Title VI of the U.S. Civil Rights Act of 1964 states that
No person in the United States shall, on ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
Any service provider that receives Medicare, Medicaid, federal grants or other federal funding are subject to Title VI. The U.S. Department of Health and Human Services Office for Civil Rights maintains that a lack of interpreters impedes linguistic minorities from gaining equal acces to health care and other services under Title VI of the Civil Rights Act of 1964. The Office of Civil Rights has stated that
A recipient of federal financial assistance that is unable to communicate with a substantial LEP [limited English proficient] population in its service area would effectively subject that population to discrimination based on national origin. To avoid such discrimination against LEP persons, a recipient must assume the responsibility for providing bilingual staff or interpreters.
The Office of Civil Rights has also addressed the need for qualified interpeters:
Using an interpreter whose skill level is unknown to the recipient of federal funds or who is unqualified (often the case with family members or friends of the limited English proficient person), is usually acceptable only in situations where a high degree of accuracy, objectivity, or privacy is not essential.
Interpretation is considered an "essential" rather than an "additional" service, and therefore must be provided without charge to the client. The courts and regional branches of the Office of Civil Rights have settled more than one hundred such complaints, particularly against health care institutions, by requiring that interpreter services be provided. |