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Providing Services to [.foil ted English Proficiency (LEP) Individuals
<br />hp accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial
<br />assistance mast lake reasonable steps to provide meaningful access to their programs and activities f'or persons with limited English
<br />proficiency (LEP). See U.S. Department of Juslice, Guidonce to Federal Financial Assistance Recipients Regarding Title Vi Prohibition
<br />Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Ped. Reg. 41,455 (2002). For more information
<br />on the civil rights responsibilities that recipients have In providing language services to LEP Individuals, please see the websito
<br />Mips://www.lcl).gov.
<br />Ensuring Equal Treatment of Faith -Based Organizations and Safeguarding Constitulioual Protections Related to Religion
<br />The DO.1 regulation, Pa9nerships with Faith -Based and Other Neighborhood Organizations, 28 C.P.R. pt. 38, updated in April 2016,
<br />prohibits all recipient organizations, whether they are Inv enforcement agencies, governmental agencies, educational insti(utions, houses of
<br />worship, or faith -based organizations, from using Financial assistance from the DOJ to find explicitly religious activities. Explicitly
<br />religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non -funded
<br />explicitly religious activities (e.g, prayer), they must (told them separately frnn the activities funded by the DOJ, and recipients cannot
<br />compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DO.1
<br />are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a
<br />religious belief, or a refusal to attend or participate in a religious practice. Funded lnilh•based organizations roust also provide written
<br />notice to beneficiaries, advising them That if they should object to the religious character of the funded faith based organization, lire funded
<br />Ihith-based organization will take reasonable stops to refer the beneficiary to an alternative service provider, For more information on the
<br />regulation, please see the OCR's website at littl)s://ojp.gov/lbotiL/ocr/1),rtiictsltlpti.iilnl.
<br />SAAB and frith based organizations should also note that the Omnibus Crime Control and Sale Streets Act (Safe Streets Act) of 1968, as
<br />amended, 34 U.S.C. § 10228(c); the Violins of Crime Act of 1984, as amended, 34 U.S.C. § 2011 i(e); the Juvenile Justice and Delinquency
<br />Prevention Act of 1974, as amended, 34 U.S.C. § I 1182(6); and VAWA, as amended,
<br />34 U.S.C. § 1229 I(b)( 13), contain prohibitions against discrimination on the basis of religion in employment. Despite these
<br />nondiscrimination provisions, the DOJ has concluded that it may construe tie Religious Freedom Restoration Act (RPRA) on a case-by-
<br />case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even ff the
<br />statute that authorizes the finding program generally forbids recipients fion considering religion in employment decisions. Please consult
<br />with the OCR if yon have any questions about the regulation or Ibe application of RPRA to the statutes that prohibit discrimination in
<br />employment.
<br />Using Arrest and Conviction Records fn Making Employment Decisions
<br />'Ile OCR issued an advisory document fur recipients on the proper use of arrest and conviction records in making hiring decisions. See
<br />Advisory for Recipients of Financial Assistance from the U.S. Depi nnteol ol'Justice on the U.S. Equal Employment Opportunity
<br />Commission's Enfincenenl Guidance: Consideration ofdrresl and Conviclion Recoch in Enplopnma Decisions hurler Tille V/1 oflhe
<br />Civil Riglvs Act of 1964 (June 2013), available at littl)s://ojp.gov/about/ocr/pdfs/UscolCotiviction Advisory.pdr. Recipients should be
<br />mindful dint the misuse of arrest or conviction records to screen either applicants for employment of employees for retention of promotion
<br />may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory,
<br />recipients should consult local counsel int ievimving their employment practices, If warranted, recipients should also incorporate an analysis
<br />of the use olarrem and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below).
<br />Complying with the Safe Streets Act
<br />An orgaoization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Salle Streets Act, must npect two
<br />obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.ER. Ill. 42, subpt. E) and (2)
<br />submitting to the OCR lindings of discrimination (see 28 C.F.R. §§ 42204(c), .205(c)(5)).
<br />20B-7
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