UIPL30-11acc.pdf

ETA Advisory File Text

EMPLOYMENT AND TRAINING ADMINISTRATION CLASSIFICATION UI ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 CORRESPONDENCE SYMBOL OUI DUIO DATE September 16 2011 ADVISORY UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 30-11 TO STATE WORKFORCE AGENCIES FROM JANE OATES s Assistant Secretary SUBJECT State Responsibilities Regarding Limited English Proficient LEP Individuals RESCISSIONS None EXPIRATION DATE September 16 2012 The Department s guidance on LEP information can be found on its Web site at http www.doleta.gov reports dpld lep.cfm. The Federal Interagency information on LEP can be found at http www.lep.gov and in addition the Department s Civil Rights Center CRC has developed training and compliance assistance tools which can be found at http www.dol.gov oasam programs crc external-compliance-assistance.htm. All staff who works with UI claimants should be aware of these obligations and guidelines. 4. UI Program Access. Individuals have a right to file for UI benefits when they become unemployed. States determine whether individuals are eligible for benefits based on several eligibility requirements. It is important that states have accurate and timely information and that all individuals who file for benefits understand their rights and respon sibilities. States are responsible to formulate policies and practices to effectively communicate with individuals including LEP individuals. States are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP individuals. In developing policies and procedures for serving LEP individuals agencies need to address the following four factors 1 The number or proportion of LEP individuals estimated to be served or likely to be encountered by the program 2 the frequency with which LEP individuals come in contact with the program 3 the nature and importance of the service provided by the program to individuals lives and 4 the resources available. It is suggested that the four factors be applied to determine language needs and for decisions regarding reasonable steps states should take to ensure meaningful access for LEP individuals. This four-factor analysis provides guidance to the states on the mix of LEP services required. In general states have two primary ways to provide language services oral interpretation in person or via telephone and written translation. Oral interpretation can range from on-site interpreters for critical services provided to a high volume of LEP individuals to access through commercially-available telephonic interpretation services. Written translation can range from use of a tag line also called a Babel notice for important messages or short descriptions of a document to translation of an entire document. When interpretation services are needed and the cost is reasonable as dete rmined by the state such service should be provided in a timely manner to avoid the effective denial of the service benefit or right at issue or the imposition of an undue burden on or delay in important rights benefits or services to the LEP individual. At a minimum Title VI guidance requires that for LEP individuals interpreters should be provided in legal proceedings at the government s expense. UI appeals hearing officers in particular often work with interpreters . After applying the four-factor analysis states may determine that an effective LEP plan for their individual UI program includes the translation of vital written materials into a specific language s other than English for a frequently-encountered LEP group s eligible to be served and or likely to be affected by the UI program. Whether or not a UI document or the information it solicits is vital depends upon the importance of the determination or decision the information the encounter or the service involved as well as the consequence s to the LEP individual if the i nformation in question is not provided accurately or in a timely manner. Where appropriate states are encouraged to 2 create plans for consistently determining over time and across their various UI activities what documents are vital to ensuring meaningful access to the LEP population s served. Vital written materials could include for example applications or intake forms information and or advisement forms that potentially have important consequences written notices of eligibility criteria appeal or other rights determination and decision notices and notices advising individuals of free language and translation assistance. Once states have decided what language services will be made available in the state it should develop an outreach plan to ensure that LEP individuals have the opportu nity to know that such services are available free of charge. States are asked to revisit their current LEP services. All areas impacting individuals should be reviewed. For example states good cause provisions for late continued claim filing or other such provisions should be reviewed to ensure individuals who otherwise d isplay due diligence in complying with the state requirements are not denied procedural due process because of their limited English proficiency. Other examples include reviewing terms that are used in the program such as voluntarily quit or misconduct. The state should ensure clarity of instructions regarding applications for services required reporting to the agency job search requirements appeal rights and responsibilities equity and good conscience cri teria involving non-fraud UI overpayments critical deadlines etc. Finally states should ensure that interpreters are knowledgeable of tec hnical UI-related terminology. Training and informational materials related to UI terms that are used in claims taking fact finding and appeals proceedings should be part of the process for using any interpreting services. The Department strongly recommends that states include a tag line Babel notice such as the sample notice below in important documents such as call-in notices determination notices appeals hearing notices and appeal decisions. Suggested language to include with such notices is provided below Sample Tag Line Babel Notice IMPORTANT This document s contains important information about your unemployment compensation rights responsibilities and or benefits. It is critical that you understand the information in this document. DEADLINE FOR APPEAL If you disagree with this determination or decision you must file an appeal before the deadline noted in this document. IMMEDIATELY If needed call xxx-xxx-xxx for assistance in the translation and understanding of the information in the document s you have received. This sample language has been translated into 10 common languages spoken nationally. These are Spanish Chinese French German Tagalog Italian Vietnamese Korean Polish and Russian. The Department will make these translations available to the states via the Regional Offices under separate cover. 3 The Department is available to provide technical assistance including training to states to assist them in complying with Title VI and Section 188. States can contact the Department s CRC http www.dol.gov oasam programs crc index.htm by calling 202 693-6500 or by e-mailing CivilRightsCenter dol.gov. The Department of Justice has also published a Language Access Assessment and Planning Tool for Federally Conducted and Federally Assisted Pro grams http www.lep.gov resources 2011 Language Access Assessment and Planning Tool.pdf that states can incorporate in their LEP programs. States can also obtain information about best practices successful strategies used by other federal fund recipients and to identify sources of federal reimbursement for translation services from the Revised HHS LEP Guidance issued on February 1 2002. Additional technical assistance can be obtained from the HHS Office of Civil Rights Web site at http www.hhs.gov ocr. A live webinar featuring two states UI services for LEP individuals was held on July 13 2011 and the webinar was recorded for future access. States are encouraged to access this recording on the Workforce 3 One Web site at www.workforce3one.org.