If your organization receives federal financial assistance — or serves the public as a healthcare provider, government agency or business — you likely have obligations to communicate effectively with people who have limited English proficiency (LEP) or who are Deaf or hard of hearing. This overview explains the key laws in plain language. It is general information, not legal advice; consult your counsel for guidance specific to your organization.
Title VI of the Civil Rights Act of 1964
Title VI prohibits discrimination on the basis of race, color or national origin in programs that receive federal funds. Federal agencies have long interpreted national-origin discrimination to include failing to provide meaningful access to people with limited English proficiency. In practice, recipients are expected to assess the language needs of the people they serve and provide interpreting and translated materials accordingly.
Executive Order 13166
Executive Order 13166 directed federal agencies to improve access to their own programs for LEP individuals and to issue guidance for recipients of federal funds. Many agencies use a “four-factor analysis” to determine what language services are reasonable: the number or proportion of LEP persons served, the frequency of contact, the importance of the program, and the resources available.
Section 1557 of the Affordable Care Act
Section 1557 applies non-discrimination requirements to health programs and activities receiving federal financial assistance. Its implementing regulations address the use of qualified interpreters, restrictions on relying on family members or minors to interpret, standards for video remote interpreting, and notices informing people that language assistance is available free of charge.
The Americans with Disabilities Act (ADA)
The ADA requires covered entities to provide auxiliary aids and services — such as qualified sign language interpreters and real-time captioning — to ensure effective communication with people who are Deaf, hard of hearing or DeafBlind. The appropriate aid depends on the person’s communication method and the complexity of the situation.
What a compliant program typically includes
- A written language access plan and policy
- Data on the languages your community speaks
- Access to qualified interpreters in every relevant modality, 24/7 where services are 24/7
- Translation of vital documents into frequently encountered languages
- Staff training on how and when to use language services
- Notices of available language assistance, in multiple languages
- Testing for any bilingual staff who communicate directly in another language
- Monitoring, reporting and periodic review
How Rehoboth helps
We provide the services and the documentation: qualified interpreters across OPI, VRI and on-site; ASL and CART; translation of vital documents; bilingual staff testing; and usage reports that make audits straightforward. Request a free language access assessment.