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Source: The Santa Fe New MexicanAug.新蒲崗迷你倉 15--The state of New Mexico might have a subtle message for unemployment applicants who lack English proficiency and computer skills: Go away.That is the basis of a civil-rights claim by the New Mexico Center on Law and Poverty against the state Department of Workforce Solutions, which launched a new online unemployment insurance claims system in January.The complaint filed with the U.S. Department of Labor documents several cases of people who may have been denied their rightful unemployment benefits because of deficiencies in English or access to the Internet. "The Department requirements that the unemployment application be done in English and online have a negative impact on several protected classes," claims the Albuquerque-based center.Tess Wilkes, a Center on Law and Poverty attorney, said the state of Minnesota has a similar system and makes paper applications easily available in Spanish, Somali and Hmong. New Mexico, with the highest percentage of Spanish speakers in the United States and a Hispanic governor, does not make filing in Spanish as easy, she argues."We feel if Minnesota can do it, then New Mexico should be able to do it," Wilkes said.Among the cases raised in the filing:-- A foreign-born Mandarin and Cantonese speaker with a valid work authorization who was unable to apply for unemployment in April, 2013 because he cannot read English and was unable to use a computer-- A foreign-born Spanish speaker who received two written letters from the state in English requesting more information from her in order to process a claim-- A farm worker in a part of New Mexico with a lot of Spanish speakers who visited a Department of Workforce Solutions field office because he needed help and was told he could only file online-- An elderly farm worker who applied for benefits but had to pay a notary to fill out an online application because he does not read or write in English"The online unemployment system is not accessible to seniors in our state, especially Latino seniors. This potential age discrimination is yet another reason why the department's online system in unacceptable," said the civil rights claim.Wilkes said the center started meeting with the Department of Workforce Solutions in July 2010 to try and resolve some of the issues and has been told the state is not required to provide language access, nor does it have the money to do so. Most recently, the New Mexico Center on Law and Poverty met July 3, 2013 with Marshall Ray, general counsel at the Department of Workforce Solutions and Tammy Keating, assistant general counsel.But Wilkes said Workforce Solutions has even not even made simple and practical changes such as instructing field offices that there is Spanish-language help available for callers who need it. "There are some people who speak Spanish at the call center. We don't have confirmation that anyone has gone through that process. It's not clear that is being told to the field offices," she said.The new $48-mini storageillion computer system has been a one-stop shop for businesses who certify their employment numbers each month and make payments into the insurance system, which is then tapped by those who lose their jobs and qualify for benefits. When the system went up in January, it was plagued with long wait times for those filing new claims as well as business owners who tried to access their accounts. Some of the problems were attributed to new log-on and security requirements, which the state claims has reduced fraud and input errors.An audit of the new system was presented to the Legislative Finance Committee in July and concluded, "The overall functionality of the system works for normal operations. However the complexity of the new system can be cumbersome to use. The initial intake process for a claimant can now take up to an hour and the maximum call wait time remains long."A spokeswoman for the Department of Workforce Solutions said the new system actually makes it easier for those in need to reach a customer-service agent because the vast majority of callers can now file and manage claims without help."There has always been two ways for people to file -- online and through the operations center," said spokeswoman Joy Forehand. "That center does have Spanish-speaking customer service agents that can assist people." She said the number of agents depends on the call volume, but there are as many as 18 who speak Spanish.She said the department is looking into data that will determine how many claimants have filed in Spanish or re-certified in Spanish.Wilkes said the state of Florida also thought it was doing enough, but eventually agreed to make changes to both its website and its filing process to make it easier for Spanish, Creole and other English language learners.In its findings presented to Florida, the U.S. Department of Labor said if further changes are not implemented, then enforcement actions may include, "referral of the matter to the Attorney General with a recommendation that an appropriate civil action be instituted" and that may include suspension of federal assistance from the Department of Labor, in such areas as unemployment and job training.Wilkes said there has been a 31 percent drop in the number of people who have received their payments on time since the new system has gone online in New Mexico. "Claimants should know their rights, and apply in the language of their choice and be able to apply any way they want -- phone, in person, or Internet," she said.The complaint will now be investigated by the Labor Department, a process that may take six months to a year. If it is determined there is a civil-rights violation, Workforce Solutions would be given a chance to change its practices and come into compliance with federal law.Contact Bruce Krasnow at brucek@sfnewmexican.comCopyright: ___ (c)2013 The Santa Fe New Mexican (Santa Fe, N.M.) Visit The Santa Fe New Mexican (Santa Fe, N.M.) at .santafenewmexican.com Distributed by MCT Information Servicesself storage