Audit Report On The Adherence Of New York City Commission On Human Rights To Executive Order 120 Concerning Limited English Proficiency

We performed an audit of the New York City Commission on Human Rights’ (CCHR) compliance with Executive Order 120 (EO 120). CCHR is a public-facing agency that promotes the New York City Human Rights Law and is responsible for any claims based on this law. The law prohibits discrimination in employment, housing and public accommodation based on race, color, creed, age, national origin, alienage or citizenship status, gender, sexual orientation, disability, marital status, and partnership status.

EO 120 requires public-facing agencies to develop and implement language access policy and implementation plans to accommodate Limited English Proficiency (LEP) persons. Agencies were required to have their plan in place by January 1st, 2009. In implementing a program of language assistance, EO 120 requires that each agency designate a Language Access Coordinator to oversee the creation and execution of the agency’s language access policy and implementation plan; conduct a population needs assessment utilizing guidelines from the U.S. Department of Justice; train front line staff; establish an appropriate monitoring and measurement system; and provide free language assistance based on at least the top six LEP languages ¹ spoken in the City (as determined by the NYC Department of City Planning), including the identification and translation of essential public documents, telephonic and on-site interpretation services, and posting of signage notifying the public of their rights to access these services free of cost.

Our fieldwork was conducted from July 2010 to August 2010, a year and a half after the deadline by which agencies’ were required to have completed their language access policy and implementation plans (see Compliance Chart in Appendices I and II of the Audit Report). As the Executive Order calls for the Mayor’s Offices of Operations (Operations) and Immigrant Affairs (MOIA) to play a leadership role overseeing agencies’ language access initiatives, and to provide technical assistance and promote access to LEP customers through public outreach in its statute, we also included a review of the Mayor’s Office’s oversight efforts in our audit scope.

Audit Findings and Conclusions

We found that CCHR was generally compliant with EO 120 and has pursued meaningful language access initiatives. However, there are several areas where efforts are in need of improvement. For example, we found that CCHR does not post signage, distribute translated documents, nor utilize language access resources consistently across all office locations. We also found that front line staff at some field office sites provided unsatisfactory on-site language assistance. Additionally, CCHR’s telephonic interpretation services can be improved and public outreach can be strengthened. Lastly, our observations indicated that front line workers and managers may need additional training, and that the agency’s current format of providing training orally may need to be formalized and documented (written down).

Audit Recommendations

This report makes a total of 9 recommendations. To address the issues we found during this audit, we recommend that CCHR should:

• Follow-up with each site to ensure that all locations have the free interpretation service poster and are using “I Speak” cards, as well as ensure that staff are familiar with the procedures to use these resources.
• Investigate the use of Language Line as a tool that could enable CCHR to provide more effective language assistance upon initial communication with LEP customers as well as reduce the inconsistencies in service provision and unreasonable wait times.
• Improve customer call services to accommodate the top six LEP languages, and reduce wait times (Language Line may also address this challenge).
• Distribute translated documents in a more consistent manner to ensure that field office locations provide documents translated into the languages that reflect the language needs of the communities those offices serve.

• Take stronger steps to ensure that LEP customers are made aware of CCHR’s provision of language assistance services. Providing community partners with written information or materials for them to distribute via mail and electronically or post at their facilities may further ensure that LEP communities are aware of CCHR’s services.
• Provide staff with written training materials or guidelines such job aids or “cheat sheets” for providing different types of services. CCHR may also want to explore self-assessment initiatives to strengthen internal quality assurance efforts and achieve more uniform delivery of services citywide.

To address other issues we found during this audit, the Mayor’s Office of Operations should revise EO 120 to include:

• A list of consequences an agency would face if its milestones for plan deadlines are not met;
• Requiring agencies to produce Annual Reports that contain details of what agencies have already done; and
• What the agencies plan to do in the future to meet or enhance their LEP plans.

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