*The U.S. Equal Employment Opportunity Commission*

----

# Plan of the Equal Employment Opportunity Commission for Improving Access to Services for Persons with Limited English Proficiency

## I. Introduction

Executive Order 13166, 65 Fed. Reg. 50,119 (Aug. 16, 2000)(Executive Order), directs all Federal agencies to "examine theservices [they] provide and develop and implement a system by which[limited English proficient (LEP)] persons can meaningfully accessthose services consistent with, and without unduly burdening, thefundamental mission of the agency." On December 22, 2000, the EqualEmployment Opportunity Commission (EEOC or Commission) issued itsoriginal LEP Plan, in which the Commission noted the importance ofproviding the LEP community with meaningful access to EEOCservices. The initial Plan also described the EEOC's then-currentefforts to provide services to the LEP community and the steps weplanned to take in order to ensure that a proper level of servicewould continue to be available to persons with little or nofacility to communicate with the EEOC in English.

This document reiterates the EEOC's commitment to the LEPcommunity. Among the goals of the EEOC is ending employmentdiscrimination in the workplace. The Commission long has recognizedthat to fulfill this goal, we must reach out to all segments of thenation's workforce, which includes the millions of workers who readand speak languages other than English *and* who may not beconversant in the English language. Despite a history of limitedresources, EEOC remains committed to providing meaningful access ofour outreach and enforcement programs to persons with limitedEnglish proficiency.

On August 6, 2001, Cari M. Dominguez was sworn in to theposition of EEOC Chair. Upon taking office, Chair Dominguez statedthat "I am humbled and honored to have this opportunity to servePresident Bush and the American people as Chair of the EEOC." Sheadded:

EEOC has a unique and rich history. Its mission captures thepromise of America and the mandate of our times: that no worker beleft behind for reasons as wasteful and abhorrent as prejudice anddiscrimination. . . . I look forward to working closely with . . .all . . . who are committed to our mandate and wish to partner withus in the race to end discrimination in the workplace once and forall.

Shortly after taking office, Chair Dominguez issued a"Five-Point Plan," to guide the EEOC's effort to reduce workplacediscrimination. The Plan is the strategic framework through whichthe EEOC will strive to become preeminent in enforcement of thenation's civil rights laws, protecting individuals fromdiscrimination, as well as in providing outreach to all who aspireto ensure fairness in the workplace. The Five-Point Plan presents abroad, progressive approach that calls for the EEOC to seek outstrategic alliances both within and outside the agency to enhancethe effectiveness of its programs and services. Reaching morepeople through expanded and nontraditional outreach and informationsharing forums - and, in particular, devising outreach tools toextend the EEOC's mission to members of the LEP community - willaid the agency's efforts in stemming employment discrimination.

The five elements of the plan are:

    - Proactive Prevention,
    - Proficient Resolution,
    - Strategic Enforcement and Litigation,
    - Promotion and Expansion of Mediation, and
    - Making EEOC a Model Workplace.

***Proactive prevention***: EEOC recognizesthe need to do more to prevent discrimination from happening in thefirst place and to ensure that its message of nondiscrimination isheard in all sectors of the American workplace. Through use oftechnical assistance seminars, meetings with employee and employergroups and advocacy organizations, development of web-basedinformation resources, and increased effort to disseminate ourmessage through all forms of media, EEOC seeks to provide guidanceto employers regarding their obligations to provide adiscrimination-free workplace and to ensure that all those seekingwork and currently employed understand their rights and the EEOC'scommitment to enforce all Federal nondiscrimination lawsvigorously. Getting the message out to the LEP employer andemployee communities present unique challenges that the EEOC mustaddress in order to fulfill its mission of ending discrimination inthe workplace.

***Proficient resolution***: The quick,efficient, and fair resolution of charges is essential if EEOC isto protect the rights of workers and reduce the time and expenseassociated with the EEO process. The EEOC regularly reviews itscharge filing process and takes such steps as are necessary toimprove it. As a part of this review, EEOC examines access toCommission services by members of the LEP community.

***Strategic enforcement and litigation***:Using all the tools at its disposal, EEOC chooses charges tolitigate in order to make the greatest impact possible to eradicateemployment discrimination. The Commission examines emerging trendsand issues in the workplace, which allows the agency to makeinformed decisions on what topics merit EEOC attention anddetermine how best to focus our policy, guidance, investigative,litigation, and federal coordination functions to preventemployment discrimination. Among the factors that EEOC tracks andconsiders are data from field offices concerning outreachactivities, from industry and advocacy groups, and from annualreviews of demographic trends. The EEOC has filed federal civilcourt actions on behalf of members of the LEP community and willcontinue to do so where such actions serve the public interest.

***Promotion and expansion of mediation*/ADR**: Expanded use of mediation or otherforms of alternate dispute resolution lies at the heart of theFive-Point Plan. The EEOC has offered mediation to charging partiesand employers in many cases early in the EEO charge process inorder to attempt to resolve the dispute quickly and lessexpensively. The EEOC offers mediation without regard to whether acharging party is conversant in English and has providedtranslation services when necessary.

***EEOC as a model workplace***: Through theuse of tools developed in conjunction with the President'sManagement Agenda, the EEOC is making important enhancements tointernal agency operations. These changes will result in a modelworkplace where EEOC staff can effectively and efficientlyaccomplish the agency's mission in an environment conducive to goodemployment practices. The very principles and standards EEOCpromotes to businesses and other federal agencies should be readilyapparent in our own operations. The EEOC's goal is nothing short ofbuilding a model workplace with programs and practices worthy ofemulation. The EEOC recognizes that we must provide the LEPcommunity with meaningful access to Commission services in order toachieve our goal of a model workplace; EEOC becomes a workplaceworthy of emulation by ensuring that all persons, including the LEPcommunity, have access to its services.

In the sections that follow, we discuss the law enforcement andoutreach functions of the Commission; current Commission efforts toserve persons with limited English ability; the process throughwhich the current Plan has been developed; and the five elements ofthe new EEOC LEP Plan.

## II. Function of the Commission

Under the Executive Order, EEOC is responsible for preparing andimplementing a plan to improve access to our programs andactivities by persons with limited English proficiency. In order tounderstand the programs and activities to which the Executive Orderapplies, we provide the following brief overview of the function ofthe Commission.

### A. Enforcement

EEOC is a law enforcement agency. We enforce six Federal lawsthat prohibit employment discrimination against persons who may beapplicants for employment, current employees, or former employees.These laws are: Title VII of the Civil Rights Act of 1964, asamended (prohibiting discrimination on the basis of race, color,national origin, religion, and sex); the Equal Pay Act of 1963(barring employers from paying persons of one gender less thanpersons of the other gender where both work in substantiallysimilar positions); the Age Discrimination in Employment Act of1967, as amended (prohibiting discrimination against persons age 40and older); the Rehabilitation Act of 1973, as amended, and theAmericans with Disabilities Act of 1990 (prohibiting discriminationagainst qualified individuals with disabilities); and the CivilRights Act of 1991 (which includes provisions for monetary damagesin cases of intentional discrimination and clarifies provisionsregarding disparate impact actions). These protections applyregardless of the person's immigration or citizenship status.

Our programs are administered through a central headquartersoffice in Washington, D.C. (HQ), and district, area, and localoffices located throughout the country. At present, EEOC maintains25 district offices and 26 smaller area and local offices. Ourfield offices have jurisdiction in all 50 states, the District ofColumbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands(St. John, St. Thomas, and St. Croix), American Samoa, Guam, theNorthern Mariana Islands, and Wake Island.

Potential charging parties may contact an EEOC field office inperson, by telephone (either by calling the appropriate fieldoffice or by calling a toll-free 800 number that will connect themto the appropriate office), or by mail. Often, a person's initialcontact will be to obtain information about his/her employmentrights, to learn about the time frames for filing charges, or tolearn about the process generally.

If an individual wishes to file a charge, EEOC intake staff willprovide the potential charging party with an intake questionnaire,which requests information concerning the nature of the allegedviolation, the identity of the employer, and other pertinent facts.After the intake questionnaire is completed and reviewed, thepotential charging party will meet or speak with a field officestaff member to discuss, in depth, the allegations and theinformation presented by the individual in support of theallegation. Our intake staff counsel potential charging parties onthe strength of the information presented and likelihood ofsuccess. Anyone who wishes to file a charge may do so.

If a charge is filed, we notify the respondent employer of thecharge within ten days of the filing date. Further processing ofthe charge may involve an invitation to mediate, additionalinvestigation, or dismissal, if the charge is deemed to benon-meritorious. Charges may be settled at any stage of processingif both parties agree to a negotiated settlement. If we determinethat further investigation will not result in finding that aviolation occurred, we will dismiss the charge and issue a noticeof right to sue to the charging party. If we find reasonable causeto believe a violation has occurred, we will attempt to resolve theissues through conciliation. If conciliation is unsuccessful, wemay proceed to litigation, forward the case to the Department ofJustice for review, or issue a notice of right to sue at thatpoint, depending on the statutes involved, our local litigationpriorities, the nature of the violation, and whether the respondentis a state or local government.

### B. Outreach

Chair Dominguez's Five Point Plan recognizes that to eradicateemployment discrimination, the EEOC not only must enforce Federalnondiscrimination law, but also must reach out to the employer andemployee communities and provide them with the tools andinformation they need to comply with or understand their rightsunder the law. EEOC has a statutory mandate to educate the publicand provide outreach and technical assistance to facilitatevoluntary compliance with the laws the Commission enforces.Preventing employment discrimination is a preferred approach, andone that the EEOC would rather pursue than enforcing the statutesby investigation and litigation.

At the Commission, outreach includes education and technicalassistance through HQ and field office-sponsored events that servevarious stakeholder groups, including those with LEP members, andfee-based training programs conducted by our Revolving Fundprogram. In addition, the Commission produces written materialsthat describe, in lay terms, the laws we enforce and the processfor seeking assistance. These materials, as well as many others,are on the Commission's web site, www.eeoc.gov.

## III. Current Efforts to Provide Services to the LEP Community

### A. Introduction

The Commission's current outreach efforts to the LEP communitybegan with issuance of a National Enforcement Plan (NEP) in 1996,and continued with the 1999 establishment of task force groups toexamine, among other concerns, efforts on behalf of migrant workersand low wage earners and issues relating to national origindiscrimination.(1) Both of thesetask forces addressed issues that affect members of LEPcommunities. More recently, the EEOC issued a new section to itscompliance manual, Section 13: National Origin Discrimination, inwhich the EEOC addresses different national origin issues arisingunder Title VII of the Civil Rights Act of 1964, as amended, 42U.S.C. § 2000e *et seq.*

EEOC also prepared and submitted a "Strategic Plan for AsianAmericans and Pacific Islanders" (AAPI) in response to a WhiteHouse Initiative on Asian Americans and Pacific Islanders - aninitiative designed to improve the quality of life of AAPIs thoughincreased access and participation in federal programs. TheCommission's AAPI Plan addresses outreach efforts, including use ofa variety of print and electronic media outlets; meetings withadvocacy groups; and preparation and distribution of publicinformation materials "targeted to the needs of the AAPIcommunity." These efforts also include translation of materials forAAPI members who also belong to various LEP communities. Further,our current three-year Outreach Plan (2001-03), which EEOCsubmitted to the Executive Director of the White House Initiativein 2001, outlines our commitment to increased communication withunder served communities and to provide materials in languagesother than English, and to make bilingual services available topersons who are of limited English proficiency.

### B. Field Office Outreach

EEOC, both at headquarters and in its District, Area, and LocalOffices (referred to herein as "HQ" and "field offices"), hasengaged in various activities designed to extend our enforcement,education, and technical assistance to LEP communities throughoutthe nation. As critical components of the Commission'snondiscrimination efforts, these activities include the outreach,investigation, resolution, and litigation of charges allegingdiscrimination against LEP charging parties; adapting reportingsystems to capture information about LEP activities; approving newbilingual position descriptions for field office use; distributinginstructions to field staff on the provision of language assistanceservices; and developing and maintaining relationships with LEPstakeholders, such as:

- meeting with stakeholder groups, such as local migrant orimmigrant groups, many of which represent LEP individuals, toimprove access to EEOC;
- planning joint Commission and national origin advocacy groupprograms for specific industries and/or individual outreach;
- assessing language needs, determining skills of current staff,hiring of bilingual staff within available resources, andre-writing of position descriptions to require bilingual ability incertain positions; and
- developing and maintaining the expertise, cultural competency,and language skills of EEOC staff. (Budget constraints requiredthat the Commission impose hiring restrictions during FYs 1996-98and 2000-present; the Commission did hire bilingual staff during FY1999, but the current budgetary situation prevents EEOC from hiringadditional staff or replacing any staff who may haveleft.)

### C. Document Translation

The Commission has arranged for the translation of variouspublications into different languages. The EEOC has translated sixdocuments describing the laws that EEOC enforces into the followinglanguages: Spanish, Haitian/Creole, Vietnamese, Russian, Korean,Arabic, and Chinese. These and 11 other translated documents arenow available to the public through our Publications DistributionCenter. (*See*Appendix D).(2) In addition, our field offices havetranslated various documents that they use in support of theirenforcement efforts, including charge intake questionnaires andlocally developed brochures addressing the needs of specific groupsin additional languages, such as Hindi, Urdu, French, Punjabi, andFarsi.

Financial constraints and the expense of competent professionaltranslation have limited the number of documents translated as wellas the number of languages into which we have translated documents.If funding becomes available, more documents will be translated andmade available for distribution. The EEOC is also preparingdocuments in these same seven languages for addition to its publicweb site. Our effort to include such documents on the web has beenconstrained by limited funds, but we are hopeful of includingdocuments discussing basic EEO issues, describing the laws that theEEOC enforces and how to file a charge, and explaining the EEOCprocess once a charge has been filed. Documents addressing thesetopics should be on the web by the end of the next fiscal year(FY2004).

### D. Post 9/11 Outreach Efforts

In the days following the tragic events of September 11, 2001,the EEOC engaged in a forceful effort to combat backlashdiscrimination. This multifaceted effort included thefollowing:

- Coordination with the Civil Rights Division, Department ofJustice, and the Office of Federal Contract Compliance Programs,Department of Labor, on a "Joint Statement Against EmploymentDiscrimination in the Aftermath of the September 11 TerroristAttacks." The Joint Statement commended those employers who "sentout the message that discrimination and harassment will not betolerated in their workplaces" and promised "prompt and appropriateaction in response to complaints of employment discriminationrelating to the events of September 11 and the ongoing fightagainst terrorism." The EEOC committed itself to "taking allnecessary action to protect the civil rights of all of our workingpeople."
- Chair Dominguez, EEOC Commissioners, and other senior EEOCstaff met with members of employee advocacy groups representing thedifferent communities affected by the post-9/11 backlash, includingrepresentatives of the Arab, Middle Eastern, Sikh, and South Asiancommunities to discuss backlash issues.
- The EEOC held a Commission meeting on December 12, 2001,specifically to address the backlash issue, and heard testimonyfrom advocacy groups representing affected communities and fromemployers and employer representatives regarding best practices foraddressing workplace backlash issues.
- The EEOC issued two "Fact Sheets" that addressed issues ofconcern to the groups affected by backlash: "Questions and Answersabout Employer Responsibilities Concerning the Employment ofMuslims, Arabs, South Asians and Sikhs," which includes informationabout hiring and other employment decisions, harassment, religiousaccommodation, temporary assignments, background investigations,and where to go for more guidance; and "Questions and Answers aboutthe Workplace Rights of Muslims, Arabs, South Asians and Sikhsunder the Equal Employment Opportunity Laws," which is gearedtoward employees, and includes information about hiring anddischarge, harassment, religious accommodation, and how to file acharge of discrimination.
- The EEOC participated with other Federal departments andagencies in town hall meetings, held in communities withsignificant affected populations, to discuss backlash issues.
- The EEOC kept track of post 9/11 charges and filed severalFederal court actions against employers for discriminating againstemployees on bases such as national origin and religion. The EEOCalso was able to settle many charges raising post 9/11allegations. (3)

### E. In-House Assistance to LEP Individuals

Principally through use of in-house staff, the EEOC has beenable to provide services to most members of the LEP community whohave sought our assistance when raising allegations of workplacediscrimination. As we noted in our initial Plan, the EEOC employsseveral hundred bilingual and multilingual employees in variouscapacities nationwide. Almost all of our field offices includepersonnel fluent in Spanish, and many offices also includeemployees conversant in some of the languages spoken by significantportions of the larger local LEP communities (e.g., Vietnamese inHouston and Los Angeles, Arabic in Detroit, Cantonese and Mandarinin San Francisco). We also have established relationships withother federal departments and agencies and with community-basedorganizations and have been able to obtain assistance whenever ourin-house resources have been unavailable or we have not had EEOCpersonnel fluent in the specific language needed. Finally, at leastfive EEOC offices have made use of private sector language servicecompanies when necessary to meet the needs of specific individualsthat could not be met through other means.

## IV. Developing the EEOC LEP Plan

As the foregoing background information indicates, theCommission is engaged in enforcement and outreach programs thatsupport our efforts to eradicate discrimination in the workplace.LEP community access to each of these programs is essential tofulfillment of our mission. We recognize the importance of reachingout to all under served communities, of which the LEP community isa part, and have made concerted outreach efforts to the various LEPcommunities served by our different field offices. We alsorecognize that we must do as much as possible, given our resourceconstraints, to ensure that the LEP community truly benefits fromour programs and activities. This LEP Plan, in compliance with theExecutive Order, sets forth the Commission's activities forproviding greater EEOC access to the LEP community.

In developing and revising the EEOC Plan, we have considered thefour factors that the Department of Justice recommended, in itsoriginal Executive Order LEP plan guidance and in AssistantAttorney General Ralph F. Boyd, Jr.'s November 2002 memorandum, forassessing both the needs of the LEP community that we serve and themeans that we have at our disposal for meeting those needs:

- the number or proportion of LEP persons in the eligibleservice area;
- the frequency with which LEP persons come into contact withthe program;
- the importance of the service provided by the program;and
- the resources available.

Factors 1 and 2 assess the extent of the need for services toLEP communities in particular areas and whether this need is beingmet. In LEP Plan Element 1, we describe how our 25 District Officesexamine the demographics of their service areas and assess whetherthere are any distinct under served populations. EEOC DistrictOffices also monitor the intake process to determine whether arepresentative cross-section of the community, such as members ofvarious ethnic and national origin groups, is utilizing EEOC'sservices.

Factor 2 focuses on frequency of LEP-person participation in ouroutreach programs and during the enforcement process. In our PlanElement 4, we describe various strategies that will expand ourenforcement and outreach efforts to members of the LEP communitiesand ensure that language assistance is provided during thedifferent stages of our process: intake, mediation, investigation,negotiated settlement, conciliation, and litigation.

Factor 3 examines the importance of the service provided by aprogram and requires an assessment of the possible impact of theservice on LEP individuals. EEOC's ability to provide service toLEP individuals or community may have a significant impact on thelives of the persons we serve. For an individual, the outcome mightinclude rectifying discriminatory actions such as a discharge,failure to obtain a job, or denial of employment benefits.Long-term outcomes, for an individual or group, may includealleviating extended unemployment or persistent discriminationbased on race or national origin.

Finally, factor 4 examines whether the program has the resourcesneeded to extend its services to the LEP community. We note thatthe resources available to EEOC may be the most importantconsideration in the development and implementation of our LEPplan. Our LEP Plan reflects both what we are able to do within ourresource limitations and what we would hope to do if we were toreceive adequate funds.

## V. The EEOC LEP Plan

### A. Element 1 - Identification of LEP Individuals WhoNeed Language Assistance

Annually, each of our 25 District Offices prepares a plan ofoperation that identifies the critical areas in which the officewill focus its operations and resources for the coming year. Duringthat process, staff review available demographic data to ascertainthe major industries as well as constituent groups that are racialor ethnic minorities within the geographic boundaries of theDistrict Office. In general, each District Office uses informationsources, such as U.S. census data and census projections, EEO-1information, State Departments of Labor, State Commissions onMinority Affairs, U.S. Department of Labor, Wage and Hour Division,and internal EEOC publications, such as *Job Patterns forMinorities and Women in the Private Sector*, to identifydifferent groups within the District. Most District Offices thatconduct outreach to groups that include LEP members have recognizedand identified language assistance needs in their operationplans.

Through the comparison of information such as demographic data,charge filing data, and feedback from stakeholder groups, theDistrict Offices attempt to determine if members of various ethnicgroups have been reached and are using EEOC enforcement services.If we believe that group members may be under served by our processbecause of cultural or language barriers, the District Offices thenapproach under served groups for special outreach attention.

**Example:** Thisyear, several headquarters offices worked together to provide fieldoffices with the most reliable and up-to-date demographicinformation. The Office of General Counsel's Research andAnalytical Services Staff provided special programming assistancewhich facilitated obtaining census data for the field offices thathave jurisdictional responsibility for a portion of a state. Thoseoffices needed demographic data for specific counties within theirstates, rather than the entire state or congressional districts.The EEOC's research librarian wrote detailed instructions for fieldoffices to use to obtain various types of census data. Staff in theOffice of Field Programs sent out census data by state andcongressional districts, along with copies of congressionaldistrict maps supplied by the Office of Communications andLegislative Affairs.

### B. Element 2 - Available Language Assistance

For some time, EEOC has recognized the need for greater oral andwritten communication with limited and non-English speaking personslocated within the geographic boundaries of our field offices. Wehave initiated changes that have resulted in enhanced communicationand sensitivity to LEP constituents. We further have taken steps toensure an appropriate response to telephone calls and visits fromLEP individuals; we have developed bilingual position descriptions,recruited bilingual applicants for new field positions, andencouraged celebrations of our cultural, racial, and ethnicdiversity in headquarters and our field offices.

A survey of District Offices indicated that every District has aneed for Spanish language assistance. Based on the survey and otherfeedback from HQ and various field offices, we also have identifiedVietnamese, Korean, Haitian-Creole, Chinese, Russian, and Arabic asthe other languages most frequently encountered on a nationwidebasis. The type and extent of language assistance required variesconsiderably from one field office to another and are dictated bygeographic location. For example, one Southwestern office hasrequests for language assistance in Spanish and Native Americanlanguages, whereas a Midwest office provides language assistance inSpanish and Arabic.

#### 1. *Oral Translations*

Over the past several years, different EEOC working groups haveaddressed the specific discrimination problems experienced byethnic communities. These working groups have identified developingand maintaining the language skills of staff as critical toproviding language assistance to persons with limited Englishproficiency. In particular, each District Office identified thelanguage needs within its jurisdiction and current bilingual staffresources to meet those needs. Whenever possible, the offices havefocused their hiring efforts to address their language skill needsthrough the use of vacancy announcements for bilingual staff,making selections under the Outstanding Scholar program, and bydistributing copies of the vacancy announcements to national originadvocacy groups.

Although almost no field vacancies have been filled for severalyears because of budgetary constraints, many offices filled fieldpositions in FY 1999 with bilingual applicants, including positionsthat do not have a bilingual position description. As of March2003, of approximately 2100 field staff, the agency has 386bilingual staff (18.4%) speaking the following languages:

    - Spanish (314);
    - Chinese (16), including Mandarin, Cantonese, Taiwanese, andTieu-Chau;
    - Tagalog (12);
    - French (11);
    - Korean (6);
    - Italian (8); and
    - Other languages and dialects (19): Bengali, Capampangan, Congo,Creole, German, Greek, Hebrew, Hindi, Ilocano, Japanese, Malayalam,Polish, Portugese, Punjabi, Swedish, Samoan, Tamil, Vietnamese, andYiddish.

Of the bilingual field staff, 15 are proficient in two languagesother than English and six are fluent in three other languages. (Acopy of the most current bilingual staffing report is attached asAppendix B.) Most offices currently have at least one bilingualstaff member. Whenever possible, offices rotate staff assignmentsto ensure a bilingual staff member is always available in vitalprogram areas, such as intake.

Each District Office also developed a listing of localCommunity-Based Organizations (CBO). The District lists have beenmerged into one nationwide CBO listing and distributed to eachDistrict Office. The listing includes the specific language skillsavailable among each CBO's staff and volunteers. (A copy of CBOresource listing is attached as Appendix C.) When our bilingualstaff resources are insufficient to meet language assistance needs,field offices have been encouraged to assist LEP persons to securevolunteer interpretive services from advocacy groups. (Governmentregulations prevent us from asking an organization to donate theirservices directly to us.)

Budgetary constraints prevent EEOC from hiring certifiedtranslators in most cases. In a very few instances, othergovernment agencies' bilingual employees have been used for oraltranslations. Some field offices have reached informal agreementswith other Federal agencies to assist each other withlanguage-based needs. Because of our resource constraints, only afew offices have used commercial interpretive services.(4) Because of the confidentiality of ourmediation process, and the "firewall" between our mediation andinvestigative processes, our offices may secure paid translationservices for mediation if a bilingual mediation staff person is notavailable to serve as an interpreter.

In order to provide additional language assistance and enhancedaccess to EEOC's services, each District Office has developed aplan for providing language assistance to persons with limitedEnglish proficiency and has designated a language assistanceofficer to execute the plan for the district and train staff onEEOC's responsibilities under the Executive Order. The plansinclude, among other things, the provision of emergency languageassistance for visitors to our offices and telephone callers, whodo not speak English. In addition, the plans describe how theoffices provide language assistance during outreach programs andthroughout each stage of the enforcement process.

#### 2. *Notification of the Availability of Free LanguageServices*

When a constituent indicates a need for language services, staffinforms him/her of the availability of bilingual staff and languageservices in that office. If a bilingual staff member can meet theneed, that person will conduct the intake interview or answer theconstituent's questions. Otherwise, the office will makearrangements for an interpreter from the office's list of languageassistance resources. Even in those limited instances whereresources are available for paid interpreters, the person receivingthe service is never charged a fee for language services providedby EEOC. Constituents also may use a family member, friend, orcommunity organization representative as a translator if theyrequest to do so. Brochures and other materials translated into theconstituent's language will be provided where available.

#### 3. *Written Translations*

We have selected languages for translation of EEOC documentsbased on the language needs of our constituents as identified byour field offices and HQ staff through ongoing dialogue withstakeholders in field office communities. As noted above, the EEOChas translated documents describing the laws that EEOC enforces inthe following languages: Spanish, Haitian/Creole, Vietnamese,Russian, Korean, Arabic, and Chinese. These and other translateddocuments are now available to the public through our PublicationsDistribution Center.(5) Thedocuments selected for translation are, for the most part, "vitaldocuments" in that they provide critical information about thestatutes EEOC enforces, charge filing requirements, and chargeprocessing information to persons in need of EEOC'sservices.(6) Because of our verylimited resources, we have been contracting for writtentranslation, layout, proofreading, and printing services as fundsbecome available.

During FY 2000, we collaborated with the Office of SpecialCounsel, U.S. Department of Justice (OSC) to distribute to ourfield staff translated materials pertaining to the Memorandum ofUnderstanding between EEOC and OSC. With the assistance of OSC, wedistributed Information Sheets in Spanish, Vietnamese, Korean, andChinese to our 50 field offices for use by charging parties.

Several of our field offices have developed their ownlocally-translated documents, and these materials have been sharedwith other field offices throughout the country. In otherinstances, field offices have developed and translated internalEEOC forms, principally into Spanish, such as intake questionnairesand intake letters, for use by limited or non-English speakingconstituents. Resource constraints have prevented us, however, fromproducing and distributing most locally-developed materials on abroader basis.

The Commission occasionally receives correspondence written in alanguage other than English. Field offices use bilingual staff, ifavailable, to contact the letter writer, by telephone if a numberis given in the letter or by written reply in the writer'slanguage. If no bilingual staff is available, other arrangementsare made, generally through assistance from a CBO. If the letter issent to headquarters, it will be forwarded to the appropriate fieldoffice for response.

**Example:** The mission of the Cleveland FederalExecutive Board LEP Partnership Group is to improve communication,education, cooperation and partnership within and between theGreater Cleveland area federal agencies and diverse ethniccommunities and the LEP populations, in the implementation ofExecutive Order 13166. An independent needs assessment, conductedby a Case Western Reserve University project team earlier thisfiscal year, concluded there was a need to educate both federalagencies and the public about the EO. To address this need thePartnership Group is creating a tri-fold pamphlet/brochure whichwill be printed and distributed to all local federal agencies, andto the public including ethnic media, ethnic organizations,colleges and universities (especially among ESL students) andsocial service organizations which may serve communities having LEPpopulations. The same pamphlet will be distributed to both federalagencies and the public, using a different introduction letterdepending on the target audience. The brochure will include thepartnership group agencies and websites.

### C. Element 3 - Staff Training and Plan Implementation

#### 1. *Written Policies and Procedures*

Over the years, EEOC has issued guidance and instructions forproviding language assistance throughout our outreach, intake, andcharge processing procedures. These instructions are referenced inthe following policy manuals and written guidance documents:

- EEOC's  Compliance Manual , which is a guide forfield staff developed by the Office of Field Programs, addressesthe provision of language services in the following sections:Section 2, Intake of Charges and Complaints; Section 14, FlexibleInvestigation Procedures; and Section 23, Interviews. **Section 2.4 (k), Assistance of Interpreters**,states in part, "Field offices should make every effort toaccommodate parties needing the assistance of an interpreter. . . .Each field office should identify those sizeable populations withinits jurisdiction which speak English as a second language. When thefield office does not have the staff available to translate thefirst language, make arrangements when necessary, by enlisting theservices of volunteer Federal workers or by contacting fraternalorganizations, social clubs, or others."  **Section14.10 (a) (3), Conducting a Fact FindingConference - Preliminaries**, states in part, "Review theconference process, covering as needed: . . . (3) An interpreterfor a party (sign language or a non-English language) willinterpret what is being said by each person at the conference."  **Section 23.6 (b), Privacy of the Interview**,states in part, "An interpreter may be used if safeguards are takento ensure the competence of the interpreter and protect thewitness' privacy. Use EEOC employees as interpreters wheneverpossible." 
- Instructional memoranda , prepared by EEOC'sOffice of Legal Counsel, were distributed to the field on March 10,1999, and August 16, 2000. These memoranda describe pertinentFederal regulations that limit the use of volunteers astranslators.
- Our Alternative Dispute Resolution Program uses a form,contained in the  Mediation Handbook , which elicitsinformation from participants on the need for an interpreter duringthe mediation process.
- Each office was provided a copy of  Executive Order13166  and the 2000  Plan of the Equal EmploymentOpportunity Commission for Improving Access to Services for Personswith Limited English Proficiency  and received training inthe Plan's requirements.

#### 2. *Staff Training on Language Assistance*

The written policies and procedures listed above have beenwidely distributed to the field staff. Each professional staffmember (intake officers, investigators, mediators, attorneys, etc.)in the field has been given a copy of the Compliance Manual. Fieldoffices conduct training as needed on various sections of theCompliance Manual. The Office of Legal Counsel guidance memorandaand other instructional materials were issued to each DistrictDirector, who is responsible for distribution to staff in eachlocal and area office within the District. In some offices,bilingual EEOC staff has provided informal training to office staffto enable them to conduct very basic bilingual communications foroutreach and intake. However, our limited budgets have precludedthe availability of training funds to provide EEOC staff withbilingual skills.

Each District Office's designated language assistance officerhas engaged in staff training on the responsibilities of the agencyunder Executive Order 13166 and how the district will assistpersons with limited English proficiency. The training includesproviding emergency language assistance to LEP telephone callersand visitors, as well as providing language assistance throughoutthe outreach and enforcement processes to LEP charging parties,witnesses and respondents.

#### 3. *Cultural Competence*

Staffs from several field offices have participated ininformation-sharing with diverse cultural groups to understandbetter the cultural customs or traits that might impact anemployment situation or decision or could cause misunderstandingsbetween employer/employee or charging party/EEOC staff person. Inaddition, the District Offices' designated language assistanceofficers continue to provide cultural competency training to officestaff.

**Example:** All of our district offices providedstaff with training in the Executive Order and the district'simplementation plan in FY 2001. Offices indicated that the trainingwill be repeated in FY 2003, and several offices have noted thatthe training will subsequently become a part of new employeeorientation and training once funds for hiring becomeavailable.

### D. Element 4 - Outreach and Notice to LEP Persons

In recent years, we have intensified our outreach efforts tolocate and educate under served populations that may not be awareof EEOC's services or hesitate to contact us because of language orcultural barriers. Agency goals include expanding outreach effortsto under served communities and increasing the availability andaccess to EEOC's publications, including through translations ofinformational materials.

EEOC's National Origin Task Force identified categories oforganizations that work with national origin constituencies:advocacy organizations; faith-based communities; migrant worker andother employment related groups; and other federal agencies. Theeight Task Force offices strengthened their alliances withorganizations in each of these categories to focus more effectivelytheir outreach efforts to national origin and LEP constituents.

Each District Office has identified ethnic and racialcommunities within its jurisdiction and has developed a listing ofCBOs that work with members of those communities. Staff from ourfield offices has reached out and established working relationshipswith members of the CBOs in their geographic jurisdictions. Theyconduct a variety of outreach activities in conjunction with theCBOs that are designed to educate, share information, and developworking relationships. These contacts are frequent and regular, andmany are conducted by our bilingual staff members.

Field offices continue to participate in roundtable discussions,distribute literature at festivals and job fairs, and use CBOs'office space for EEOC intake activities. Several years ago, one ofour West Coast offices produced a series of public serviceannouncements in English, Tagalog, Korean, and Spanish, which wererun extensively in that district. The Houston office, in acooperative venture with the Department of Labor and severalforeign consulates, prepared video materials in Spanish that playin foreign consulate offices and in Catholic church facilities thatservice the Spanish-language community. This venture also includedplacement contact information in Spanish on highway billboards forpersons seeking assistance with workplace disputes. The officecurrently is preparing a new video that will present EEO-relatedinformation through use of "real-life" scenarios acted out bymembers of the Houston office staff and an Asian-American advocacygroup and will include separate Chinese and Vietnamese voice-overnarration. Other offices are replicating these efforts, withinavailable resources.

In several districts, bilingual staff members have appeared onSpanish language radio and television shows to discuss the work ofEEOC and answer questions from the community. In addition, someoffices have established EEOC advisory councils composed of CBOrepresentatives, which meet on a regular basis, provide input toEEOC, and act as a conduit to LEP persons. Some advisory councilsalso include employer representatives as well, in order to promoteunderstanding of LEP/national origin concerns and needs in thebusiness community. Many of our offices produce stakeholdernewsletters that highlight legal developments and EEOC activitywithin the District.

The EEOC web site is designed to be fully accessible to personsusing any web browser and any adaptive equipment. The site containsinformation for employers on their legal responsibilities and forconstituents seeking assistance with regard to private sector andpublic sector employment discrimination problems. The web site hasa mechanism for feedback from site visitors, although it is notpossible at present to file a charge through the web site. As notedabove, we are hopeful of adding translated materials to the website in both PDF and accessible formats as they become ready forpublication on the web.

**Example:** In 1999, the Atlanta District Officeformed the Hispanic Outreach Team (HOT), which formed partnershipsand working relationships with community organizations, churchesand business organizations in Georgia to reach members of theLatino Community. Within the first year of operation, the officesaw an increase of over 100% in the number of charges filed on thebasis of National Origin/Hispanic. The office also established atelephone extension that has a Spanish greeting and providesinformation about EEOC and the Department of Labor in Spanish.Spanish-speaking investigators return phone calls in response tothe messages left. All bilingual staff have recorded outgoing phonemessages in both languages they speak.

### E. Element 5 - Monitoring the Plan

Each field office and EEOC HQ monitor outreach and otherenforcement activities designed to reach under served communitiesin which LEP persons will be found. Field offices provide quarterlyreports to headquarters, which describe their progress on meetingtheir outreach and enforcement objectives. This information isreviewed and evaluated by the Office of Field Programs in EEOC HQ.We continually examine the monitoring systems used to ensure thatwe receive the information necessary to assess the outreach portionof our LEP plan and determine if persons with limited Englishproficiency are accessing our enforcement process.

For several years, EEOC field offices have distributed CustomerService brochures to persons utilizing our services, both chargingparties and respondents. The brochures are returned to HQ forreview by the Office of Research, Information and Planning (ORIP).ORIP staff then forwards the written comments to the appropriatefield office and HQ staff in Field Management Programs (FMP). ORIPalso compiles a biannual list of comments received from everydistrict and distributes the report to FMP staff. This reportincludes comments regarding the provision of language assistanceservices in the field.

Other written comments and complaints received in HQ regardingthe provision of language assistance services are reviewed by OFPstaff and referred to the appropriate field office. Field officedirectors are responsible for assessing complaints, resolving them,if possible, and responding to the complaining party. If thecomplaint cannot be resolved satisfactorily by the office initiallyreceiving the complaint, it will be forwarded to a higher level,including headquarters. Oral complaints received by telephone in HQare handled in the same manner as written complaints, i.e.,referred to the field office director for resolution. Oralcomplaints received directly by a field office are resolved by theoffice Director, if a satisfactory resolution is not reached at alower level.

**Example:** All offices have a monitoringcomponent to their Language Assistance Plans. For example, the NewOrleans office will review its plan annually and update, whennecessary, to ensure that all resources are current and to identifyany shifts in population/labor force. In the San Francisco DistrictOffice, the Asian and Latino Community Outreach Task Forces providefeedback on a bimonthly basis.

## Conclusion

The goal of the Commission is to end workplace discrimination.Fully achieving this goal depends on our ability to provide accessto our enforcement process and technical assistance to persons withlimited English proficiency. This is true today more than everbefore, as we have recently witnessed tremendous growth in thenumber of new immigrants in the American workplace. The actionsthat the EEOC has already undertaken, from translating importantdocuments to providing interpreters when necessary to engaging inoutreach to under served communities, highlight the agency'scommitment to providing its services to persons with limitedEnglish proficiency. The five elements of the EEOC Plan underscorethe importance to the Commission of evaluating and improving uponour efforts so that we can continue to honor this commitment.

----

1. The NEP, issued in February 1996,identified a three-pronged approach to elimination ofdiscrimination: prevention through outreach and education;voluntary resolution of disputes; and strong and fair enforcementwhen voluntary resolution fails. The EEOC's *Strategic Plan forFiscal Years 2000 - 2005* also emphasizes, among other things,comprehensive enforcement and outreach and technical assistance.Chair Dominguez's Five-Point Plan builds on these and other pastefforts to achieve nondiscrimination through outreach, mediationand conciliation, and vigorous enforcement where necessary.

2. One document, "Employment Rights ofImmigrants under Federal Anti-Discrimination Laws," also isavailable in French, Hindi, and Urdu; and another document,"Employment Discrimination Based on Religion, Ethnicity, or Countryof Origin," is available in Farsi, Hindi, Punjabi, and Urdu.

3. Between September 11, 2001 and March 11,2003, 765 charges were filed under Title VII of the Civil RightsAct of 1964, as amended, 42 U.S.C. § 2000e, coded "ProcessType Z." This code was created to track charges filed by personswho are, or were perceived to be, Muslim, Arab, Middle Eastern, orSouth Asian, or filed by persons alleging retaliation relating tothe events of September 11. Over 450 charges alleged discharge asthe adverse employer, and over 300 alleged harassment. As of March11, 2003, 80 individuals aggrieved by September 11- relatedemployment discrimination received close to $1.2 million inmonetary benefits through the EEOC's efforts.

4. The EEOC is planning a "national contactcenter," accessible through a toll-free telephone number and email,which would handle questions from the public and receive inquiriesrelating to workplace discrimination. The center will have accessto a language line or other foreign language assistance vendor, inorder to ensure access by persons with limited or no Englishlanguage ability. The Commission plans to have the centeroperational during FY 2004.

5.*See*Appendix A for a list oftranslated documents.

6. Department of Justice guidance describes adocument as "vital if it contains information that is critical foraccessing the federal services and/or benefits . . . ."

----

*This page was last modified on April 30, 2002.*

Return to Home Page