Narrative: III. b. 9.

To meet this challenge, Maine’s core programs are committed to grow and diversify Maine’s workforce through improved access and engagement by developing strategies to engage populations that tend to have lower labor participation rates including, but not limited to, people with disabilities, veterans, women, older workers, people without a high school diploma, ex—offenders, individuals with language barriers, female heads of households with dependent children and out of school youth. Reflecting these ideas, state agencies are adopting the slogan, “We need every Mainer.” The State Board recognizes that innovative strategies and policies must also be created to attract new residents. Current policies such as Veteran’s pensions being state tax exempt create powerful incentives to draw new Mainers. The State Board is investigating the factors that cause in—migration, researching best practices regarding relevant policy actions and considering strategies to incentivize the flow of individuals to Maine. The State Board recognizes that innovative strategies and policies must also be created to attract new residents. Current policies such as Veteran’s pensions being state tax exempt create powerful incentives to draw new Mainers. Accordingly, the Board is investigating the factors that cause in—migration, researching best practices regarding relevant policy actions and considering strategies to incentivize the flow of individuals to Maine. Core programs will also offer increased support and engagement for Maine’s growing foreign born populations—refugees, asylum seekers, and foreign trained professionals. Strategies to improve access for this population to core partners, one—stop partners and within the career centers and partner agency offices will include, but not be limited to: • Printed workforce development system materials in multiple languages • Availability of translation services • Diversity and cultural awareness training for staff • Development and implementation of robust referral protocols to adult education English language acquisition activities and to other agencies offering assistance with housing, immigration issues, foreign credential assessment, etc. as appropriate • Seminars on becoming a successful employee in the Maine workplace • Training for employers on benefits of diversifying their workforce • Engagement with community and faith—based groups serving the ELL population to determine alignment of their services with those of the workforce development system

To grow the economy, transitioning these populations into employees must become a priority for policy makers and for employers.

Requested Revision; English Language Learners receive services in Maine’s One-Stop Centers and through the WIOA core and affiliated partner agencies. Posters in multiple languages describing agency services as well as the availability of translation services are prominently displayed. In addition, staff at all agencies will receive ongoing training on being culturally sensitive and welcoming. Many of the agencies in the workforce system already have bilingual staff on staff. To better serve non-English speakers, the One-stop Partner Committee will identify best practices to enabling English Language Learners to meet their educational, training and employment needs. The new MIS/Job Bank system recently implemented throughout Maine One-Stop Centers is also accessible through the internet and has the ability to be switched into 30 different languages at the click of a mouse. This is a new feature that will allow all workers to access informational services on-line in their own language. State Workforce Agency Policy on Language Access is as follows: POLICY STATEMENT ON LANGUAGE ACCESS, TITLE VI SUBJECT: Language Access Policy for Individuals Whose Primary Language is not English and Individuals who are Deaf or Hard of Hearing. This Policy and Procedure Statement is designed to provide equal access to programs, services, and benefits for those individuals who may be limited in speaking, writing and/or understanding English (Limited English Proficient), which includes those individuals who are deaf or hard of hearing. BACKGROUND: Since the passage of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990, great strides have been made toward the inclusion of all people in the mainstream of American life. All individuals are guaranteed access to public accommodations regardless of race, color, gender, religion, national origin, or physical or mental disability. In Maine, much work has been done to ensure the provision of qualified interpreters for people who are deaf or hard of hearing. The Department makes every effort to ensure equal access to services for all people served, regardless of communication circumstances. The application of this policy shall be consistent with the provisions of the Civil Rights Act of 1964; the Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973; Federal nondiscrimination rules; and Maine statutes regarding services to persons who are deaf or hard of hearing (34B M.R.S.A. §1218) and American Sign Language interpretation (32 M.R.S.A. §1521(5)). POLICY STATEMENT: The Maine Department of Labor (MDOL) recognizes its obligation to provide linguistic access to services for individuals whose primary language is not English. Individuals for whom MDOL staff may need interpreter services include applicants, customers, family members, and/or companions. When MDOL staff does not speak the language needed, staff will inform the applicant/consumer that interpreter services are available to ensure equal access to programs and services provided by this Department and its contractors. Accordingly, it is the policy of MDOL to provide its staff with interpreter resources to be utilized in providing access to programs and services to Limited English Proficient persons as well as to persons who are deaf or hard of hearing. This policy outlines guidelines and procedures for the use of such interpreter services. ? All programs, benefits or services provided by MDOL shall be made available to all eligible persons regardless of their abilities to speak, write and/or understand English and who are deaf or hard of hearing. ? MDOL will provide interpreter services at no cost to individuals applying for or participating in MDOL programs. ? MDOL will have policies and procedures which combine the use of in-person and telephone interpreter services as well as translated material necessary for effective communication. ? MDOL is committed to the continued evaluation and improvement of these services, as well as education of staff in available resources and procedures. ? It is a goal of MDOL to employ bilingual/multilingual staff able to communicate directly in languages used in our various regions. RATIONALE: This policy affirms MDOL’s commitment to ensure equal access to benefits and services for Limited English Proficient individuals and persons who are deaf or hard of hearing. The procedures outlined below will ensure that information, services, programs, benefits, obligations, responsibilities and rights are communicated in languages that are understood by and are at no cost, and without significant delay to these individuals. This policy also provides for an effective exchange of information between staff and Limited English Proficient persons, and between staff persons who are deaf or hard of hearing, while services are being provided. The purpose of this policy is to ensure that no person is excluded from or denied equal access to benefits, programs and/or services due to linguistic barriers. PROCEDURE STATEMENT Access to the Department: The Department shall use available technologies and services to ensure access to MDOL programs, shall monitor ways that developing technologies and services can enhance access, and will ensure that staff has the equipment, training, and resources for communication for performance of their jobs. 1. In the reception areas of all MDOL buildings where customer services are provided, MDOL shall post and maintain signs in various languages, informing the public of interpreter services available at no charge to the public. Interpreter services include providing in-person or remote ASL (American Sign Language) interpreters and Limited English Proficient interpreter services, and making MDOL’s employee language bank available. Where facilities have communication equipment, such as Interpretype or assistive listening devices, staff shall ensure the equipment is available and operational for communication between customers and staff. 2. TTY (Telephone for the deaf) numbers must be included in any listing of Department telephone numbers. TTY numbers must be listed and clearly identified on all letterhead, business cards, brochures or fliers, facsimile cover pages, posters, web sites, or similar documents or communication tools whenever a telephone number is listed. Telephone listings and State or Departmental telephone directories must include TTY numbers. 3. TTY, and/or equivalent such as Nextalk, must be available and operational in all MDOL office locations and facilities. Staff must have instruction and demonstrated proficiency in TTY use and access to TTYs sufficient to perform their job tasks. Receptionists and switchboard operators, including those assigned back-up responsibilities, must be capable of receiving and initiating TTY calls and relay calls (including voice carryover and hearing carryover). Training and performance standards must include the handling of potential TTY calls (“silent calls”). TTYs must not be set on automatic answer in locations where voice telephones are answered by a staff person in accordance with State policy. 4. In offices where video communication equipment is installed, staff must have instruction and demonstrated proficiency to operate the equipment for communication, such as videophone calls, sufficient to perform their job tasks. Language Assessment and Primary Language Identification 1. Initial contact — Staff, observing the following, should consider that an applicant/customer may be Limited English Proficient or deaf or hard of hearing: · Family member speaks or companions are non-communicative, · Speakers exhibit limited English skills (broken English) or use one-word answers, or · Speakers have a heavy accent. The MDOL employee should consult, if necessary, with other people in the office and referral sources to determine native or primary language. 2. Explain rights — If the applicant/customer is Limited English Proficient or deaf or hard of hearing, staff should explain to the individual the right to have a language interpreter service at no cost. 3. Notation — The staff person must make a distinctive note on the outside of the customer’s paper file and/or on-line record that interpreter services will be needed, reading: “Needs Interpreter Services: Language _____________” 4. When an employee becomes aware that effective communication is not occurring, appropriate interpreter services should be provided to ensure equal access. 5. Getting Interpreters — It is the responsibility of the MDOL contact /service provider to arrange for interpreters as follows: a) If an in-house bilingual employee is available for the needed language and can provide immediate communication, staff should use him/her. The Department encourages bilingual employees to assist with translation. However, it is not intended for bilingual staff to provide ongoing interpretation. b) Consider shifting caseloads to make best use of existing staff resources. c) Contact an interpreter from the list of community interpreters. Otherwise, contact one of the Limited English Proficient interpreter services, which are available 24 hours a day, seven days a week. Follow the procedures in Attachment 1. d) The division or bureau providing services to the applicant/customer is responsible for the cost of related interpretation fees. No contract is required. 6. Other translators — When an individual declines free interpreter service, MDOL shall use other persons who can provide effective communication between the parties. The staff person will write in the applicant’s/customer’s record, the name of the person interpreting. It is not recommended that a family member or friend be utilized unless other interpreter services have been offered and refused and both parties have agreed to the family member or friend. Minors (under 18 years old) may never be used as interpreters under any circumstances. An individual has the right to change his/her mind and request MDOL provide a different interpreter. Staff Expectations 1. Staff members who are proficient in languages other than English, including ASL, are encouraged to utilize those languages in communicating directly with a customer, if it is the customer’s choice. 2. Staff should avoid conflicts of interest and assignments that create the appearance of a conflict of interest. The roles assumed by staff in the provision of services to customers are incompatible with the interpreter role. a. Even a qualified staff interpreter should not interpret at any meeting or situation on behalf of his or her own customers b. MDOL staffs who also function as interpreters outside their roles in the Department may not accept paid interpreting assignments or jobs from provider agencies with whom the State contracts, except with specific written permission of the Bureau of Purchases. 3. Situations where staff may provide interpreting for others include: a. Bilingual staff may assist with immediate communication as described in IV.B.5 & 6, above for arranging interpreter services. b. Qualified staff interpreters may interpret at meetings involving customers carried on the caseloads of other Department staff. c. Emergencies, during which life, health or safety of customers or others may be in immediate jeopardy, are sufficient justification to permit MDOL employees to utilize their best judgment and efforts to facilitate communication until such time as qualified interpreters become available in accordance with 32 MRSA §1525-A(2). Printed Translation of Documents In addition to the required initial contact sign posted in each reception area of MDOL buildings where customers are served, there may be a need to print certain other documents in various languages. Program managers will determine on a program-by-program basis which documents will be printed depending on the program customer’s/applicants primary language and the number of customers needing language interpretation and whether the document is considered vital. It is not required that every document that may need to be translated in the future be identified by title or category now. Audio or video translations, if needed (in lieu of printed material) may be utilized. In the event no written translation of documents is available, MDOL will ensure that in-person translation or translation by telephone will be provided in a timely manner. TR TRAINING A. Training of Staff Managers must ensure that staff members who may be called upon to utilize interpreter services under the requirements of this policy will be trained on the implementation of this policy as well as educated about the following: § The impact of ethnic and cultural differences and effective communication. § The crucial need for sensitivity and understanding of ethnic and cultural differences. § Definition of the role of the Title VI/EEO Coordinators. § How to use interpreter services effectively. This training will be incorporated into New Employee Orientation and New Supervisory Training. Periodic review of this policy and identification of ongoing training needs will be developed on an on-going basis by each Bureau. Interpreter Training, Qualifications and Confidentiality MDOL shall take reasonable steps to screen self-identified bilingual staff members, interpreter agencies, and individuals from the general public that offer to be placed on MDOL’ active list of interpreters. They will be screened to determine that they can: ? Fluently and accurately communicate in the languages(s) in which they claim proficiency. ? Interpret effectively to and from other languages and English. ? Interpret exact concepts. Interpreters should translate as literally as possible to avoid distorting the meaning of the interpretation. Interpreters should not interject something that was not said. ? Understand the obligation to maintain confidentiality. Any in-person interpreter utilized by MDOL staff shall sign a statement certifying that they can interpret fluently in the language needed and indicate whether they can speak, write and/or understand the language (see Attachment 4). All in-person interpreters shall sign a Confidentiality Statement before services are rendered (see Attachment 5). A file copy of both documents shall be maintained by the division or institution employing the interpreter. NOTE: When a MDOL staff member has reason to believe that an interpreter from a professional agency, a telephone interpreter service, or a MDOL bilingual staff member acting as an interpreter is not qualified or properly trained to serve as an interpreter or is hampering effective communication between MDOL and an individual who is Limited English Proficient or deaf/hard of hearing, MDOL shall obtain another interpreter. COMPLAINT RIGHTS AND PROCESS MDOL will take appropriate corrective action if a complaint or other information indicates a failure by any of its personnel to adhere to the Department Labor Language Access Policy. All complainants must be given the complaint procedures and complaint form. (See attachments 7& 8). If a customer chooses to file a complaint, the Title VI Complaint/ Title II ADA form shall be completed and forwarded to the EEO Coordinator. Translated materials and interpreter assistance will be provided during the complaint process. The MDOL Title VI or ADA Coordinator has been designated to receive and respond to questions or concerns about the adequacy or availability of interpreter services and/or of translated documents at MDOL facilities. All MDOL staff members who receive complaints from customers must forward them to their immediate supervisors and to the MDOL Title VI or ADA Coordinator. The complaint procedure and complaint form shall be distributed to the Limited English Proficient individual in the appropriate language (if available); otherwise the complaint procedure will be communicated to the individual who is Limited English Proficient in their language in another effective manner on a case by case basis. The MDOL Title VI or ADA Coordinator shall also give any person who wishes to file a complaint a copy of the Complaint Form. It shall be provided in the primary language of the Limited English Proficient person; if not available in that language, the Coordinator shall assist the person through an interpreter or interpreter service. PUBLIC COMMUNICATION A. Video programs, Noncommercial Sustaining Announcements and Public Service Announcements produced or used by MDOL on or after the date of this policy must be captioned. Labels and promotional material must clearly identify the presence of closed captioning. Material already existing as of the date of this policy need not be modified to include captioning except when necessary to provide effective communication. B. Notices of conferences or workshops open to the general public with pre-registration must state that sign language and assistive listening devices are available upon request. Notices of events open to the general public without pre-registration must state that sign language interpreters and assistive listening devices will be available. C. Printed material for the use of the general public must include the notation that the material is available in alternate formats upon request. Alternate formats may include translation of the material into a specific language other than English, large print, Braille, audio or electronic version, etc. Distribution: All MDOL and Partners. Post on Bulletin Boards in all MDOL locations.