How to Work with an Interpreter in Workplace Investigations

By:  Jojo Rita

In the United States, we are lucky to have immense cultural and linguistic diversity in our workforce. According to census data compiled by Share America, over the past 30 years, “the number of people who spoke a language other than English at home nearly tripled from 23.1 million (about 1 in 10) to 67.8 million (about 1 in 5).”[1] Thus, it is more important than ever to consider and to implement language access plans in workplace investigations. Furthermore, under Title VI of the Civil Rights Act of 1964[2], government institutions like the federal courts are prohibited from discriminating on the basis of race, color and national origin, which means that non-English speakers must be provided with interpreters and translators. As investigators, we must assume this same responsibility for equal language access in workplace investigations.

But how can we ensure all parties have equal access to a fair, impartial investigation process? That’s easy: by providing non-English speaking or Limited English Proficient (LEP) parties with professional trained interpreters. However, once we have retained a qualified interpreter, what are some best practices for working with interpreters? Based on my professional interpreting experience, training, and wisdom from my interpreting mentors, here are some practical tips to ensure linguistic bridges can be built between you and your non-English speaking party (LEP) to an investigation.

1. Set your interpreter up for success: Most people who have never worked with an interpreter incorrectly assume that an interpreter is like a translation machine who can automatically render a perfect interpretation without preparation. This is FALSE. You can greatly improve the quality and efficiency of an interpreted encounter by providing your interpreter with the following: context about the investigation (claims, parties involved, etc.), specialized terminology that may be used, and any other relevant information. Take a few minutes before the interpreted encounter to speak with the interpreter, and to let them explain their process to you.
2. Stress the importance of confidentiality: Make sure that your interpreter understands the expectations surrounding confidentiality and sensitivity around attorney-client privileged materials before entrusting them with investigation materials.
3. Don’t speak at them, speak through them: Your interpreter is a dynamic actor in a multilingual situation. Because we are so used to complex monolingual interactions in our investigations process, it can be easy to get confused when an interpreter is in the mix. Nonetheless, you should speak directly to your LEP party, not to the interpreter. This will facilitate the flow of communication and make your LEP party feel more at ease.
4. Clear up confusion: Interpretations will never be “perfect,” just like investigations themselves are never cut and dry. Complex translation issues like culturally-bound terminology and colloquial expressions make interpretation more of an art than a science. Therefore, you should grant all parties involved the opportunity to clarify or to correct the record as needed. While it may be uncomfortable to stop the natural flow of a conversation, letting an interpreter, yourself, or your LEP party stop to ask for repetition or clarification in the moment ensures much more fidelity in the interpretation. This ensures a factual outcome for your investigation.
5. Debrief: It is always a good idea to debrief with your interpreter after a translated interview. They can provide cultural and linguistic insights that can be incorporated into data analysis. You can ask them for their thoughts on any confusing data points, as relates to their cultural-linguistic expertise.
6. Remember, translation is an ART, not a science: It bears repeating that interpreters are not “translation machines,” but rather are human beings with specialized knowledge and expertise. Therefore, when dealing with sensitive, high-impact investigations, it is doubly important to consider that an interpreted encounter requires extra time and preparation. By recognizing the complexity of their job, you can ensure equal language access to your investigations process. And when in doubt, ask your professionally trained interpreter!

[1] https://share.america.gov/united-states-rich-in-languages/#:~:text=In%20the%20U.S.%2C%20the%20number,according%20to%20the%20Census%20Bureau.

[2] https://www.justice.gov/opa/pr/justice-department-resolves-language-access-matter-concerning-louisiana-supreme-court