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4/15/2020Equal Employment Opportunity Commission Language Access Plan
U.S. Equal Employment Opportunity Commission
Equal Employment Opportunity Commission Language Access Plan
I. Introduction
Title VII of the Civil Rights Act of 1964 created the Equal Employment Opportunity Commission (“EEOC” or “the
Commission”) to enforce the federal laws that prohibit employment discrimination and to eradicate unlawful employment
discrimination. To accomplish this mission, EEOC is committed not only to combating employment discrimination through
strategic law enforcement, but also to preventing employment discrimination through outreach and education, to ensure
both that members of the public understand how to exercise their rights, and that employers and other covered entities
understand how to prevent and, if necessary, address and resolve discrimination.[1] The Commission long has recognized
that as part of these outreach and education efforts, we must reach out to all segments of the nation’s workforce, including
the numerous workers who read and speak languages other than English and who may not be conversant in the English
language. The Commission is also cognizant of the dramatic changes that have taken place over the past 48 years, as both
the nation and the workforce have grown increasingly diverse. Since Title VII was enacted, immigrants, as well as women,
persons of color, and older workers, have increasingly entered the workforce, advanced into management positions, and
started businesses of their own.[2] These demographic changes pose challenges and opportunities for the Commission, as
we seek to address new forms of discrimination that did not exist when EEOC was established, and to reach individuals and
groups that speak languages that were rarely heard in the United States in 1964, when Congress passed Title VII.
EEOC, both at headquarters and in its District, Field, Area, and Local Offices (referred to herein as “HQ” and “field offices”),
has engaged in various activities designed to extend our enforcement, education, and technical assistance to limited
English proficient (LEP) communities throughout the nation. As critical components of the Commission’s nondiscrimination
efforts, these activities include conducting outreach and education to LEP communities, including LEP applicants,
employees, and employers; providing technical assistance to employers, including both employers with LEP employees and
employers who are LEP; investigating, mediating, and litigating charges alleging discrimination against LEP Charging
Parties; adapting reporting systems to capture information about LEP activities; approving new bilingual position
descriptions; training field staff on provision of language assistance services; and developing and maintaining relationships
with LEP stakeholders. This plan describes the Commission’s efforts, both current and anticipated, in furtherance of its
responsibility to ensure that LEP applicants, employees, employers, and stakeholders continue to enjoy meaningful access
to EEOC programs and services.
II. General Language Access Policy Directive
a. Policy Statement
i. It is the policy of the EEOC that all EEOC staff must take reasonable steps to provide LEP persons with
meaningful access to all EEOC programs and activities.
ii. It is the responsibility of EEOC staff and not the LEP person to ensure that communications between EEOC
and the LEP person are not impaired as a result of the limited English proficiency of the individual.
Commission staff will provide the LEP person with both interpretation and translated materials, where
available.
iii. EEOC staff will inform the public of the availability of language accessible programs and activities.
b. Purpose and Authority Statement
This Plan describes the Commission’s policies and practices to provide language access services to limited English
proficient individuals. The Plan also outlines anticipated future actions to assist LEP individuals. Pursuant to this Plan, the
Commission seeks to continue to eliminate or reduce – to the maximum extent practicable – limited English proficiency as a
barrier to accessing Commission programs or activities.
This Plan establishes guidelines in accordance with Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, 65 Fed. Reg. 50,121 (Aug. 16, 2000), which directs all federal agencies to “examine the
services [they] provide[] and develop and implement a system by which [limited English proficient] persons can meaningfully
access those services consistent with, and without unduly burdening, the fundamental mission of the agency.” This Plan
complies with Attorney General Eric H. Holder’s February 17, 2011 memorandum to federal agencies regarding the federal
government’s renewed commitment to language access obligations under Executive Order 13166.[3] This Plan supersedes
prior EEOC Language Access Plans.[4] We anticipate that this Plan and related documents will be reevaluated in two years.
c. Definitions
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i. Bilingual Staff – A staff person who has demonstrated proficiency in English and reading, writing, speaking, or
understanding at least one other language. For the purposes of this plan, a bilingual staff member is a staff
member hired under a bilingual position description.
ii. Effective Communication – Communication sufficient to provide the LEP individual with substantially the same
level of services received by individuals who are not LEP. For example, staff must take reasonable steps to
ensure communication with an LEP individual is as effective as communication with English proficient
individuals when providing similar programs and services.
iii. Field Offices – EEOC offices located across the country. These offices conduct administrative, enforcement,
litigation, and outreach activities, and are often the first point of contact for LEP individuals who seek
information about their rights or responsibilities or would like to file a charge of discrimination.
iv. Headquarters (HQ) – EEOC’s administrative offices, located in Washington, D.C.
v. Interpretation – The act of listening to a communication in one language (source language) and orally
converting it to another language (target language) while retaining the same meaning.
vi. Language Assistance Officer (LAO) -EEOC staff who are responsible for ensuring that their respective offices
provide meaningful access to agency programs and services to LEP individuals within their jurisdiction.
vii. Language Assistance Services – Oral and written language services needed to assist LEP individuals to
communicate effectively with staff, and to provide LEP individuals with meaningful access to, and an equal
opportunity to participate fully in, the services, activities, or other programs administered by the Commission.
viii. Limited English Proficient (LEP) Individuals – Individuals who do not speak English as their primary language
and who have a limited ability to read, write, speak, or understand English. LEP individuals may be
competent in English for certain types of communication (e.g., speaking or understanding), but still be LEP
for other purposes (e.g., reading or writing).
ix. Meaningful Access – Language assistance that results in accurate, timely, and effective communication at no
cost to the LEP individual. For LEP individuals, meaningful access denotes access that is not significantly
restricted, delayed, or inferior compared to programs or services provided to English proficient individuals.
x. Primary Language – An individual’s primary language is the language in which the individual most effectively
communicates.
xi. Program or Activity – all of the operations of the Commission.
xii. Translation – The replacement of written text from one language (source language) into an equivalent written
text in another language (target language).
xiii. Vital Document – Paper or electronic written material that contains information that is critical for accessing the
Commission’s programs or activities, or is required by law.
III. Function of the Commission
As noted above, pursuant to Executive Order 13166 and the Attorney General’s February 17, 2011 memorandum, EEOC is
responsible for preparing and implementing a plan to improve LEP persons’ access to Commission programs and activities.
To understand the EEOC programs and activities to which the Executive Order applies, we provide the following brief
overview of the Commission.
A. Enforcement
EEOC is a law enforcement agency. The Commission enforces seven federal laws that prohibit employment discrimination
against applicants for employment, current employees, and former employees: Title VII of the Civil Rights Act of 1964, as
amended (prohibiting discrimination on the basis of race, color, religion, sex, or national origin); the Equal Pay Act of 1963,
as amended (prohibiting employers from paying different wages to men and women performing equal work in the same
establishment); the Pregnancy Discrimination Act of 1978 (prohibiting discrimination based on pregnancy, childbirth, or
related medical conditions); the Age Discrimination in Employment Act of 1967, as amended (prohibiting discrimination
against persons age 40 or older); Sections 501 and 505 of the Rehabilitation Act of 1973, as amended, and Titles I and V of
the Americans with Disabilities Act of 1990, as amended (prohibiting discrimination against individuals with disabilities); and
Title II of the Genetic Information Nondiscrimination Act of 2008 (prohibiting discrimination based on genetic information).
These protections apply regardless of a person’s immigration or citizenship status.
Our programs are administered through a central headquarters office in Washington, D.C., and district, field, area, and local
offices located throughout the country. At present, EEOC has 15 district offices, 9 field offices, and 29 smaller area and local
offices. Our field offices are responsible for enforcing federal employment discrimination laws in all 50 states, the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands (St. John, St. Thomas, and St. Croix), American
Samoa, Guam, the Northern Mariana Islands, and Wake Island.
The EEOC has two procedures, one for the private sector (including corporations, private employers, unions, and state and
local governments) and one for the federal sector (federal government agencies). In Fiscal Year 2011, EEOC received
99,947 private sector charges of discrimination, 8,123 federal sector administrative hearing requests, and 5,176 federal
sector appeals.
a. Private Sector Charge Process
Federal employment discrimination laws cover corporations, private employers, unions, state and local governments, and
educational institutions that employ a certain minimum number of individuals (generally 15). The laws also cover private and
public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and
training. U.S.-based companies that employ U.S. citizens outside the United States or its territories and foreign corporate
employers that operate in the United States or its territories are also covered by equal employment opportunity laws, with
certain exceptions.
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Individuals who believe that they have been subjected to discrimination at work because of race, color, religion, sex
(including pregnancy), national origin, age (40 or older), disability, or genetic information, or because they filed a
discrimination complaint, participated in a discrimination proceeding, or otherwise opposed discrimination, may file a
discrimination complaint, called a “charge of discrimination,” at 53 field offices located across the United States. In general,
individuals must file a charge within 180 calendar days from the day the alleged discrimination took place. The 180 calendar
day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment
discrimination on the same basis. The rules are slightly different for age discrimination charges. For age discrimination, the
filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state
agency or authority enforcing that law.
Many individuals initially contact the Commission by phone, while others contact us by mail. Alternatively, individuals may
visit a field office to speak with an Intake Officer. Often, a person’s initial contact will be to obtain information about his or her
employment rights, to learn about the time frames for filing charges, or to learn about the charge filing process generally.
If an individual wishes to file a charge, EEOC staff will provide the potential Charging Party with an intake questionnaire
which requests information about the nature of the alleged violation, the identity of the employer, and other pertinent facts.
The intake questionnaire is available in both English and Spanish. After the intake questionnaire is completed and reviewed,
the potential Charging Party will meet or speak with a field office staff member to discuss, in depth, the allegation(s) and the
information presented by the individual in support of the allegation(s). Our intake staff counsel potential Charging Parties on
the strength of the information presented and the likelihood of success. Anyone who wishes to file a charge may do so.
If an individual files a charge, EEOC notifies the Respondent within ten days of the filing date. Further processing of the
charge may involve an invitation to mediate, additional investigation, or dismissal if the charge is deemed to be nonmeritorious. The parties may agree to settle a charge at any time. If EEOC determines that further investigation will not
result in finding that a violation occurred, we will dismiss the charge and issue a notice of right to sue to the Charging Party.
This notice gives the Charging Party permission to file his or her own lawsuit against the employer. If EEOC finds
reasonable cause to believe a violation has occurred, we will attempt to resolve the issues through conciliation (informal
settlement talks to resolve the dispute). If conciliation is unsuccessful, EEOC may litigate the matter or issue a notice of right
to sue to the Charging Party.
b. Federal Sector Complaint Process
Federal employment discrimination laws also apply to federal government employees and applicants. While there are
several avenues through which a discrimination claim may be pursued in the federal sector, employees or applicants who
believe that they have been discriminated against by a federal agency must generally contact an EEO Counselor at the
agency within 45 days of the discriminatory action. The Complainant’s agency is responsible for providing foreign language
assistance, such as an interpreter, if needed, at the complaint stage of the process. The individual may choose to participate
in counseling or in alternative dispute resolution (ADR), if available. Ordinarily, counseling must be completed within 30 days
and ADR within 90 days. At the end of counseling, or if ADR is unsuccessful, the individual may then file a complaint with
the agency. The agency must investigate the complaint unless it is dismissed, in which case the Complainant may appeal
the dismissal to EEOC. The charged agency has the responsibility to provide foreign language assistance, such as an
interpreter, if needed, during the investigation.
Once the agency finishes its investigation or after 180 days has passed, the Complainant may request a hearing before an
EEOC Administrative Judge or an immediate decision from the agency. If a federal employee or applicant needs foreign
language assistance, such as an interpreter, while the complaint is in the hearing stage at EEOC, it is the responsibility of
the responding agency to provide the needed language assistance. In cases in which a hearing is requested, the
Administrative Judge issues a decision and sends it to the parties. In cases in which discrimination is found, the
Administrative Judge orders appropriate relief. If the agency does not issue a final order within 40 days of receiving the
Administrative Judge’s decision, the decision becomes the final action of the agency and, therefore, binding. If the agency
timely issues an order notifying the Complainant that it will not fully implement the Administrative Judge’s decision, the
agency also must file an appeal with EEOC’s Office of Federal Operations (OFO) at the same time. A Complainant may also
file an appeal with OFO from any final agency action in which there is a finding of no discrimination.
B. Outreach
In addition to enforcing federal employment discrimination laws, EEOC also conducts outreach to the employer and
employee communities to provide them with the tools and information they need to comply with or understand their rights
under the law. EEOC has a statutory mandate to educate the public and to provide outreach and technical assistance to
facilitate compliance with the laws the Commission enforces. While EEOC will not hesitate to investigate, conciliate, and
litigate charges when necessary, the Commission seeks to prevent discrimination from occurring by educating employees
and employers about their rights and responsibilities.[5] To the extent that outreach to LEP communities results in LEP
individuals expressing interest in filing charges of discrimination, the Commission provides language assistance services
during intake and any subsequent enforcement activities, as needed, as described below in Section IV.b. The Commission
also provides language assistance services to LEP employers, as needed, as described in Section IV.
EEOC outreach includes education and technical assistance through HQ and field office-sponsored events that serve
various stakeholder groups, including those with LEP members, and fee-based training programs conducted by the
Commission’s Revolving Fund program. Education efforts also include promoting EEOC programs, activities, and
accomplishments through the media, including social media. In addition, the Commission produces written materials that
describe, in plain language, the laws that we enforce and the process for seeking assistance. These materials, as well as
many others, are available on the Commission’s web site, www.eeoc.gov. As noted in Section IV.b.ii.2 below, many outreach
materials are available in foreign languages.
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IV. Language Access Plan
a. Determining Language Needs
To fulfill EEOC’s obligations under Executive Order 13166, Commission staff must understand the language needs of the
populations within EEOC’s jurisdiction. Accordingly, in Fiscal Year 2013, the Office of Field Programs (OFP) will request that
the District Offices review and revise their language assistance plans. The development process for the new plans will
include reviewing charge filing data and Census data (the latter in consultation with EEOC’s Office of Research, Information,
and Planning (ORIP), as needed) and soliciting feedback from stakeholder groups to determine the language needs of
individuals within their respective jurisdictions.
b. Providing Language Access
To date, EEOC’s Language Access Plan has been overseen by OFP and implemented by Language Assistance Officers
(LAOs) in field offices throughout the country, as well as at Headquarters. The LAOs reflect a cross-section of the agency,
and include Outreach Coordinators, Enforcement Managers, Alternative Dispute Resolution Coordinators, Investigative
Support Assistants, Investigators, Supervisors, Area Directors, District Resource Managers, Program Analysts, and
Attorneys. As a result, the LAOs are well-equipped to not only coordinate language assistance, but also to provide technical
assistance in navigating EEOC processes and procedures and understanding the laws enforced by the Commission.
As described in Section VIII below, pursuant to the Attorney General’s February 17, 2011 memo, the Commission will
establish a Language Access Working Group (LAWG) to implement Executive Order 13166 and ensure that limited English
proficient individuals continue to have meaningful access to EEOC programs and services. We anticipate that the LAOs will
serve an integral role in the LAWG.
In addition, in Fiscal Year 2013, OFP will ask District Directors to appoint an LAO in each field office and to select one LAO
in each District to serve as the District LAO Coordinator.
i. Interpretation
1. Bilingual Staff
Nearly all of the LEP persons who contact EEOC seek to learn about their employment rights or to file a charge of
discrimination. In some instances, LEP individuals may visit a field office for this purpose. In these instances, to ensure the
accuracy, quality, neutrality, and consistency of the information provided, the Commission’s preferred method of
communication with LEP individuals is by using a bilingual staff member. In addition to assisting LEP individuals who visit or
contact a field office, bilingual staff also conduct outreach to community groups, advocacy organizations, and members of
the business community who assist LEP applicants, employees, and employers, to notify them of their respective rights and
responsibilities and relevant EEOC programs and services, as indicated below in Section VI.
Field offices recruit, interview, and hire bilingual employees based on the applicant’s ability to speak, interpret, and translate
fluently, and to perform the duties and functions required by the position. As of July 2012, the Commission had 160
employees (primarily Investigators) in bilingual positions. The Commission’s bilingual employees are fluent in Spanish,
Korean, Polish, Cantonese, Mandarin, Vietnamese, and Thai. See Appendix B for a list of bilingual Commission staff.
If staff are unable to immediately determine what language the LEP potential Charging Party (PCP) speaks, staff should
direct the PCP to the “I Speak” poster located in the reception area so the PCP can identify his or her preferred language. If
the PCP’s language is on the chart, staff should determine whether local staff hired under a bilingual position description
(PD) for the needed language are available to either assist the PCP immediately or, assuming the filing deadline is not
imminent, schedule the PCP for an intake interview in the near future. Staff should also provide the PCP with translated
material regarding his or her employment rights and the EEOC charge process, if available.
If the PCP’s language is not included on the chart or no local staff on the appropriate bilingual PD are available, reception
staff should follow the office’s procedures for securing telephonic interpretive services, as indicated in Section IV.b.i.2 below.
Staff should contact the Language Assistance Officer (LAO) to assist in the coordination of language services, as needed.
Field offices are encouraged to continue the practice of rotating staff assignments, where possible, to ensure that a bilingual
employee is available in vital program areas, with the exception of mediation. Due to the confidentiality of the mediation
process and the firewall between the mediation and investigative processes, if a bilingual mediation employee is not
available, field offices should secure paid interpretation services for the mediation.
2. Telephonic Interpretation
Telephone calls are the most common method by which members of the public, including LEP individuals, contact the
Commission. EEOC’s main number, 1-800-669-4000, receives approximately 25,000 to 30,000 calls per month, and more
than 300,000 calls per year. In Fiscal Year 2012, EEOC received approximately 10,500 calls from callers who needed
assistance in a language other than English. Intake Information Representatives (IIRs), specially trained EEOC staff who
handle these intake calls, are instructed to provide interpretive services to LEP individuals directly, if hired under a bilingual
PD, or through Translations International, which provides telephonic interpretation in 150 languages by professional certified
linguists.
IIRs hired under a bilingual PD are fluent in written and spoken English and the language referenced in the PD (usually
Spanish). As with applicants for any bilingual PD, bilingual field office staff evaluate the language skills of applicants for
bilingual IIR positions.
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When HQ funds are available for a nation-wide contract, OFP instructs field offices to use the language assistance contract
with Translations International. When HQ funds are not available, field offices may use their local funds to obtain language
assistance from Translations International or other translation organizations.
3. Federal Agency Language Assistance
If bilingual Commission staff are not available to assist LEP individuals, field offices may determine whether staff from local
federal agencies are able to provide the needed language assistance. In general, language assistance that the Commission
receives from other agencies and provides to other agencies results from participation in local Federal Executive Boards
(FEBs). FEBs are interagency consortiums in which local federal leaders identify strategies and resources to address local
priorities and needs. In Fiscal Year 2013, OFP will request that District Offices that obtain language assistance through
FEBs determine, in consultation with local FEB member agencies, how to assess the language capability of federal
employees who provide language assistance services through the FEB.
4. Community-Based Organizations
If bilingual Commission staff are not available to assist LEP individuals, as an alternative to seeking language assistance
through the FEB, field offices may contact community-based organizations to obtain volunteer interpretive services for LEP
individuals, in accordance with the procedures established in EEOC Order 680.005. Field offices should obtain the consent
of the LEP individual before contacting the community-based organization. See Appendix C for a list of community-based
organizations, categorized by EEOC District. OFP, in consultation with the Office of Legal Counsel (OLC), will draft and
circulate to the field a standard agreement that individuals or organizations that voluntarily provide language assistance in
these instances must sign before EEOC may accept the language assistance. The agreement will describe the
confidentiality and neutrality requirements inherent in the EEOC proceeding at issue.
In addition to seeking language assistance from community-based organizations for enforcement efforts, field offices may
also contact these organizations to request volunteer interpretive services for outreach or education events for LEP
audiences, in accordance with the procedures established in EEOC Order 680.005.
5. Exigent Circumstances
In some instances, LEP PCPs may request that a friend or family member serve as an interpreter during an intake interview.
As indicated above, EEOC’s preferred method of communication with an LEP who is seeking to file a charge is through a
bilingual staff member. However, in exigent circumstances in which the deadline to file is imminent, a bilingual staff member
is unavailable to assist, and the field office is unable to obtain qualified interpretive services on short notice, field offices may
allow the LEP PCP’s relative or friend to serve as an interpreter during the intake interview. However, once the charge is
filed, the field office should obtain a qualified interpreter, as necessary, for subsequent enforcement activity, such as
interviewing witnesses or Respondents or conducting mediation. Note that use of a friend or family member to serve as an
interpreter should be used only in exigent circumstances and is not the preferred method to provide interpretation services
to LEP individuals.
ii. Translation of Vital Documents
To enhance communication with limited English proficient individuals, EEOC has translated a number of documents into
languages other than English. EEOC selected languages for translation of Commission documents based on the language
needs of our constituents as identified by our field office and HQ staff through ongoing dialogue with stakeholders in field
office communities. The documents selected for translation are, for the most part, “vital documents” in that they provide
critical information about the statutes EEOC enforces, charge filing requirements, and charge processing information to
persons in need of EEOC’s services.[6] EEOC ensures quality control of translations through qualification standards and
safeguards in the procurement of translation services.
Classification of a document as “vital” depends on the importance of the program, information, encounter, or service
involved, and the consequence to the LEP person if the information in question is not provided accurately or in a timely
manner. In the first quarter of FY 2013, as part of an overall review of the EEOC publication and distribution process,
EEOC’s Office of Communications and Legislative Affairs (OCLA), in consultation with OFP and OLC, will determine which
HQ documents are considered “vital.” District Directors will determine which field-developed documents are “vital.” These
offices or individuals will also consider recommendations regarding which documents to translate and the languages for
translation from employees familiar with the charge, case, matter, or outreach project.
Examples of EEOC documents that may be “vital” include: charge forms, requests for position statements, requests for
information, dismissal letters, determination letters, notices of rights to sue, other time-sensitive notices (such as discovery
requests that require the individual’s cooperation in answering), consent orders or decrees, settlement agreements, notices
of community meetings or charge- or case-related community outreach, forms or other written material related to
employment rights and responsibilities, and notices regarding the availability of language assistance services for LEP
individuals.
In general, documents that could be classified as “vital” fall into two categories: (1) specific communication regarding a
charge, case, or matter between an individual (usually a potential Charging Party, a Charging Party, or a Respondent) and a
field office; and (2) documents primarily intended for the general public or a broad audience.
1. Documents Regarding a Charge, Case, or Matter Between an Individual and a Field Office
The purpose of translating charge or case-related vital documents is to ensure that LEP individuals enjoy meaningful access
to Commission enforcement and litigation efforts. As indicated in Section IV.b.i.1 above, most LEP individuals who contact
EEOC wish to learn more about their employment rights or to file a charge of discrimination. As a result, field offices have
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translated enforcement-related documents, such as charge intake questionnaires, as well as locally developed brochures
addressing employment rights, into a variety of languages, including Spanish, Hindi, Urdu, French, Punjabi, and Farsi.
In addition, EEOC translates written complaints and charge forms received in foreign languages to determine whether or not
the matter falls within the Commission’s jurisdiction and to determine how to proceed. Enforcement and/or legal staff, in
consultation with the District Director as needed, should determine which charge or case-related documents are “vital” and
the appropriate language(s) for translation. Factors that may influence whether a charge or case-related written document
should be translated may include the language proficiency of the Charging Parties and/or class members; involvement of
LEP Charging Parties, witnesses, or Respondents; or the nature of the case.
In cases involving LEP Charging Parties, it is not uncommon for EEOC settlement agreements to require that Respondents:
post notices in languages other than English informing employees of their rights, distribute anti-discrimination policies in
languages other than English to staff, and provide training in languages other than English to limited English proficient
personnel. Field office staff should continue to incorporate these provisions into settlement agreements as needed, based
on, among other things, the factors identified in the previous paragraph.
In some cases, field office staff, in consultation with OCLA, as needed, may determine that it is necessary to translate press
releases, particularly if the case involves a large number of LEP individuals or if translation of the press release may provide
helpful information to other LEP individuals who may be affected by the alleged discrimination at issue. To further facilitate
the timely translation of press releases – as well as increase EEOC interaction with Spanish-language media – OCLA is
currently recruiting for a Public Affairs (Spanish) position.
In addition to charge forms, EEOC occasionally receives correspondence written in a language other than English. Field
offices should continue to use bilingual staff, if available, to call the writer if a phone number is included in the letter, or to
respond in writing in the individual’s language. If bilingual staff are not available, field offices should seek translation
assistance through the FEB, if available, or through a local community-based organization. Field offices may accept
voluntary language assistance provided by outside individuals or entities pursuant to the requirements described in Section
IV.b.i.4 above.
2. Documents Intended for the General Public or a Broad Audience
EEOC has long recognized that educating applicants, employees, and employers, including LEP individuals, about their
workplace rights and responsibilities may help prevent discrimination from arising. Accordingly, EEOC has translated fact
sheets on employment discrimination, charge filing, and mediation into Arabic, Chinese, Haitian Creole, Korean, Russian,
Spanish, and Vietnamese. In addition, EEOC has translated guidance on the employment rights of immigrants under federal
anti-discrimination laws into Arabic, Bosnian, Chinese, Farsi, French, Haitian Creole, Hindi, Hmong, Korean, Punjabi,
Russian, Spanish, Urdu, and Vietnamese. The Commission has also translated guidance on employment discrimination
based on religion, ethnicity, or country of origin into Arabic, Farsi, Hindi, Punjabi, and Urdu.
Recognizing that employers, as well as applicants and employees, may have limited English fluency, EEOC has translated a
question and answer document for small employers on employer liability for harassment by supervisors, a small business
fact sheet, and a fact sheet on small employers and reasonable accommodation into Arabic, Chinese, Haitian Creole,
Korean, Russian, Spanish, and Vietnamese. To assist employers in meeting their responsibility to post notices describing
the federal anti-discrimination laws, EEOC has translated the “Equal Employment Opportunity is the Law” poster into Arabic,
Chinese, and Spanish. Translated documents are available to the public on our web site and through our Publications
Distribution Center. See Appendix D for a list of translated documents.
The LAWG will monitor the translation of outreach and education-related documents to ensure that appropriate material is
translated when a significant number or proportion of the population eligible to be served or likely to be directly affected by a
particular Commission program or activity needs service or information in a language other than English to be effectively
informed of or to participate in the program or activity. In particular, in Fiscal Year 2013, Commission staff will review and
propose updates to EEOC’s public web site, including web pages that provide information in languages other than English,
to ensure that relevant pages include vital information about Commission activities, including information about the
Commission’s jurisdiction and mission, information about how to file a charge, information about how to contact the
Commission, and information about the availability of free language assistance services. As noted earlier, OCLA will be
conducting a review of the publication distribution process that will include a review of translated documents and the
systems designed to deliver publications to the public.
EEOC’s Outreach Coordinators, in consultation with the LAWG, will consult with relevant stakeholders, including community
groups, business groups, and non-profit organizations, to determine which outreach materials should be translated and to
identify the target languages for translation.
iii. Notification of the Availability of Free Language Services
In Fiscal Year 2012, to help prospective Charging Parties with limited English proficiency identify their language needs, the
Commission created and disseminated “I Speak” posters to field offices. These posters, which feature the phrase “I speak
[language]” in 62 languages, are displayed in field office intake reception areas, clearly visible to the public. We anticipate
that the posters will enable field office staff to quickly ascertain language needs and provide bilingual assistance, forms, or
informational material to LEP individuals.
EEOC’s Outreach Coordinators maintain close ties to community organizations that assist immigrant groups and persons
with limited English proficiency. They have and will continue to notify these groups about the availability of free language
assistance services.
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When vital documents that have been translated into other languages are reprinted or updated in HQ, EEOC will include a
statement in each document about the availability of free language assistance services. In addition, OFP will advise field
offices to add this statement when they reprint locally translated forms or vital documents.
In Fiscal Year 2013, HQ staff will update the EEOC web site to notify the public that language assistance is available at no
charge, as needed. In addition, EEOC’s Language Access plan will be disseminated to relevant stakeholders, as well as to
the general public, and posted on our web site and on www.lep.gov.
V. Staff Guidance
Over the years, EEOC has issued guidance, memoranda, and instructions to staff regarding the EEOC’s obligation to
provide language assistance in enforcement and outreach activities and administrative hearings. The LAWG will review
these documents to ensure the material is legally sufficient and consistent with Commission policy and practice and to
determine whether revisions are required to further educate staff about the Commission’s responsibilities under E.O. 13166.
Upon revision, the LAWG will post the updated documents on our internal web site. In addition, the Chair will e-mail the
revised EEOC Language Access Plan to EEOC employees. Furthermore, as indicated in Section VIII below, EEOC will train
staff on the Commission’s obligations under E.O. 13166 and the revised EEOC Language Access Plan.
VI. Community Engagement and Outreach
The Commission has long recognized the importance of conducting outreach to and developing and maintaining
relationships with LEP communities on both the national and local levels.
In recent years, we have intensified our efforts to locate and educate underserved populations that may not be aware of
EEOC’s services or may hesitate to contact us because of language or cultural barriers. We will continue to conduct
outreach to underserved communities and to increase the availability and accessibility of EEOC publications, including
through translation of informational materials.
We will continue to develop cooperative relationships with federal, state, and local agencies, consulates, community-based
organizations, and other interested stakeholders to coordinate outreach, enforcement, and litigation efforts on behalf of
limited English proficient individuals. We will also continue to work with federal agencies to share and utilize tools, best
practices, and technical assistance to ensure that EEOC provides high quality, cost-effective language access services.
In addition, we will work internally to enhance our enforcement and litigation efforts on behalf of individuals and groups of
individuals, including LEP persons. For example, in 2011, EEOC created an Immigrant Worker Team to develop and
implement a comprehensive plan for EEOC to address discrimination issues affecting workers of foreign national origin,
including issues related to human trafficking, migrant workers, and immigrant workers, which may particularly affect LEP
communities.
On a local level, field offices will continue to participate in roundtable discussions, distribute literature at ethnic festivals and
job fairs, and use community-based organizations’ office space for EEOC intake activities. Field office staff will also continue
to appear on bilingual radio and television shows and continue to publish articles in bilingual newspapers and other
publications to provide information about the Commission, federal employment discrimination laws, and EEOC programs
and services.
The EEOC web site is designed to be fully accessible to persons using any web browser and any adaptive equipment. The
web site contains information for employers on their legal responsibilities and information for constituents seeking
assistance with private sector and public sector employment discrimination issues. As indicated above, translated
documents are available on EEOC’s web site. In addition, as indicated above, this Language Access Plan will be posted on
EEOC’s web site and www.lep.gov and disseminated to relevant stakeholders.
VII. Monitoring the Plan
As indicated below, the LAWG Chair, in consultation with OFP and the LAWG, will be responsible for the oversight, training,
performance, coordination, and implementation of all aspects of the Commission’s language assistance services to LEP
individuals, including, but not limited to, overseeing the agency’s Language Access Plan. Any concerns regarding the
implementation of the EEOC Language Access Plan should be directed to the Office Director (if pertaining to field office
implementation) or to the LAWG Chair (if pertaining to HQ implementation).
On a local level, field office leadership and HQ staff monitor EEOC outreach and enforcement activities designed to reach
underserved communities, including communities likely to include LEP persons. Field offices provide quarterly reports to
OFP which describe their progress in meeting their outreach and enforcement objectives.
Comments and concerns received in HQ regarding the provision of language assistance services are reviewed by OFP staff
and referred to the appropriate field office. Field Office Directors are responsible for assessing complaints; resolving them, if
possible; and responding to the complaining party. If the complaint cannot be resolved satisfactorily by the office that initially
received the complaint, Field Office Directors should forward the complaints to OFP for resolution.
In Fiscal Year 2013, OFP will ask District Directors to ensure that complaints regarding the provision of language services
are communicated to the District LAO Coordinator, and that both complaints and resulting resolutions are reported to the
LAWG, to enable the LAWG to determine whether agency-wide changes to policies or practices are necessary, depending
on the types and/or frequency of the complaints.
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VIII. Anticipated Language Access Activities
As described in greater detail below, the Commission will continue training and outreach campaigns, review and revise
agency programs and services as needed, analyze data collection, and enhance coordination to ensure that individuals with
limited English proficiency continue to have meaningful access to agency programs and services.
The Commission will train EEOC staff on EEOC’s responsibilities under Executive Order 13166. The training includes
scenarios to explain how staff can identify the language needs of LEP individuals, access and provide language assistance
services, work with interpreters, and request document translation. Three field offices received training in Fiscal Year 2012;
a fourth office will receive training in early Fiscal Year 2013. After OFP revises the training based on feedback received
during the pilot sessions, the remaining field offices will receive training in Fiscal Year 2013.
The Commission will conduct outreach to notify LEP individuals, community-based organizations that assist LEP persons,
other relevant stakeholders, and the public of the Commission’s revised Language Access plan, policies, and procedures.
The campaign will include bilingual outreach, as resources permit. The LAWG will work in concert with OCLA to develop
strategic communications plans to maximize publicity about language access enhancements to EEOC information and
systems.
Pursuant to the Attorney General’s February 17, 2011 memo, the Commission will establish a Language Access Working
Group (“LAWG”) to implement Executive Order 13166 and ensure that limited English proficient individuals continue to have
meaningful access to EEOC programs and services. We anticipate that the LAO Coordinators, along with representatives
from the Commission’s Office of Communications and Legislative Affairs; Office of Federal Operations; Office of Field
Programs; Office of General Counsel; Office of Human Resources; Office of Information Technology; Office of Legal
Counsel; Office of Research, Information, and Planning; and a representative from the Commission’s Asian American and
Pacific Islander Task Force and Immigrant Worker Team, will serve on the Commission’s LAWG. In addition to the
responsibilities outlined elsewhere in this plan, the LAWG will identify barriers to language access and formulate strategies
and responses to overcome barriers to meaningful language access.
The LAWG will be chaired by a designee of the Chair of the EEOC. The LAWG Chair, in consultation with OFP and the
LAWG, will be responsible for the oversight, training, performance, coordination, and implementation of all aspects of the
Commission’s language assistance services to LEP individuals. The LAWG Chair will periodically brief the Chair or his or
her designee on the Commission’s activities pursuant to this plan. Awo Sarpong Ansu, Special Assistant to EEOC Chair
Jacqueline A. Berrien, currently serves as Chair of the LAWG.
The LAWG will review agency programs and activities for language accessibility and implement changes as necessary to
ensure that individuals with limited English fluency, including any EEOC staff who have limited English proficiency, have
meaningful access. For example, the Commission will update EEOC’s Office of Equal Opportunity Handbook as necessary
to state that individuals who are not proficient in English are entitled to an interpreter or translator at no cost and to describe
the process for requesting such services.
Within one year of submission of this Plan, the LAWG will analyze the Commission’s current data collection efforts related to
language access and assess how the information may be used to further the Commission’s efforts to ensure meaningful
access to agency programs and services to LEP individuals.
In Fiscal Year 2013, Commission staff, in coordination with the LAWG, will review and propose updates to EEOC’s public
web site as needed to ensure that the web site includes vital information about Commission activities, including information
about the Commission’s jurisdiction and mission, information about how to file a charge, information about how to contact
the Commission, and the availability of free language assistance services.
To ensure the continued language capability of Commission staff, the LAWG will assess the training needs of bilingual staff
and make recommendations to OFP’s Outreach and Training Coordinator regarding how any needs might be met.
OFP will request that District Offices update District Language Access Plans in Fiscal Year 2013 in accordance with the
Attorney General’s memo and the revised EEOC Language Access Plan. To assist the field and ensure a cohesive,
strategic approach to providing meaningful language access nation-wide, OFP, OGC, OLC, and ORIP will provide the
District Offices with resources for revising their plans and Department of Justice guidance on language access assessment
and planning. In addition, ORIP will assist the District Offices in accessing and interpreting Census data for their revised
plans.
In addition to Census data, District Offices will review charge filing data and solicit feedback from stakeholder groups to
determine if members of various ethnic groups have been reached and are using EEOC enforcement services. Based on
the comparison of demographic data, charge filing data, and stakeholder feedback, if District Offices determine that certain
groups may be under-served, perhaps due to cultural or language barriers, the offices will develop a plan to reach those
communities and initiate contact with community-based organizations to provide outreach and other information about
Commission programs and services.
IX. Conclusion
The Commission is ever mindful of its responsibility to promote justice and equality of opportunity for all workers. Indeed,
this mandate carries particular weight in relation to individuals with limited English proficiency, who may be particularly
vulnerable to discrimination and unaware of, or reluctant to take advantage of, available legal protections. The Commission
also has a responsibility to assist employers, including LEP employers, who may not understand their responsibilities under
federal employment discrimination laws. The Commission is committed to continuing to ensure that limited English proficient
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individuals have meaningful access to EEOC programs and services. The Commission will continue to provide outreach and
education, as well as technical assistance, to LEP applicants, employees, and employers. In addition, the Commission will
continue to use its enforcement authority to ensure that LEP individuals enjoy the legal rights and freedoms to which they
are entitled.
[1] See EEOC, Strategic Plan for Fiscal Years 2012 – 2016 3, available at
http://www.eeoc.gov/eeoc/plan/upload/strategic_plan_12to16.pdf (last visited Oct. 9, 2012).
[2] See, e.g., Press Release, Bureau of Labor Statistics, U.S. Department of Labor, Foreign-Born Workers: Labor Force
Characteristics – 2011 (May 24, 2012), available at www.bls.gov/news.release/pdf/forbrn.pdf (reporting that in 2011, 71.2 %
of foreign-born Blacks, 65.6 % of foreign-born Asians, 60.2 % of foreign-born Whites, and 69.8 % of foreign-born Hispanics
participated in the U.S. labor force); Robert W. Fairlie, Estimating the Contribution of Immigrant Business Owners to the U.S.
Economy (Nov. 2008), available at http://archive.sba.gov/advo/research/rs334tot.pdf (noting that immigrants represent 12.5
% of U.S. business owners and generate $67 billion in U.S. business income, based on 2000 U.S. Census data).
[3] Attorney General Holder’s memo requested that agencies draft guidance for recipients of federal financial assistance.
The Commission does not provide federal financial assistance.
[4] On December 22, 2000, EEOC issued its first language access plan. In addition, EEOC District Offices developed their
own language access plans. The District plans were updated in 2003 and 2006.
[5] See, e.g., Strategic Plan, supra note 1, at 1 (noting that in Title VII of the Civil Rights Act of 1964, Congress provided the
Commission with the authority “to prevent any person from engaging in any unlawful employment practice”).
[6]
Fed. Coordination and Compliance Section, Dep’t of Justice, Common Language Access Questions, Technical
Assistance, and Guidance for Federally Conducted and Federally Assisted Programs 12 (2011), available at
http://www.lep.gov/resources/081511_Language_Access_CAQ_TA_Guidance.pdf (describing a document as vital if it
“contains information that is critical for accessing the agency’s program[s] or activities, or is required by law”).
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Writing Assignment # 6
Employment Discrimination
HOTEL
SI
Name:
Manuel, a Latino, was born in Portland and is a U.S.
citizen. His parents and many of his relatives were born in
Mexico. Manuel’s family always spoke Spanish at home.
Manuel is bilingual, but speaks English with a slight
accent. Manuel worked half time at St John’s Hotel while
he was attending college. He started working as a
“reserve” worker for large banquets, but because he was a
hard worker he was quickly promoted to be a waiter in the
hotel’s upscale restaurant. After about a year Manuel was
promoted to be the restaurant’s assistant manager.
Manuel often finds using Spanish handy on the job because many of the hotel’s workers are primarily Spanish-speaking.
Manual often speaks Spanish with Juan, who supervises the wait staff. Juan was born on Mexico and is legally in the US on a
work visa. This week the hotel chain brought in a new restaurant manager named George who formerly worked in Chicago.
George noticed that Manuel, Juan and other workers frequently spoke Spanish among themselves. This made George feel
uncomfortable. George was much stricter than the previous manager and was little-liked by the staff.
On Monday morning George announced a new “English Only” policy. Workers were only to speak and write English while
on the job. This included breaks. George explained that the restaurant had few or no Spanish-speaking guests and the
purpose of the new policy was to make the guests comfortable. “We’re in a competitive industry. We need to do everything
we can to make their meals with us feel like they are at home. If anyone needs some time to learn English come see me.”
Required: Manuel and Juan feel that the new English-Only policy discriminates against them because they are Latino.
Use the excerpt from the Civil Right Act (below) to answer the following questions.
1. What arguments would Manuel’s lawyer use to argue that the new policy is illegal under the statute, and what would the
hotel’s lawyer argue in opposition?
2. What arguments would Juan’s lawyer use to argue the new policy is illegal, and what would the hotel argue?
Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate in the workplace based upon race, color, religion,
sex, or national origin. The statute provides as follows:
“It shall be unlawful employment practice for an employer…to discriminate against any individual with respect to his
compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or
national origin; or to limit, segregate, or classify his employees or applicants for employment in any way which would
deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an
employee, because of such individual’s race, color, religion, sex or national origin.”
