Language Access: Keeping 
Systems Accountable 

During Emergencies 

Leo Martinez 

Project M anager 

National resource center for reaching victims logo - helping those who help others
Casa de Esperanza © 2017 

National Latina Network - Casa de esperanza 

Casa de Esperanza 

Started from a small group of 
Latina activists in St. Paul, 
Minnesota in 1982. Today Casa 
de Esperanza houses the 
Culturally Specific Institute on 
Domestic Violence in Latin@ 
Communities, the National 
Latin@ Network for Healthy 

Families & Communities (NLN) 

A Black woman, portrait, with the words, "Build Community, advocate for social change" in English and Spanish. 

Casa de Esperanza Mission 

• Mission—Mobilize Latin@ 
communities to end domestic 
violence 
• Core values: 
• Latina leadership 
• Entrepreneurship 
• Organizational excellence 
• Living free of violence 
• Community-driven 
solutions 






• We recognize that it is the 
community that will end 
domestic violence, not any 
system or organization. 
• We emphasize developing 
social capital (i.e. trust, 
reciprocity, information and 
cooperation) because we 
believe it decreases 
domestic violence. 



Objectives 

Articulate 

• Articulate why 
language access 
matters, and how 
it is connected to 
victim equity, civil 
rights compliance, 
and trauma-

informed services 

Discuss 

• Discuss the 
importance of 
language access 
for carrying out 
and fulfilling your 
organizational 
missions 

Understand 

• Understand the 
strategies to 
challenge systems 
when they are not 
providing 
language access to 
survivor 


What is Language Access? 

Language access consists of 
ensuring that persons who: 

• have limited or no English 
language proficiency, or 
• are Deaf or Hard of Hearing 
• …are able to access information, 
programs and services at a level 
equal to English-proficient, hearing 
individuals 


person using American Sign Language

Definitions 

Limited English Proficiency 

(LEP) – the limited ability of 
individuals who do not speak 

English as their primary 
language to: 

• read, 
• speak, 
• write, or 
• understand English 


word cloud of the word language in multiple languages

Definitions 

Deaf – A capital Deaf denotes a cultural distinction 
that defines a group of people who are deaf and 
identify themselves as members of a linguistic and 
cultural group. 

This Deaf identity is akin to 
other ethnic groups, such 
as Hispanic, African 
American, or Pacific Islander. 

A crowd of protesters using American Sign Language

Other Deaf and Hard of Hearing 
Considerations 

•‘deaf’ might refer to a physical condition/disability for some 
•Deaf and hard of hearing often understood as a disability 
issue but is also a language access issue. 
•Who is Hard of Hearing: 
•Early hearing loss 
•Progressive hearing loss 
•Late deafened 
•Age related 
•HLAA – great resource -https://www.hearingloss.org/ 
Casa de Esperanza © 2017 



The Cost of Not ProvidingLanguage Access 

•Legal proceedings are delayed. 
•Testimonies are misunderstood or misrepresented. 
•Survivors do not receive key information (court 
dates/times, rights & responsibilities, jail release 
notifications, etc.) 
•Survivors become less involved in court/civil 
proceedings. 
•Relief/remedies are often not explored. 
Casa de Esperanza © 2017 



The Cost of Not HavingLanguage Access 

•Unsafe custody/visitation determinations. 
•Charges against English speaking perpetrators are 
dropped. 
•Survivors wrongly charged or convicted of domestic 
violence. 
•Safety protocols not followed. 
•Advocates or family members serve as interpreters. 
Casa de Esperanza © 2017 



The Cost of Not HavingLanguage Access 

Deisy Garcia and her two small daughters
Casa de Esperanza © 2017 11 

“Is this a quandary? 

Why do we have to provide 
langWhuagey adcoce wsse toh asuvre vivtoor soprf corividemes? language access


Equal Language Access (3) 

1. It’s the right thing to do. 

• Organizations dedicated to supporting individuals 
who are victims of crime work toward ensuring 
safety, healing and justice for those harmed by 
violence. 
• Investing in being proactive can ensure that all 
individuals with limited English proficiency or 
those that are Deaf/Hard of hearing can have 
equal, meaningful, and effective access to critical 
services. 



Equal Language Access (2) 

2. Language access improves services and enhances 
outcomes. 

• Research shows that domestic violence survivors with 
limited English proficiency were more likely to seek out 
services if those services were provided in their language. 
• Research in the domestic violence and sexual assault 
fields shows that survivors appreciate and feel more 
supported when language access services are provided. 



Equal Language Access 

1. It’s a legal requirement: 
Any organization that receives federal financial assistance— 
either directly or indirectly—is required to comply with Title VI 
of the Civil Right Act of 1964 (Title VI) and the Omnibus Crime 
Control and Safe Streets Act of 1968 (Safe Streets Act) to 
provide meaningful language access. 
All places of public accommodation and government entities 
must comply with the Americans with Disabilities Act (ADA) 
and provide effective communication. 
Be Proactive and Not Reactive; provide equal access 


Compliance 

What do we mean by 
com•Whpliaatnc de?o we mea


Language of Title VI 

“No person in the United States shall, 
on the ground of race, color, or national origin, 
be…subjected to discrimination under 
any program or activity receiving 
Federal financial assistance.” 

Robert F. Kennedy speaks to demonstrators outside the Department of Justice building in Washington, D.C., June 14, 1963.
Casa de Esperanza © 2017 17 

Requirements for Recipients of 
Federal Funds 



If an organization receives any 
federal funds, then all aspects 
of that organization are obligated 
to take reasonable steps to 
ensure that individuals with LEP 
have meaningful access to the 
benefits and services provided 
by that organization. 

A note that says Priority with a push pin on a board 

Americans with Disabilities Act, 
1990 

No qualified individual with a disability shall, by 
reason of such disability, be excluded from 
participation in or be denied the benefits of the 
services, programs, or activities of a public entity, 
or be subjected to discrimination by any such 
entity. 

Americans With Disabilities Act of 1990. Public Law 101


336. 108th Congress, 2nd session (July 26, 1990). 


Requirements for Places of Public 
Accommodation 

Regardless of funding source, the 
ADA requires: 

Organizations that are places of 
public accommodation ensure 
that communication with people 
who are Deaf or hard of hearing is 
equally effective as 
communication with people 
without disabilities 

Dollar sign with a no symbol over the top

Effective Communication 

ADA requires that: 

Title II and III entities (state and local governments, 
businesses and nonprofit organizations that serve the 
public) communicate effectively with people who have 
communication disabilities, such as being Deaf and 
Deaf/Blind. 

Goal = Ensure that communication with people with these 
disabilities is equally effective as communication with 
people without disabilities. 


Language Access Standards 

Meaningful access 

Effective communication 


Language Access 
during COVID-
19/Emergencies 
What do we do when an emergency strikes? 


Language Access Gaps 

Language Access Gaps: Obligations, lack of planning, and lack of monitoring

Language Access Gaps: Obligations 

Obligations
• What can we do to better 
understand our obligations? 

• Learn more about legal 
obligations 
• Learn more about ethical 
obligations 
• Educate others 
• Do Systems Advocacy 



Language Access Gaps: Lack of 
Planning 

Lack of Planning
• What can we do? 

• Learn how to put together 
a language access plan 
• Know your demographics 
• Create organization wide 
language access protocols 
• Commit to language 
access provision – Living 
document 



Language Access Gaps: Lack of 
Monitoring 

Lack of monitoring
• What can we do? 

• Monitoring plan 
• Changes in 
demographics 
• Big events – emergency 
preparedness 
• Anticipate needs 



Language Access 
Systems Advocacy 
Casa de Esperanza © 2017 

Language Access Systems 
Advocacy: How do we 
change the bigger picture? 

Map of the U.S. with the words, "Language Access"
3 interpreters working at a conference.

What is Systems Advocacy? 

Systems Advocacy is an effort to change 
policies, rules or laws which determine how 
services are provided 

Chalkboard with the words, "change the system" chalked on it
Casa de Esperanza © 2017 29 

Language Access Systems Advocacy 
(1 of 6) 

Who is complying with current laws and regulations 
(the floor) 

How can we ensure that those who: 

• have limited or no English language proficiency, or 
• are Deaf or Hard of Hearing 
…are able to access information, programs and services 
at a level equal to English-proficient, hearing individuals 


(the ceiling) 


Language Access Systems Advocacy 
(2 of 6) 

How does it happen? 

• Individual vs system 
• Long term nature of systems advocacy 
• Identifying decision makers 
• Gaining access 



• The diplomatic route 
• The coalition building route 


• Find allies 


Language Access Systems Advocacy 
(3 of 6) 

How does it happen? 

•Identifying the issue 
•Not using interpreters? 
•No language access plan? 
•Know the laws and regulations 
•Document, document, document! 
•Be kind but assertive 
•Educate not only about legal obligations, but also about 
IMPACT. 
Casa de Esperanza © 2017 



Impact of Language Access 

Share a story from your 
program/organization 
that highlights how 
important language 
access is for people 
accessing the c ourt 
system or law 
enforcement assistance. 

• This could be a challenge story 
(what happens when there was no 
language access). 
• This could also be a success story 
(what happens when adequate 
language access is provided). 
• Keep in mind confidentiality when 
sharing participant stories. 


Language acquisition takes time 

“[I am a] citizen in this country 
now, but still have problems with 
the language and not 
understanding the legal words in 
English. I feel now that I 
understand the law better, but 
need help with the words…” 

A Latina woman in a classroom with an open book, smiling.
Realidades Latinas: A National Survey on the Impact of Immigration and Language 
Access on Latina Survivors. The National Latin@ Network for Healthy Families and 
Communities and National Domestic Violence Hotline February 2014 


Language Access Systems Advocacy 
(4 of 6) 

What to do when diplomatic routes do not work: 

•Filing an OCR (Office of Civil Rights) Violation 
•Under Health and Human Services 
•Under US Department of Education 
•Under US Department of Justice 
•Filing an ADA Complaint 
•Under US Department of Justice 
Casa de Esperanza © 2017 



Language Access Systems Advocacy 
(5 of 6) 

• File a lawsuit 
• Example: Yanahit Padilla Torres, et al v. 
The City of New York, et al. 
• Check Blog Talk “Language Access 
Accountability: Experiences from a New 
York Community” -Cecilia Gaston and 
Paula Gomez-Stordy. 




Language Access Systems Advocacy 
(6 of 6) 

Considerations: 

•Survivor/s autonomy 
•Confidentiality issues 
•Repercussions and unintended consequences 
•Transparency 
•“It’s not about you” 
Casa de Esperanza © 2017 



Advocacy Tips 

Are you presently: 

•Providing know your rights information 
•Clarifying myths and misinformation 
•Conducting or attending trainings to expand your 
knowledge 
•Accompanying survivors/participants to services 
•Working with community partners and other systems to 
ensure a coordinated community response to support 
survivors with LEP 
Casa de Esperanza © 2017 



Resources 

• National Resource Center for Reaching Victims 
(http://reachingvictims.org/) 
• Casa de Esperanza – National Latin@ Network 
(https://www.nationallatinonetwork.org/) 
• Asian Pacific Institute on Gender-Based Violence 
(https://www.api-gbv.org/culturally-specificadvocacy/
language-access/) 



Contact Information 

Leo Martinez 
Project Manager 
Email: lmartinez@casadeesperanza.org\ 

Web page: 
www.casadeesperanza.org 
www.nationallatinonetwork.org 


Thank you! 

a Thank you note with a pen

Grant Information 

This project is supported by the Vera Institute of 
Justice and was produced with funding from grant 
award #2016-XVGX-K015, awarded by the Office for 
Victims of Crime, Office of Justice Programs, U.S. 
Department of Justice. The opinions, findings, and 
conclusions or recommendations expressed in this 
virtual training are those of the contributors and do 
not necessarily represent the official position or 

policies of the U.S. Department of Justice.