REPORT SUMMARY
Language Access Mandates and Local Ordinance Overview
Language justice in the United States is advanced through many intersecting federal , state , and local laws and policies . The Department of Justice has engaged in efforts over the past couple of years to remind agencies of their obligations to provide meaningful access to information and services for Limited English Proficient ( LEP ) individuals and build upon the federal foundations of language access policy to support agencies in improving compliance .
Federal Language Access Updates
The primary sources of federal language access protections are Title VI of the Civil Rights Act of 1964 and Executive Order 13166 . Title VI applies to federal agencies and agencies that receive federal funding ; it prohibits discrimination in the protected categories of race , color , and national origin . In the landmark civil rights case Lau v . Nichols , the Supreme Court held in 1974 that “ Title VI prohibits conduct that has a disproportionate effect on
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LEP persons because such conduct constitutes national-origin discrimination .” Signed by President Clinton in 2000 , Executive Order 13166 “ requires Federal agencies to examine the services they provide , identify any need for services to those with limited English proficiency ( LEP ), and develop and implement a system to provide those services so LEP
2 persons can have meaningful access to them .” Over the years , the Department of Justice has issued a series of guidance memoranda to help federal agencies understand their responsibilities under Title VI and Executive Order 13166 .
The federal government recently reached the one-year anniversary of the publication of a landmark Department of Justice memorandum reaffirming federal commitment to language access . On November 21 , 2022 , Attorney General Merrick Garland issued a memo urging federal agencies to strengthen their engagement with LEP individuals by reviewing
3 their language access practices and policies . Building on the requirements of Executive
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Policy Guidance to Federal Funding Recipients , “ Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons ,” issued on June 18 , 2002 by the Department of Justice .
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Civil Rights Division , Department of Justice , “ Overview of Executive Order 13166 .”
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Memorandum for Heads of Federal Agencies , Heads of Civil Rights Offices , and General Counsels , “ Strengthening the Federal Government ’ s Commitment to Language Access ,” issued on November 21 , 2022 by the Office of the Attorney General .
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