English languages.
II. Comprehensive Written Policy on Language Access –
Overall, DOL can ensure effective communication by developing and implementing a
comprehensive written language assistance program that includes policies and
procedures for identifying and assessing the language needs of its LEP
applicants/clients and that provides for a range of interpreter assistance,
notification to LEP persons in appropriate languages of the right to free
language assistance, and translation of written materials in certain
circumstances. Additionally,
regulations that mandate applications to be submitted in English should be
amended so that language assistance be provided, free-of-cost to ensure
meaningful access and opportunity.
In
designing an effective language assistance program, DOL components will develop
procedures for obtaining and providing trained and competent interpreters and
other interpretation services, in a timely manner, which may include all or some
of the following: hiring bilingual staff or staff interpreters who are trained
and competent in the skill of interpreting; contracting with an outside
interpreter service; arranging formally for the services of volunteers who are
qualified to interpret; and, arranging/contracting for the use of a telephone
language interpreter service. DOL
components will not suggest that participants or beneficiaries use friends,
family members, or minors as interpreters, as this could compromise the
effectiveness of the service. Further, DOL will ensure that all persons providing interpretation
services are qualified. Being
qualified generally requires demonstrated proficiency in both English and the
second language; orientation and training that includes the skills and ethics of
interpreting (e.g., issues of confidentiality); and, fundamental knowledge in
both languages of any specialized terms or concepts peculiar to the DOL program
or activity.
Additionally,
an effective language assistance program ensures that written materials that are
routinely provided in English to applicants, clients and the public are
available in regularly encountered languages other than English. It is particularly important to ensure
that vital documents, such as applications; consent forms; letters containing
important information regarding participation in a program or activity; notices
pertaining to the reduction, denial or termination of services or benefits and
of the right to appeal such actions; notices that require a response from
beneficiaries; information on the right to file complaints of discrimination;
notices advising LEP persons of the availability of free language assistance;
and, other outreach materials be translated into the languages other than
English of each regularly encountered LEP group eligible to be served or likely
to be directly or significantly affected by the DOL program or activity. Further, in some instances, translation
of written materials is required as a reasonable step to ensure that LEP persons
are effectively informed about, or able to participate in, a DOL program or
activity.
For
the Department as a whole, the Information and Technology Center (ITC) is
currently analyzing the quality of computer-based technology tools to aid
translation. The ITC will test and
certify the most frequently used language translator software programs for use
on the Department of Labor computer system. As part of
America
’s Jobs
Network, the Department is in the process of implementing a toll-free help line,
which will have the capability of providing information and assistance in over
146 languages. Lastly, the DOL is
considering whether to create an office of Language Assistance Services. Similar to that already available to
assist DOL in serving persons with physical disabilities, the office would house
minimally a certified language interpreter to facilitate communication with the
nation’s largest LEP group, Spanish speakers. Additionally, this office would guide
DOL components in activities such as locating and utilizing interpretation and
translation resources for other language groups, coordinating regional and
national population assessments and the necessary resources to serve those
populations, and by assisting in the annual review of DOL’s effectiveness in
serving LEP persons. The CRC
recommends that the associated costs would be funded through the working capital
fund.
Considering the factors to evaluate in developing an
effective language assistance program, it is necessary to review DOL components
on a case-by-case basis. The
following DOL components administer programs or activities that rarely, if ever,
serve LEP individuals or do not provide vital services that cannot be obtained
from other sources. As a result,
only the assessment and outreach inquiries are required of these components at
this time. However, these entities
should be prepared to provide meaningful opportunities for access and
participation of LEP persons should such service become necessary.
The
Administrative Review Board (ARB) issues final agency decisions under a
broad range of Federal labor laws, including the Davis-Bacon Act and the Service
Contract Act.
The Benefits Review Board
(BRB) reviews appeals of two types of benefits claims: appeals of miners and
other coal workers under the Black Lung Benefits Act and the Coal Mine Health
and Safety Act and appeals under the provisions and extensions of the Longshore
Harbor Workers Compensation Act. These appeals are considered by DOL’s Office of Administrative
Law Judges prior to being eligible for appeal to the BRB.
The Employees’ Compensation Appeals Board
(ECAB) reviews appeals of benefit claims under the Federal Employees’ Compensation Act
(FECA). Since, for the most part,
FECA benefits are only available to federal employees injured in the performance
of their duties, nearly all persons covered by FECA are proficient in
English.
The Employment Standards
Administration (ESA)
The Office of Labor-Management
Standards provides the following services: (1) conducts
investigations/audits of labor organizations; (2) certifies employee protections
in the transit industry; (3) provides public disclosure access to the reports
filed by labor organizations, their officers and employees, employers, labor
relations consultants, and surety companies; (4) provides compliance assistance
and technical training to union officers, union members, employers, consultants,
and the general public. In many
cases, the OLMS customer is an organizational representative, not an individual
claimant.
The Office of the Inspector
General (OIG) conducts audits, investigations, and evaluations to improve
the effectiveness, efficiency, and economy of DOL programs and operations. In this work, OIG strives to detect
fraud and abuse in DOL programs and labor racketeering in the American
workplace. In the course of
investigations and/or when interviewing participants in DOL funded programs or
activities, limited and infrequent contact with LEP individuals may occur. On these occasions, OIG full-time
employees provide assistance with interpretation.
The Office of the Solicitor
(SOL) provides legal services for the Secretary of Labor and the program
agencies of DOL. These services
include litigation, hearings, legal advice and legal opinions. SOL does not provide legal services
directly to the public. However, in
a few instances (for example, when litigating cases referred by DOL client
agencies), limited and infrequent contact with LEP individuals may occur. In the instances where contact with LEP
persons is necessary, language services are primarily provided at no cost by the
client agency.
The Office of Small Business
Programs (OSBP) administers the Department of Labor's responsibilities to
ensure procurement opportunities for small businesses, including those that are
disadvantaged, women-owned, HUBZone, and owned by service disabled
veterans. Moreover, OSBP serves as
DOL’s central referral
point for small business regulatory compliance assistance information; manages
DOL’s minority
colleges and universities and other special programs; and, provides management
oversight and guidance to ensure compliance with applicable statutes and related
requirements.
The Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA) requires Federal agencies to make
their pamphlets, handbooks, and other compliance materials available to small
businesses through a central source. To help simplify the task of complying with the Department of Labor's
workplace poster requirements, OSBP created a poster matrix, which lists the DOL
required posters. Poster
requirements are stated so they are easily understandable to the intended
audience. OSBP has prepared the
poster matrix in Spanish to be responsive to the needs of LEP persons; the
Spanish version is pending approval in the Office of the Solicitor. Furthermore, in order to be responsive
to the increasing number of small businesses owned by Spanish-speaking
individuals, OSBP has a Spanish-speaking requirement for one full-time employee
to provide business counseling in Spanish. OSBP will continue to be responsive to the needs of LEP persons.
The Women’s Bureau (WB) acts as
an advocate for women’s issues and disseminates
information on the status, rights, and opportunities of women in the
workforce. All services and
information provided to women help them make more informed decisions, but are
not used for obtaining direct assistance from governmental agencies. Nevertheless, the WB translates into
Spanish most publications dealing with women’s rights in situations
where discrimination may occur. The
WB has conducted seminars in Spanish, and is responsive to the needs of LEP
persons.
The following DOL components administer programs or
activities that significantly impact or have the potential to significantly
impact LEP individuals and/or provide vital services. As a result, these components will develop and implement targeted plans to improve programs and activities
for LEP individuals.:
The Employment Standards
Administration (ESA)
The Office of Federal Contract
Compliance Programs (OFCCP) investigates whether or not Federal contractors,
subcontractors, and construction companies working on federally assisted
construction projects discriminate on the bases of race, color, gender,
religion, national origin, disability or protected veteran status; and,
evaluates whether these same employers make good faith affirmative action
efforts on behalf of minorities, women, individuals with disabilities and
protected veterans. Based on 2000
Census data, OFCCP estimates that 16 percent of its service population is LEP
(11.8 percent are Hispanic and 4.1 percent are Asian/Pacific Islander). On average, OFCCP compliance officers
are in contact with LEP individuals approximately four percent of enforcement
time during complaint investigations and compliance reviews.
OFCCP employs bilingual
(Spanish-English, Korean-English, Chinese-English, Japanese-English, etc.)
compliance officers or equal opportunity specialists in field offices where
contact with the public takes place during compliance evaluations or complaint
investigations. As a proactive
method in FY 2000, OFCCP canvassed its regions concerning LEP requirements. Based on the findings of this review,
OFCCP has already contracted to have its brochures, pamphlets and EEO poster
translated from English to the following languages: Spanish, Portuguese, Korean, Japanese,
Chinese, Vietnamese, and, Arabic. OFCCP will also take the following steps to improve access: (1) recruit
bilingual staff, as appropriate, in areas where a significant number or
proportion of the population may need services in a language other than English;
(2) ensure program directives and training address the LEP initiative; (3)
translate brochures, pamphlets and EEO poster into high-demand LEP languages;
and, (4) translate complaint form into high-demand LEP languages.
While it is noted that OFCCP is
proactively addressing the provision of services to LEP individuals, OFCCP will
document for the CRC that it has systematically reviewed the points of contact
in its program where language assistance is likely to be needed. Based on this assessment, OFCCP will
document that it has considered whether or not the resources required for
meaningful access, including bilingual staff and vital documents, are
sufficiently available at all offices.
The Wage and Hour Division
(WHD) administers the wage, hour and child labor provisions of the Fair
Labor Standards Act, as well as several other programs covering prevailing wages
for government contracts and farm labor, family and medical leave, immigration
and polygraph testing. Public
outreach activities are conducted to educate employees and employers of their
rights and responsibilities. Enforcement activities are conducted to bring employers into compliance
and obtain payment of any wages due employees. WHD estimates that approximately 25
percent of its service population are LEP; approximately 15 percent of its
service population speak Spanish. WHD targets low-wage industries in which LEP persons frequently are
employed. Approximately 50 percent
of investigations conducted involve LEP individuals.
In recent years, WHD has focused on
hiring a multilingual staff in order to serve non-English speaking
customers. Investigators that have
been hired speak Spanish, French, Italian, German, Polish, Lithuanian,
Portuguese, Haitian, Thai, Creole, Yiddish, Swedish, Norwegian, Japanese,
Ukranian, Romanian, Arabic, Korean, Tagalog, Vietnamese and Chinese. Copies of major non-technical
publications are provided in Spanish and posted on the program website. A few publications are available in
Laotian, Khmer (Cambodian) and Chinese.
In addition to the positive
attention the LEP issue has been given within WHD, the following steps must be
taken to ensure consistency and sufficiency. First, WHD will identify the points of
contact in its program where language assistance is likely to be needed. Second, WHD will evaluate the resources
(publications in languages other than English, bilingual staff who speak
appropriate languages, etc.) needed at each point of contact, and whether or not
needed resources are amply available at each WHD office. Unless resources can be provided in a
consistent fashion, each WHD office will devise a back-up plan to provide the
necessary assistance to LEP individuals. Furthermore, the qualifications of bilingual staff must be reviewed to
ensure demonstrated proficiency in English and the second language, orientation
and training on the skills and ethics of interpretation, and fundamental
knowledge in both languages of any specialized terms or concepts. Finally, WHD will evaluate all documents
deemed vital in the provision of services to the public, and assess the need to
translate these documents based on local office populations.
The Office of Workers’ Compensation Programs administers three major disability compensation programs that mitigate the
financial burden on workers and their dependents or survivors from work-related
injury, disease, or death through the provision of wage replacement and case
benefits, medical treatment, vocational rehabilitation, and other benefits. These programs are the Federal
Employees’ Compensation Act (FECA), which provides services to civilian employees of the
federal government and certain designated groups; the Longshore and Harbor
Workers’ Compensation
Act (LHWCA), which provides similar protection to private sector workers engaged
in certain maritime and related employment; and, the Black Lung Benefits
program, which provides protection to disabled coal miners or their
survivors. Access to these services
stems from written application. Last year, less than one half of one percent of all applicants were
limited English proficient.
In order to ensure that LEP
individuals are aware of the right to obtain assistance in appropriate
non-English languages to assess OWCP services, OWCP will make stakeholders that
serve relevant populations (such as the United Mine Workers and Black Lung
Associations) aware, through written and oral means, that such services are
available. Additionally, since most
of OWCP’s contact with
LEP individuals comes in the form of telephone inquiries or visits to regional
offices, OWCP will identify the points of contact in its program where language
assistance may likely be needed. Second, OWCP will evaluate the staff resources needed at each point of
contact, and whether or not needed resources are available at each OWCP
office. If resources are deemed
insufficient and/or if OWCP does not anticipate significant LEP participation,
OWCP offices will devise back-up plans to provide the necessary assistance to
LEP individuals on an as-needed basis.
The Employment and Training
Administration (ETA)
The Office of Job Corps (JC) oversees vocational training centers across the country to provide youth with
the skills needed to enter the labor force. Training centers and other relevant
entities (e.g., outreach and admissions offices) are generally operated by
contractors; however, a number of centers are conducted by federal agencies such
as the U.S. Department of the Interior and the U.S. Department of
Agriculture. JC provides LEP
students the opportunity to develop English language and acculturation skills so
they can successfully accomplish the full range of JC training. This includes an initial occupation and
language skills assessment, English language skills training, and special
support services. After students
have enrolled, LEP students are typically assigned an individual who can assist
them with interpretation. In
program year 1999, a total of 1,920 applicants were designated as needing
language assistance. JC estimates
that 2.8 percent of all students who will finish JC in program year 2000 are
LEP.
The National Office of Job Corps
must ensure that policies developed and enforced ensure meaningful access and
participation of LEP individuals in JC. Private contractors that operate JC centers must follow the LEP Guidance
issued by DOL for recipients of federal financial assistance. Federally-conducted Job Corps centers
should adhere to the plans of their operating Department(s). Specifically, the National Office of Job
Corps, as well as all center operators, must perform outreach to communities
where LEP persons are highly represented. JC must ensure that its admissions processes do not exclude students on
the basis of their limited English proficiency. Oral interpretation and written
translation services will be made available to aid students in applying.
The Mine Safety and Health
Administration (MSHA) is an enforcement agency whose goal is to eliminate
fatal accidents, reduce the frequency and severity of nonfatal accidents,
minimize health hazards, and promote improved safety and health conditions in
the nation’s
mines. These goals are accomplished
by providing information and education to the mining community (training) and by
assuring compliance with federal law at all mining and mineral processing
operations in the
United
States
. MSHA’s service
population includes more than 350,000 people working in more than 14,000 mining
operations. MSHA does not have
updated statistical data on the LEP population it serves.
First, MSHA must obtain
statistical data on its service population that includes language use. If MSHA is unable to obtain this
information from the Bureau of Labor Statistics or the Bureau of the Census,
MSHA will conduct an internal survey to ascertain both languages encountered and
the points of contact in which language services may be needed. Based on this information, MSHA will
analyze the sufficiency of language assistance currently available. Among the improvements to be made, MSHA
commits itself to taking the following actions to comply with the Executive
Order: 1) Post and maintain signs in regularly encountered languages other than
English in common points of contact; 2) translate all instructional,
informational and other written materials into Spanish and, depending on need,
other non-English languages by competent translators; 3) provide interpreter
services for LEP persons whose language(s) will not be translated in written
form and in those cases where interpretation services
are necessary to ensure meaningful access; 4) include statements
about the services available and the right to free language assistance services,
in appropriate non-English languages, in brochures, booklets, posters, outreach
and recruitment information, and other materials that are routinely disseminated
to the public; and, 5) disseminate MSHA’s LEP policy to all
employees likely to have contact with LEP persons, as well as conduct periodic
training of these employees. Finally, MSHA will ensure that either bilingual staff or an alternative
language assistance service will be available in its headquarters to assist
complainants filing allegations of violations.
The Occupational Safety and
Health Administration (OSHA) safeguards the rights of workers to safe and
healthy working conditions. As the
enforcement agency of the Occupational Safety and Health Act, OSHA staff have
daily contact with LEP individuals, especially in the Southern and Western
regions of the country. For
example, approximately 50 percent of the construction workforce in the South and
West are LEP, generally Spanish speaking. Currently, OSHA employs staff fluent in a variety of languages, including
Spanish, Polish, Greek, Vietnamese, Chinese, Korean, French, Italian, Khmer
(Cambodian), and Arabic. Additionally, posters, pamphlets, and brochures have been translated;
special training classes have been conducted for LEP individuals; partnerships
have been developed with trade associations, employer groups, religious
organizations, etc. to assist OSHA in providing services to LEP individuals;
and, grants have been awarded to organizations to develop safety and health
training for Spanish speaking employees and employers.
To ensure consistency, OSHA will
conduct a detailed review of the points of contact in its program where language
assistance is likely to be needed. Based on this review, the sufficiency of available resources will be
assessed, and specific local office plans will be created to address needs. Due especially to the critical nature of
information and services provided, the qualifications of bilingual staff must be
reviewed based on characteristics of effective interpreters, including
demonstrated proficiency in English and the second language, orientation and
training on the skills and ethics of interpretation, and fundamental knowledge
in both languages of any specialized terms or concepts. Finally, OSHA will review all documents
deemed vital in the provision of services to the public, and assess the need to
translate these documents based on local office
populations.
The Office of Administrative
Law Judges (OALJ) adjudicates cases covering over 70 statutes and
regulations and issues decisions under the formal hearing procedures of the
Administrative Procedure Act. In
most case areas, this requires an oral, evidentiary hearing. Over 85 percent of work performed by the
OALJ stems from the appeals process for benefits under the Black Lung Benefits
Act and the Longshore and Harbor Workers’ Act. In FY 2000, only 20 claimants of over
4,000 total claimants were LEP. In
all cases, professional interpreters were provided by the claimants’ counsel as part of the
litigation expense. If a claimant
was successful in receiving benefits, the cost of the interpreter was reimbursed
to the attorney through the attorney fee award portion of the program. In permanent alien labor certification
cases, applicants are required by regulation to submit documentation in English
or submit an accompanying translation. There has never been a request to the OALJ for written translation
services.
The minute proportion of LEPs
seeking assistance from the OALJ might suggest that language barriers are
impeding access. Initial assessment
and outreach are particularly important. The OALJ should advertise the availability of free language assistance so
as to not provide a less meaningful level of access and service to LEP
persons.
The Office of the Assistant
Secretary for Administration and Management (OASAM)
The Civil Rights Center (CRC) develops and implements regulations, policies, and procedures to ensure the
effective implementation of DOL=s responsibilities under
applicable equal opportunity and nondiscrimination laws and regulations. Primary activities include complaint
processing, compliance reviews, and technical assistance. CRC serves as the only source for which
many employees, participants and beneficiaries can exercise their rights under
the equal opportunity and nondiscrimination statutes.
The CRC’s records clearly
demonstrate the need for frequent communication with Spanish-speaking
individuals (mostly from
Puerto Rico). Vital documents including complaint information forms,
acceptance/denial letters, decisions, settlement agreements, and interrogatory
questionnaires will be translated into Spanish for use in processing
complaints. The CRC will require
outside assistance to translate documents on an as-needed basis for LEP persons
who speak languages other than Spanish. Spanish-speaking individuals will be on staff to provide oral
interpretation services. Again, on
an as-needed basis, CRC will seek outside assistance or the use of a telephone
language line in order to communicate orally with LEP persons who speak
languages other than English and Spanish. Additionally, CRC staff will be trained on the procedures for working
with individuals with limited English proficiency.
The Safety and
Health
Center (SHC) is responsible for
managing the safety, health and workers’ compensation program for
DOL employees. This means that, for the most part, SHC’s contacts are mainly
internal and English proficient. The only exception is SHC’s responsibility to Job
Corps. Job Corps students are
entitled to file written complaints of safety and health violations per the
Occupational Safety and Health Act. Approximately 2.8 percent of Job Corps students submit complaints
yearly. Although the SHC believes
that interpretation and translation services already available at Job Corps
Centers will facilitate students in understanding and exercising their rights,
the SHC will evaluate the need to provide information on the Occupational Safety
and Health Act in Spanish and other languages at Job Corps Centers.
Pension and Welfare Benefits
Administration (PWBA) protects the integrity of pensions, health plans, and
other employee benefits for more than 150 million people. The PWBA’s mission is to 1) assist
workers in obtaining the information they need to protect their benefit rights;
2) assist plan officials in understanding the requirements of the relevant
statutes in order to meet their legal obligations; 3) develop policies and
procedures that encourage the growth of employment-based benefits; and, 4) deter
and correct violations of the relevant statutes. Approximately 1.5 percent of all
individuals who contact PWBA’s benefits advisors
annually for assistance regarding pension and/or health benefits are LEP. For these individuals, oral services,
including telephone and in-person communication, is necessary. Written services are rarely
necessary. Currently, PWBA employs
benefits advisors and investigative staff in field offices who are
bilingual. Depending on the local
population, field office staff provide language assistance in numerous
languages, including Spanish, Vietnamese, Chinese, Czech, Bengali, Hindi,
Korean, Tagalog, and German. Additionally, five of PWBA’s publications that inform
workers of their pension and health benefits rights have been translated into
Spanish. Additional publications
have been identified for translation into Spanish.
Based on the critical nature of
services provided by PWBA, it is essential that points of contact where language
assistance is likely to be needed be identified. Second, PWBA will evaluate the resources
that are needed at each point of contact and whether or not needed resources are
amply available. Unless resources
can be provided in a consistent fashion, all PWBA offices will devise a back-up
plan to provide the necessary assistance to LEP individuals. Lastly, PWBA will review all documents
deemed vital in the provision of services to the public and assess the need to
translate these documents based on language groups served.
Veterans’ Employment and Training Service (VETS) operates two types of activities available to the public:
1) Grant in aid programs including Disabled Veterans’ Outreach, Local Veterans’ Employment Representative, Veterans’ Workforce Investment, and Homeless Veterans’ Reintegration Project programs; and, 2) Protection of
veterans’ rights programs, wherein services are provided directly by
federal staff, and include the Uniformed Services Employment and Reemployment
Rights Act (USERRA) and Federal Veterans’ Preference. Of the latter programs, federal responsibilities include 1) Federal
staff-conducted fact finding/investigations into claims by veterans under
USERRA and Federal Veterans’ Preference. Language ability
will be identified as a selective or mandatory factor in those communities,
particularly
Puerto Rico, where there are
substantial numbers of LEP veterans.
Like other programs, VETS will identify the points of
contact in its program where language assistance is likely to be needed,
evaluate the resources needed at the points of contact, and determine whether or
not needed resources are amply available at each VETS office. Unless resources can be provided in a
consistent fashion, each VETS office will devise a back-up plan to provide the
necessary assistance to LEP individuals. Finally, VETS will review all documents deemed vital in the provision of
services to the public, and assess the need to translate these documents based
on local office populations.
III. Training of Staff - Each of the aforementioned components will ensure proper
instruction of policies and procedures to DOL employees. The Civil Rights Center will be
available to assist with staff training and technical
assistance.
IV. Monitoring - Each
DOL component will be asked to assess the most up-to-date census figures and
actual workload statistics, review the effectiveness of policies and procedures,
and solicit feedback from stakeholders on an annual basis. The Civil Rights Center will manage the
collection of these surveys for review and will provide feedback and suggestions
for improvement when necessary.
[1]. This plan does not address DOL components that
operate programs and activities that solely or predominantly serve DOL
employees, the majority, if not all of whom, must speak English as a condition
of federal employment; programs and activities that are run by recipients of
federal financial assistance; and/or components that only handle DOL internal
administrative functions. These
programs and activities include those managed by the Office of the Assistant
Secretary for Administration and Management (Business Operations Center,
Information Technology Center, and Human Resources Center), the Employment and
Training Administration (Unemployment Insurance, Job Training, Welfare to Work),
the Office of the Chief Financial Officer, the Office of the Assistant Secretary
for Policy, the International Labor Affairs Bureau, etc.
2. The
requirements outlined in this guidance memorandum also apply to materials posted
on web sites. However, the
placement of materials on a web site need not change the original assessment
regarding the number or proportion of LEP persons that comprise the intended
audience for that document. The
four-factor analysis (defined on page two) applies to each individual “document”
on a web site. Generally, entire
web sites need not be translated, usually only the vital documents or vital
information posted would require translation. If, in applying the four-factor
analysis, the DOL program agency determines that a particular document or piece
of information should be translated, then, provided that the English version can
be found on the web site, translations into appropriate languages other than
English should also be posted. If
documents are translated on a web site, the web site homepage should direct
browsers to such information.
|