Supp. 2d 1073, 1079 (▇. ▇▇▇▇. 2012) (citing ▇▇▇, 414 U.S. at 568); Faith Action for Cmty. Equity v. Hawaii, No. 13-00450 SOM, 2014 WL 1691622 at *14 (D. Haw. Apr. 28, 2014) (Title VI intent claim was properly alleged by LEP plaintiffs when it was based on the “foreseeable disparate impact of the English-only policy,” a pretextual justification for the policy, and potentially derogatory comments by a state agency). Executive Order 13166 required each federal agency that extends financial assistance to issue guidance explaining the obligations of its recipients to ensure meaningful access by LEP individuals to programs and activities receiving federal assistance. See 65 Fed. Reg. 50,121 (Aug. 16, 2000). The DOL Guidance explains that its Title VI regulations “require all recipients of federal financial assistance from DOL to provide meaningful access to LEP persons.”12 In determining a recipient’s compliance with applicable nondiscrimination laws, DOL and DOJ must “ensure that the recipient’s policies and procedures overcome barriers resulting from language differences that would deny LEP persons meaningful opportunities to participate in and access programs, services and benefits.”13 While meaningful access is always required, the level of language assistance services a recipient must provide is a fact-specific inquiry that includes consideration of the number and frequency of encounters with LEP individuals in the recipient’s service area, the importance and impact of the program or activity on the LEP individual, and the resources appropriate to the circumstances.14
Appears in 2 contracts