WIOA State Plan Common Elements

(9) Addressing the Accessibility of the AJC Delivery System for Individuals who are English Language Learners. Describe how the AJC delivery system (including AJC center operators and the AJC delivery system partners) will ensure that each AJC center is able to meet the needs of English language learners, such as through established procedures, staff training, resources, and other materials.

Background

According to January 2020 MD Labor data, English language learners represent approximately 56 percent of the State’s WIOA Title II adult education population. As of the 2010 U.S. Census, Maryland is home to 5,773,552 residents and of the statewide population age five or older, 18 percent report that they speak a language other than English at home and 6.7 percent report speaking English less than “very well.” And, according to the 2010 Census, of the 743,810 foreign born persons in Maryland age five or older, 77.4 percent speak a language other than English and 38.6 percent report speaking English less than “very well.” These populations provide substantial contributions to Maryland’s economy every day. In turn, Maryland’s workforce system must strive to tailor services for this population as they obtain literacy and high school equivalency, training, and employment services.

Labor takes seriously its commitment to being in compliance with equal opportunity and nondiscrimination matters. First, Maryland’s Nondiscrimination Plan fulfills the requirements of WIOA Section 188 and 29 CFR Part 38. The plan states that it is the policy of the State of Maryland to not discriminate against any individuals in the United States on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity), national origin (including LEP), age, disability, or political affiliation or belief, or against beneficiaries on the basis of either citizenship status or participation in any WIOA Title I-financially assisted program or activity.

Second, Labor’s OFP is responsible for overall compliance regarding equal opportunity and nondiscrimination matters. The OFP provides technical assistance and professional development opportunities. All Local Areas have designated an Equal Opportunity Officer to ensure accessibility of the Local Areas’ AJCs. In addition to the equal opportunity and accommodations training conducted by that office, Maryland is dedicated to ensuring that frontline staff is trained to meet the needs of Maryland’s English language learners through professional development opportunities.

Third, the presence of language access plans displays the agency’s commitment to ensuring services for English Language learners. The OFP issued an LEP Plan to provide general guidance to Labor’s Divisions and Commissions to ensure meaningful access to English language learners. In addition, DWDAL and DUI jointly developed a Language Access Plan (LAP) in 2018 (it will be updated and reissued in 2020). The LAP identifies how the DWDAL and DUI, along with the statewide network of AJCs and Title II adult education sites, will work collaboratively to ensure workforce system access for LEP individuals.

Language Access Services

The LAP is established pursuant to and in accordance with, state Government Article, §§10-1101, Annotated Code of Maryland: “The General Assembly finds that the inability to speak, understand, or read the English language is a barrier that prevents access to public services provided by state departments, agencies, and programs, and that the public services available through these entities are essential to the welfare of Maryland residents. It is the policy of the state that state departments, agencies, and programs shall provide equal access to public services for individuals with LEP.”

The provision of equal access to public services details both spoken interpretation and written translation services. There are two types of spoken interpretation services: in-person and telephonic. In-person interpretation is a real-time, face-to-face oral interpretation service option that allows customers to receive information in their preferred language with incorporation of “cultural and syntactical context.” The State of Maryland contracts with Ad-Astra, Inc. (Ad-Astra) to provide this service. Telephonic interpretation also allows customers to receive information in their preferred language with incorporation of cultural and syntactical context through the telephone, where the interpreter is able to relay the messages of a staff person. The State of Maryland contracts with Language Line Solutions (Language Line) to provide this service. Based on Maryland code, State agencies and grantees must provide face-to-face, in-house oral language service if contact between the agency and individuals with LEP is on a weekly or more frequent basis. In the LAP, Labor provides guidance on implementing this code on a state-level and local-level.

To ensure speakers of other language are aware of available interpretation language services at the state’s AJCs, a variety of resources are used. AJCs display “I Speak” posters near the point of entry, listing 38 identifiable languages that customers can point to so staff can arrange appropriate interpretation services. AJCs may also display multilingual brochures specifically designed for the LEP population as well as Equal Opportunity posters in languages other than English.

Maryland Code also stipulates requirements for written translation services. Vital documents must be translated into any language spoken by any LEP population that constitutes three percent of the overall population within the geographic area. According to Labor’s OFP, a “vital document” is one that conveys information that critically affects the program recipient to make decisions about his or her participation in an activity. Documents that require a signature and mention the continuation or termination of a benefit are considered “vital.” This may include web-based information. The State contracts with Ad-Astra to provide written translation services in order to ensure material is accessible to LEP individuals. All state vendor contracts may be utilized by Local Areas.

Maryland also uses “Babel Notices” to communicate the significance of vital information to English language learners and LEP individuals. Local Areas should include Babel Notices pursuant to the three percent population stipulation in state law. Census data should be used to determine which languages to include and will be reviewed as new statistics become available. Data in the MWE regarding LEP status and preferred language allows Local Areas to develop a baseline of what populations use and require linguistic services. Local Areas are able to alter their Babel Notices according to the languages most relevant to their areas.

DWDAL and DUI publications available in Spanish include the Pocket Resume for Job Interviews, Services for Migrant and Seasonal Farm Workers, GED^® Testing, and the publication “What you need to know about UI in Maryland.” Additional resources are continually reviewed for content and ease of translation. Because of the significant number of Spanish speaking claimants seeking services, the College Park UI Claim Center employs Spanish-speaking staff that review claims over the phone for claimants from the entire state. The Division’s Spanish speaking personnel also assist with employer inquires when necessary.

DORS currently has its website and written materials available in five non-English languages, including Chinese, French, Korean, Spanish, and Vietnamese. These languages were selected based on Census data and customer requests. Similarly, DHS has forms and outreach materials available in Spanish and English as well as FIA forms to apply for assistance available in Amharic, Arabic, Burmese, Chinese, Farsi, French, Korean, Nepalese, Russian, TIG, Traditional Chinese, and Vietnamese. Concerning DHS’ LDSS offices, preferred language of customers is recorded in the client database system. This information is utilized to translate documents before sending them out to customers. Multilingual pay, a program for increased compensation for staff fluent in more than one language and who directly with customers, acts as an incentive program for LDSS staff.

Using a translation application, Labor’s website can be translated into more than 100 languages. The MWE is available in 20 languages. These languages were selected based on Census data and in adherence to State statute. DWDAL also created documents listing multilingual DWDAL staff and Local Area AJC staff for internal reference.

Other Initiatives

In addition to ensuring language access services, Labor’s New Americans Initiative will provide much needed outreach and technical assistance for AJC staff. To ensure high quality services to both jobseekers and businesses, professional development opportunities are currently available and advertised through regular communications from Central Office administration. Through leveraging partnerships under WIOA, new professional development and training opportunities on topics relevant to all WIOA partners will be available to staff. Providing accessibility to the workforce system for all of Maryland’s jobseekers is central to Maryland’s approach under WIOA.

MD Labor co-leads the Skilled Immigrant Task Force (Task Force) with DHS’ MORA. Recognizing the detrimental effects of brain waste on the economy, as well as the economic hardships of immigrants looking for employment opportunities that align with their professional backgrounds and training, Maryland submitted a Letter of Interest (LOI) to the White House National Skills and Credential Institute in 2016. The LOI identified four key barriers to the integration of skilled immigrants in Maryland’s workforce, including LEP, complex licensing and credentialing processes, limited experience of Maryland’s workforce system in working with foreign-born individuals, and lack of social capital on the part of immigrants. The Task Force was created in June 2016 to address these issues, believing that the State of Maryland could lead the way in creating a win-win environment in which immigrants secure jobs that match their professional and educational backgrounds while simultaneously meeting the hiring demands of the business community. The Task Force includes representation from national agencies, state agencies, local governments, AJCs, adult education providers, and service providers.

Additionally, Maryland seeks to enhance services to and remove barriers for English language learners through several grant and technical assistance opportunities. First, Maryland was chosen as one of eight U.S. localities to receive customized technical assistance from WES Global Talent Bridge to advance its skilled immigrant integration efforts. Each of the eight pilot communities received 12 hours of coaching and advising provided by WES Global Talent Bridge; 12 hours of additional customized technical assistance from national experts; and four interactive web-based training sessions with WES Global Talent Bridge and other national partners on topics related to immigrant professional integration. Additionally, Maryland participated in two in-person, peer-learning convenings as part of this project: one in Syracuse, New York and one in Toronto, Canada.  As part of the pilot group, each community participated in monthly calls with WES Global Talent Bridge and other participating localities to share ideas and provide updates on the progress of strategic efforts. From participating in this project, the Task Force created a guide for foreign-trained engineers seeking to re-enter the engineering profession in Maryland as well as honed strategies for employer engagement.

Second, MD Labor participated in the National Occupational Licensing Learning Consortium, a peer-learning consortium focused on occupational licensing policies. This selective group worked on understanding ways to remove barriers to labor market entry and improve professional licensing portability and reciprocity. Member states identified areas within their individual policies that may impede entry for populations most burdened by those policies as well as potential solutions to reduce related barriers. These populations include skilled immigrants, people with criminal records, active duty military, veterans and their spouses, and unemployed and dislocated workers. From participation in this consortium, several changes have been made that reduce language-related licensing barriers for the LEP population for the barber, cosmetology, plumbing, and HVAC professions. LEP individuals seeking a barber or cosmetology license are now able to utilize language interpreters for theory exams and those seeking a plumbing or HVAC license are now able to use a translation dictionary for exams.

Through policy issuances and monitoring, the state workforce system will ensure that the needs of English language learners will be met.