Key Updates: Title VI & Language Access Compliance

• DOE Guidance Overturned: On August 14, 2025, a federal court invalidated the Department of Education’s Title VI guidance, creating uncertainty for organizations relying on it for DEI and anti-discrimination policies.
• DOJ Clarifies DEI Risks: The Department of Justice warns that even well-intentioned DEI policies may violate civil rights laws if they use protected characteristics (e.g., race, national origin) without a strong legal justification.
• Language Access Requirements: Under Section 1557 of the ACA and Title VI, federally funded healthcare providers must offer qualified interpreters and accurate translations for patients with Limited English Proficiency (LEP). Vague efforts like “we try” are simply insufficient under this new regulatory climate.

• Noncompliance with Title VI or Section 1557 can result in investigations, funding loss, lawsuits, and reputational harm.
• Using unqualified or untrained interpreters risks medical errors, inherent legal liabilities, misdiagnoses, or violations of patient rights.
• With the DOE guidance invalidated, organizations must ensure policies align with the current law.

1. Audit Compliance: Review DEI, non-discrimination, and language access policies. Document any use of protected characteristics and legal justifications.

2. Update your Language Access Plans: Ensure LEP patients have access to certified interpreters and accurate translations. And train your staff accordingly. Don’t have a Language Access Plan? Now is the best time to start one.

3. Certify Accurately: Some entities (like school districts under the DOE) are being asked to formally certify compliance with Title VI and related court decisions (e.g., Students for Fair Admissions v. Harvard) as a condition of receiving funds. Make sure your certifications are accurate and truthful. 

Navigating the shifting landscape of Title VI and language access compliance can be complex—but you don’t have to do it alone.