Approximately 68 million people in the United States speak a language other than English at home. Of these 68,000,000 people, 8.2% speak English less than very well and thus meet the federal definition of limited English proficiency (LEP); they do not speak English as their preferred language and have a limited ability to read, write, speak, or understand English.
Data show there are higher rates of limited English proficiency in certain communities of color and among people with lower incomes. There is also a lack of meaningful language access nationally, which can lead to inequitable access to critical federally subsidized programs and services, such as health care, public education, transportation, police protection, and state courts.
According to the U.S. Department of Health and Human Services:
“If healthcare providers can’t communicate clearly with their patients, how can they establish a relationship of trust, and how can patients appreciate the severity of what’s happening to them, or understand what’s needed to make them better?”
Many federal laws support language access and require federally subsidized health care providers plus state and local government agencies to provide free interpretation and translation so people can access the services they need regardless of where they come from or what oral or sign languages they speak. These laws include: Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; Title II of the Americans with Disabilities Act; Section 1557 of the Affordable Care Act; Individuals with Disabilities Education Act (IDEA); and Equal Education Opportunity Act (EEOA).
Federal laws prohibit entities receiving federal financial assistance from discrimination on the basis of, among other things, race, color, national origin, and disability. These entities must provide an equal opportunity to people to participate in and benefit from programs, communications with individuals with disabilities must be as effective as with others, and reasonable steps must be taken to provide meaningful access to people with LEP. Obligations to take steps in providing meaningful access to individuals with LEP also apply to subrecipients (or, subcontractors) of federal financial assistance, who must similarly comply with all applicable civil rights laws. Illustrating the salience of language access legal obligations, a federal court recently opined about required language assistance in public schools:
“The IDEA contains procedural safeguards designed, in part, to ensure “that families of such children have meaningful opportunities to participate in the education of their children at school and at home.” 20 U.S.C. §1400(c)(5)(B). For example, the school “must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.” 34 C.F.R. § 300.322(e). T.R. v. School District of Philadelphia, (E.D. Pa., 2016).
Myriad studies and analyses well document how vital compliant, effective language services are. A new study by North Carolina Asian Americans Together (NCAAT) and Wake Forest School of Medicine confirms our existing understanding.
The study sought to better understand the experiences of people who are Limited English Proficient in North Carolina. The study’s authors spoke with 29 community members, 62% who were LEP themselves, and 38% who were close friends or relatives of an LEP person.
According to NCAAT:
“We found that being LEP increases the difficulty of communicating, which can intensify stress in high-stakes situations (e.g. work conflicts, healthcare visits, finding housing) but can also impact day-to-day life (e.g. difficulty ordering food, disconnect from American pop culture). LEP status also limits access to needed resources impacting social determinants of health, such as healthcare, social services (e.g., Medicaid), and transportation. People who are LEP said that they felt that they were socially isolated, helpless, and relied on others too much for basic tasks.
This contributed to stress and anxiety for the LEP person which was often shared by people who supported them. Some LEP supporters spoke of a feeling of pride in being bilingual, and others discussed feeling burdened and undue guilt and pressure when they were unavailable or otherwise unable to interpret for their LEP community members. Many LEP supporters began acting as interpreters at a young age, which caused additional stress due to this additional responsibility and lack of knowledge combined with their involvement in high-stakes activities involving governmental documentation or finances of the household, which changed the dynamics between parents and their children.
LEP Asian Americans most often experience discrimination through microaggressions (e.g., belittling, assumed lack of intelligence/knowledge, etc.). However, more direct forms of discrimination were also reported (e.g., racial profiling and physical assault). Many LEP individuals discussed concerns about safety, such as feeling unprotected by the police. LEP folks are vulnerable to scams of many kinds (e.g. financial, misinformation) due to language barriers.”
Wake Forest and NCAAT further found that LEP people often relied upon informal or ad hoc interpreters to bridge the language gap. Such informal interpreters and translators are invariably not equipped to handle difficult, often highly personal, language interactions. They are untrained, unfamiliar with specialized terminology and ethical standards, and may be compromised by personal relationships with the LEP person whom they are attempting to assist.
As the study reports:
“People who are LEP said that they felt that they were socially isolated, helpless, and relied on others too much for basic tasks.
This contributed to stress and anxiety for the LEP person which was often shared by people who supported them. Some LEP supporters spoke of a feeling of pride in being bilingual, and others discussed feeling burdened and undue guilt and pressure when they were unavailable or otherwise unable to interpret for their LEP community members. Many LEP supporters began acting as interpreters at a young age, which caused additional stress due to this additional responsibility and lack of knowledge combined with their involvement in high-stakes activities involving governmental documentation or finances of the household, which changed the dynamics between parents and their children.
LEP Asian Americans most often experience discrimination through microaggressions (e.g., belittling, assumed lack of intelligence/knowledge, etc.). However, more direct forms of discrimination were also reported (e.g., racial profiling and physical assault). Many LEP individuals discussed concerns about safety, such as feeling unprotected by the police. LEP folks are vulnerable to scams of many kinds (e.g. financial, misinformation) due to language barriers…
Informal interpreters are most often found through personal connections, but we also heard from participants that they often relied on their religious communities (temples and churches) to seek assistance. Some participants shared that when they did not have an interpreter, they would use translation apps like Google Translate, ask for information to be written down, and work with an informal interpreter to prepare for and translate information ahead of time.”
The LEP people interviewed or the study have some important advice for future advocacy and direction to make language access the “lingua franca” of daily life in the United States.
“The interviewees recommended that language access and language justice could be improved by providing more interpretation and translation services by increasing government funding, thus offering interpreters more resources and better benefits for their work… Further, they ask that organizations and institutions make any existing interpretation services more clear, and train their staff on their availability, process, and best practices. They emphasized that solutions should be community-driven and initiated.”
© Bruce L. Adelson 2024. All Rights Reserved The material herein is educational and informational only. No legal advice is intended or conveyed.
Bruce L. Adelson, Esq., is nationally recognized for his compliance expertise. Mr. Adelson is a former U.S Department of Justice Civil Rights Division Senior Trial Attorney. Mr. Adelson is a faculty member at the Georgetown University School of Medicine and University of Pittsburgh School of Law where he teaches organizational culture, implicit bias, cultural and civil rights awareness.
Mr. Adelson’s blogs are a Bromberg exclusive.