Language Access in Digital Portals and Data Collection Systems

Language Access in Digital Portals and

Data Collection Systems

Improving Access for People with Limited English Proficiency (LEP)

through Effective Digital Portals and Data Collection Systems

Image source: https://data.gov

CIVIL RIGHTS DIVISION

UNITED STATES DEPARTMENT OF JUSTICE*

August 2023

*This document was developed in collaboration with members of an LEP Subcommittee

of the interagency EO 12250 Working Group.

This technical assistance document is designed to provide information and resources to the public in order to

improve access for individuals with limited English proficiency and help advance efforts to comply with existing

requirements under Title VI of the Civil Rights Act of 1964 and its implementing regulations. This document does

not have the force and effect of law, bind the public, or impose new legal requirements.

Language Access in Portals and Data Collection 1

Improving Access for People with Limited English Proficiency (LEP)

through Effective Digital Portals and Data Collection Systems

Federal, state, and local governments; educational institutions; healthcare, housing,

transportation providers, emergency service agencies, and all other recipients of federal

financial assistance (entities) are required to take reasonable steps to ensure meaningful

access to programs and activities for people with limited English proficiency (LEP).

This technical assistance document explains how collecting and monitoring language data can

enhance an entity’s efforts to ensure meaningful access. It provides effective strategies to

capture language data on public-facing websites and digital portals and methods for recording,

tracking, and analyzing language data to help determine whether an entity is meeting the

meaningful access mandate.

A. Why Collect Language Data?

Collecting, recording, and tracking language data (e.g., language spoken or written,

communication assistance needs, and the services provided) is critically important to ensuring

continuity and meaningful access. Doing so enhances service delivery, quality of care, safety,

and community outreach efforts.

Among other reasons, obtaining language data helps entities:

• Determine resource availability, resources utilized, and future cost;

• Identify language access barriers and take steps to eliminate disparities;

• Determine language resource needs, including hiring multilingual staff;

• Identify gaps in services and underserved or emerging populations;

• Impact the procurement process for language assistance services (interpretation and

translation services);

• Identify the languages needed for digital content and document translation;

• Ensure the consistent delivery of language assistance services throughout a customer’s

experience and reduce service delivery errors;

• Monitor and assess the effectiveness of language assistance measures and update

language access policies, implementation plans, and procedures.

Under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. (Title VI) and its implementing

regulations, recipients of Federal financial assistance must take reasonable steps to ensure meaningful

access to their programs and activities by persons with limited English proficiency. See 28 CFR

42.104(b)(2). Executive Order 13166, reprinted at 65 FR 50121 (August 16, 2000), directs each Federal

agency that extends assistance subject to the requirements of Title VI to publish guidance for its

respective recipients clarifying that obligation. Executive Order 13166 further directs that all such

guidance documents be consistent with the compliance standards and framework detailed in DOJ Policy

Guidance entitled “Enforcement of Title VI of the Civil Rights Act of 1964—National Origin Discrimination

Against Persons with Limited English Proficiency.” See 65 FR 50123 (August 16, 2000).

See U.S. Department of Justice, Civil Rights Division, Language Access Assessment and Planning Tool

for Federally Conducted and Federally Assisted Programs (PDF), May 2011.

Language Access in Portals and Data Collection 2

Additionally, federal agencies may require recipients of federal financial assistance to collect

language data based on federal nondiscrimination laws or regulations.

B. Tips for Collecting Language Data from the Public

Increasingly, the public uses entity digital portals (e.g., online application, registration, and

certification systems) to apply for and access benefits and services and to provide or exchange

information. The requirement for recipients of federal financial assistance to take reasonable

steps to provide meaningful access means it is critical to consider how individuals with LEP will

successfully communicate in these digital spaces. Entities are encouraged to have data entry

fields in digital portals where visitors can easily identify their language needs, spoken and

written, and request language assistance services from that entity. The most effective

placement of these language data fields is at the beginning of a digital portal where it requires a

name or contact information.

Collecting Data Example: State of Georgia, Gateway Web Application

Useful language data fields for the public to complete in digital portals can include the following:

 In which language do you communicate? (For example, the U.S. Web Design System

adds a drop-down box with 20 of the languages frequently encountered in the entity’s

service area and lists in descending order the most encountered language first, followed

by a fillable field for “other languages.”

For such drop-down boxes, each language

listed should be written in the appropriate non-English text.).

The Georgia Department of Human

Services approved the use of this image.

Additional types of auxiliary aids or services necessary to communicate with people with LEP who have

communication disabilities (hearing, visual and speech disabilities) include sign language interpreters,

oral interpreters, cued speech interpreters, tactile interpreters, Computer Assisted real-time Transcription

(CART) services, qualified readers, audio recordings, Braille materials and displays, large print materials,

and accessible electronic and information technology. Entities are encouraged to list these auxiliary aids

or services as well.

Language Access in Portals and Data Collection 3

 Do you need an interpreter to speak with us? (yes/no)

 Do you have difficulty reading and writing in English? (yes/no)

 Do you need digital or print information in your language? (yes/no)

Not all people with LEP have regular access to the internet, a computer, or a mobile device or

are literate in their spoken language. Some people with LEP may also have a disability that

interferes with their access to or use of a website or digital portal. Entities are encouraged to

provide alternative methods for collecting data from individuals with LEP or disabilities.

C. Language Data in Management Information Systems

By adding language data fields in case management, certification, and other types of

management information systems (MIS), entities can obtain the information they need to assess

whether they are providing meaningful access. Making language data fields mandatory for all

personnel can ensure the consistent collection of this information. Through MIS, entities can

track when language assistance services were needed, for which languages, and the language

assistance services provided in each instance to ensure that personnel employ sufficient and

timely resources to assist each person with LEP. This MIS data can enhance an entity’s ability

to evaluate the effectiveness of its language access policy, plan, and procedure and document

compliance.

MIS systems could, for example. have personnel complete language data fields that include:

 Did personnel offer the person with LEP free language assistance services? (yes/no)

 Did the person with LEP accept the offer of free language assistance services? (yes/no)

 What type of language assistance service was provided (select one or more)?

Incorporate a drop-down box, possibly with the following options:

 Qualified Bilingual Worker

 Qualified Staff Interpreter

 Qualified Contract Interpreter

 Remote Interpreter Service (Telephone or Video)

 Qualified Community Partner

 Informal Interpreter, Family or Friend (not a child)

An interpreter is someone who demonstrates proficiency in and ability to communicate information

accurately in both English and the target language and identifies and employs the appropriate mode of

interpreting, as well as understands and adheres to their role as interpreters. Competency to provide

interpretation services requires more than self-identification as bilingual. It is important that an interpreter

is competent to provide interpretation services at a level of fluency, comprehension, impartiality, and

confidentiality appropriate to the specific nature, type, and purpose of the information at issue. See DOJ

Policy Guidance, “Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition

Against National Origin Discrimination Affecting Limited English Proficient Persons.” 67 FR 41455, 41461-

63, (June 18, 2002).

A minor child should not be utilized as an interpreter to facilitate communication except as a temporary

measure while finding a qualified interpreter in an emergency or exigent situation involving an imminent

threat to the safety or welfare of an individual or the public and the qualified interpreter that arrives

confirms or supplements the communications with the minor child. Id. at 67 FR 41455, 41467-68.

Language Access in Portals and Data Collection 4

 Other (Specify in a fillable field)

 Unable to provide service (Specify reason in a fillable field.) ALERT SUPERVISOR

 Did the person with LEP prefer to use an adult family member or a friend as an

interpreter? (yes/no)

 If yes, did the person with LEP sign a waiver of free language assistance services?

(yes/no)

 If yes, was a written or sight translation of the waiver provided prior to obtaining the with

signature of the person with LEP? (yes/no)

 Did staff provide translated documents/materials? (yes/no)

The Alabama Department of Human

Resources approved the use of this image.

MIS Example: State of Alabama, Food Assistance Division

D. Access to Public-Facing Websites and Portals

Consistent with Title VI and Executive Order 13166, recipients of federal financial assistance

and federal agencies must take reasonable steps to ensure that their public-facing websites and

portals provide meaningful access to persons with LEP. (See Improving Access to Public

Language Access in Portals and Data Collection 5

Websites and Digital Services for LEP Persons (PDF).). Relying on machine translation or

other automated translation services to create multilingual digital content, without first having

that content checked for accuracy by a competent human translator, will likely lead to inaccurate

or incorrect information and cause confusion for persons with LEP.

Even if an entity takes steps to ensure the accurate translation of multilingual digital content with

human translators, they can improve access to public websites and digital portals for persons

with LEP by incorporating additional features including:

 An easy-to-find language selector with a list of all available languages on the upper right

corner of the website or digital portal. See U.S. Web Design System.

 An image that displays the available languages or a widely recognized icon like a globe.

(Do not use country flags because they do not clearly identify a specific language.).

 Display the language options in a language selector dropdown menu in both English and

in the text of each non-English language.

 If links on a public website or portal leads to content that is only in English, provide a

translated indicator or notice that informs the non-English user that the link goes to a

page or document that is written only in English.

 Present translated content as text, not an image, so it can be found by search engines.

 Ensure vital content and documents on the main page and other key pages includes the

contact information for the entity’s current language access coordinator or equivalent

who can help a person with LEP obtain language assistance services or file a complaint.

Public Website Example: U.S. General Services Administration, Vote.gov

Language Access in Portals and Data Collection 6

To ensure more people with LEP can find and use public websites and digital portals, an entity

may take the following additional steps to enhance access:

 In a prominent location on websites and digital portals, place a multilingual tagline notice

informing LEP persons of the availability of free language assistance services and how

to request them. Taglines are short statements written in English and non-English

languages that indicate competent language assistance services are available free of

charge.

The LEP.gov Translation page includes the following translated tagline examples:

• U.S. Department of Agriculture, Language Assistance Taglines

• U.S. Department of Labor, Sample Taglines

• U.S. Department of Health and Human Services, Translated Resource for

Covered Entities

 If people with LEP are directed to call a number, ensure the audio prompts in the voice

menu for that number are available in English and in frequently encountered non-English

languages early within the recorded message.

 If a public website or portal directs a person with LEP to send an email, ensure that the

email mailbox is monitored and those responsible for monitoring that inbox know how to

request translations of non-English emails and how to provide prompt responses.

Additional Resources



“Impacts of a User’s Cultural Background on Interaction with Digital

Platforms” by Sophia Chen, a former intern at the Federal Coordination and

Compliance Section of the Civil Rights Division at the U.S. Department of

Justice (DOJ), describes the importance of considering a user’s cultural

background when assessing the usability of websites.

 DOJ, Improving Access to Public Websites and Digital Services for Limited

English Proficient (LEP) Persons (PDF).

 Agency for Healthcare Research and Quality (AHRQ): Race, Ethnicity, and

Language Data: Standardization for Health Care Quality Improvement.

 Duong, Linh M et al. “Evaluation of primary/preferred language data

collection.” Journal of registry management vol. 39,3 (2012): 121-32.

 CLEAR Global, Language-related questions for new and ongoing surveys.