Public Awareness

Bulletins - Summer 2010 OPDV Bulletin


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Language Access for Limited English Proficient (LEP) Victims of Domestic Violence

Michael Mulé, Staff Attorney, Hon. Michael Telesca Center for Justice, Empire Justice Center

Title VI of the Civil Rights Act of 1964 (Title VI) requires domestic violence programs and agencies that receive federal financial assistance to ensure limited English proficient (LEP) victims of domestic violence are provided meaningful access to programs and services. To comply with these requirements, agencies should have appropriate policies and procedures in place and provide necessary language assistance services.


Challenges

In addition to the usual obstacles that confront victims of domestic violence, the most daunting of these barriers for LEP victims is often their inability to speak or read English proficiently.1 Limited English proficient (LEP) refers to individuals who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English.2 For some victims, the abuser is their only connection to the English-speaking world.3 LEP victims face additional obstacles when they are unable to communicate with law enforcement, court staff, or receive information about domestic violence service providers.4


Legal Protections

Title VI prohibits recipients of federal assistance from discriminating based on national origin by, among other things, failing to provide LEP individuals meaningful access to programs and services.5 Meaningful access is language assistance that results in accurate and effective communication at no cost to the LEP individual.6 Language assistance services include interpretation, oral language services, and translation, written language services, in the language of each frequently-encountered LEP group eligible to be served or likely to be affected.7


The obligation to provide language assistance services applies to all law enforcement agencies, state courts, domestic violence programs and shelter providers that receive federal financial assistance.8 To ensure compliance with Title VI, recipients of federal assistance should develop a written language access plan which describes how and when it provides language assistance services to LEP individuals.9


Tips and Tools for Providers

Domestic violence providers should assess the languages commonly spoken in the community and develop appropriate protocols and resources.10 One way to ensure compliance with Title VI is to develop a language access plan that describes how to identify and assess the language needs of the LEP communities, how the program will communicate with LEP individuals, the range of language assistance options available and how they will be provided, how and when to translate written materials, a budget plan to implement language assistance services, how staff will be trained on these procedures, and a system to monitor these services to address changing needs. The Washington State Coalition Against Domestic Violence developed a model protocol that can be found at http://www.wscadv.org/docs/protocol_LEP_victims.pdf.


Providers should work with community-based organizations serving LEP communities to share resources and target outreach.11 Language assistance services can be provided through a combination of students, community members, and academics as well as in person and telephone interpreters and professional translators.12 Children should never be used as interpreters or to translate documents.13 Interpreter services should only be provided by individuals who are competent and understand that any breach in confidentiality may put an LEP client in danger.


Domestic violence service providers need to develop policies and procedures to address the linguistic barriers confronting LEP victims and ensure they are provided meaningful access to other programs that receive federal assistance. As the Department of Justice recently explained, providing language services for LEP individuals “is not a fly-by-night measure, but an essential component of what it takes to do business and meet civil rights requirements.”14


Many of the resources referenced in this article and other materials can be found on the author’s website, the Language Access Resource Center, http://onlineresources.wnylc.net/pb/orcdocs/LARC_Resources/
LEPTopics/DV/DV.htm.


  1. Carolyn Ham, Reducing Language Barriers to Combating Domestic Violence: The Requirements of Title VI, Battered Women’s Justice Project, http://data.ipharos.com/bwjp/documents/REDUCING%20LANGUAGE%20
    BARRIERS%20TO%20COMBATING%20DOMESTIC%20VIOLENCE.pdf.
  2. U.S. Dept. of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 65 Fed. Reg. 50,124 (August 16, 2000), http://www.usdoj.gov/crt/cor/Pubs/guidfr.pdf.
  3. Violence Against Women Office, Toolkit To End Violence Against Women, Chapter 5: Additional Justice System Responses, October 2001, 6, http://toolkit.ncjrs.gov/files/fullchapter5.pdf.
  4. See Note 1, U.S. Dept. of Justice, Letter to State Court Administrators, December 1, 2003, http://www.justice.gov/crt/cor/courtsletter_generic.php.
  5. 2000 DOJ Guidance at 50,124.
  6. 2000 DOJ Guidance at 50,123.
  7. U.S. Dept. of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455, 41,463 (June 18, 2002) http://www.usdoj.gov/crt/cor/lep/DOJFinLEPFRJun182002.pdf.
  8. 2002 DOJ LEP Guidance at 41,466-41,472.
  9. 2002 DOJ LEP Guidance at 41,464-65.
  10. U.S. Department of Justice, Civil Rights Division, Chapter 4: Tips and Tools Specific to Domestic Violence Service Providers and Specialists, September 21, 2004, 38, http://www.lep.gov/resources/FinalTipsandToolsDocument_9_21_04.pdf.
  11. You can find groups in New York by using this map, http://www.otda.state.ny.us/main/bria/programs/map.htm.
  12. Tips and Tools, 39.
  13. Asian & Pacific Islander Institute on Domestic Violence. Resource Guide for Advocates & Attorneys on Interpretation Services for Domestic Violence Victims, August 2009, 7, http://www.apiahf.org/images/stories/Documents/publications_database/
    dv_InterpretationResourceGuide-APIIDV-2010.pdf.
  14. Acting Assistant Attorney General Loretta King, April 20, 2009, http://www.lep.gov/Kingremarks4_20_09.pdf.