Federal LEP Protections

The Supreme Court, in Lau v. Nichols, 414 U.S. 563 (1974), interpreted regulations promulgated by the former Department of Health, Education, and Welfare, including a regulation similar to that of DOJ, to hold that Title VI prohibits conduct that has a disproportionate effect on LEP persons because such conduct constitutes national-origin discrimination. Get more information at the Title VI page.

Executive Order 13166- On August 11, 2000, Executive Order 13166 was issued. Under that order, every Federal agency that provides financial assistance to non-Federal entities must publish guidance on how their recipients can provide meaningful access to LEP persons and thus comply with Title VI regulations forbidding funding recipients from ‘‘restrict[ing] an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program’’ because of their national origin. Get more information at the Executive Order 13166 page.

DOJ Guidance- The DOJ was also given the authority under this Executive Order to provide Federal agencies guidance on their obligation.  In response, the DOJ provided Guidance (DOJ Guidance) to Federal agencies explaining their obligations under Executive Order 13166.

After this initial DOJ Guidance, federal agencies raised questions regarding the requirements of the Executive Order, especially in light
of the Supreme Court’s decision in Alexander v. Sandoval, 532 U.S. 275 (2001).

On October 26, 2001, the DOJ issued a memorandum which clarified and reaffirmed the DOJ LEP Guidance in light of Sandoval, where the Assistant Attorney General stated that because Sandoval did not invalidate any Title VI regulations that proscribe conduct that has a disparate impact on covered groups—the types of regulations that form the legal basis for the part of Executive Order 13166 that applies to Federally assisted programs and activities—the Executive Order remains in force. Get more information at the DOJ Guidance page.

Agency LEP- Is a list of the Federal Agency LEP Policies that have been developed since Executive Order 13166 based on the DOJ Guidance.

Last Updated: March 27, 2009 ● Empire Justice Center © 200