RES 046 Draft 01 2020-2022 - Laserfiche WebLink

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The Mass Transit Agency is an Equal Opportunity Provider and Employer and is firmly committed to a policy of non-discrimination. MTA affords meaningful access to its services for Limited English Proficient (LEP) persons. The 2019 LEP Plan identifies appropriate language assistance measures needed to improve access to public transit services by LEP persons. MTA utilizes contracted phone interpretation services upon request to the maximum extent feasible and on a case by case basis. MTA has not received any request to translate any vital documents (see Safe Harbor Provisions below). The Title VI Coordinator is the designated Language Access Coordinator to efficiently and promptly respond to requests for an interpreter or a translation of County documents. Hawaii County is currently updating its Language Access Plan (July, 2020), with a roll out in November, 2020. The County of Hawaii EEO/ADA Coordinator is designated as the Language Access Coordinator for implementation of the Plan and is responsible for assisting covered departments with its compliance efforts. A copy of MTA's 2020 LAP Plan can be found at Attachment C. Safe Harbor Provision The Mass Transit Agency complies with the Safe Harbor Provision: The Federal Transit Authority Circular 4702.1 B states: "DOT has adopted DOD's Safe Harbor Provision, which outlines circumstances that can provide a "safe harbor" for recipients regarding translation of written materials for LEP populations. The Safe Harbor Provision stipulates that, if a recipient provides written translation of vital documents for each eligible LEP language group that constitutes five percent (5%) or 1,000 persons, whichever is less, of the total population of persons eligible to be served or likely to be affected or encountered, then such action will be considered strong evidence of compliance with the recipient's written translation obligations. Translation of non -vital documents, if needed, can be provided orally. If there are fewer than 50 persons in a language group that reaches the five percent (596) trigger, the recipient is not required to translate vital written materials but should provide written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost. These safe harbor provisions apply to the translation of written documents only. They do not affect the requirement to provide meaningful access to LEP individuals through competent oral interpreters where oral language services are needed and are reasonable. A recipient may determine, based on the Four Factor Analysis, that even though a language group meets the threshold specified by the Safe Harbor Provision, written translation may not be an effective means to provide language assistance measures. For example, a recipient may determine that a large number of persons in that language group have low literacy skills in their native language and therefore require oral interpretation. In such cases, background documentation regarding the determination shall be provided to FTA in the Title V1 Program. " 14