July 7, 2023 Dear John, For decades, the right to language access for individuals using federally funded services and programs has been enshrined under Title VI of the Civil Rights Act of 1964. But the legal interpretation of this right, most notably a 2001 Supreme Court decision, has limited the ability for individuals with limited proficiency in English and their advocates to litigate over access to and provision of information and services in languages other than English. A new Practitioner’s Corner examines how the state of California has developed and leveraged its own legal framework to fortify a state-level private right of action for language access requirements. Section 11135 of the state’s code, together with other regulations and policies, have expanded the protected categories under Title VI and state that failure to provide appropriate language services amounts to discrimination—paving the way for private legal action against state agencies and programs that do not meet this crucial threshold. “Section 11135 has been a powerful tool in advocacy efforts, resulting in positive change and needed enhancements in areas such as state courts, government benefits issuance and housing,” writes Joann Lee. She is Special Counsel on Language Justice with the Legal Aid Foundation of Los Angeles, a non-profit law firm that provides legal services to more than 100,000 people living in poverty. By examining the intricacies of existing federal protections and California’s expanded legal framework, Lee explores how state and local anti-discrimination laws can offer pathways for individuals with limited English proficiency to ensure meaningful language access in essential government services. She concludes by considering how California’s laws can offer a blueprint for other states looking to develop similar legal recourses. Read the Practitioner’s Corner here: www.migrationpolicy.org/programs/language-access-state-civil-rights-laws. And for all of MPI’s language access work, visit: www.migrationpolicy.org/programs/language-access-translation-and-interpretation-policies-and-practices. Best regards, |
|
| The Migration Policy Institute is an independent, non-partisan, non-profit think tank in Washington, D.C. dedicated to analysis of the movement of people worldwide. MPI provides analysis, development and evaluation of migration and refugee policies at the local, national and international levels. For more on MPI, please visit www.migrationpolicy.org. |
| |
|
|
