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Providing Services to Limited English Proficiency (LEP) Individuals
<br />In accordance with DOJ guidance pertaining to Title VI of the Civil Right's Act of 1964, 42 U.S.C. § 2000d, recipient's of federal financial
<br />assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English
<br />proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition
<br />Against National Origin Disct'iminal'ion Affecting Limited English Proficient Persons, 67 Fed, Reg. 41,455 (2002). For more information
<br />on the civil rights responsibilities that recipients have in providing language services to LHP individuals, please see the website
<br />https://www.Iol).gov.
<br />Ensuring Equal Treatment of Faith -Rased Organizations and Safeguarding Constitutional Protections Related to Religion
<br />The DOJ regulation, Partnerships with Faith -Rased and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016,
<br />prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, louses of
<br />worship, m' faith -based organizations, from using financial assistance from the DOJ to fund 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 hold them separately from 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 tie DOJ
<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 it refusal to attend or participate in a religious practice. Funded faith -based organizations must also provide written
<br />notice to beneficiaries, advising them that if they should object to the religious character of the fimded faith based organization, the funded
<br />faith -based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the
<br />regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnerships, hum.
<br />SAAB and faith -based organizations should also note that the Omnibus Crime Control and Safe Street's Act (Safe Streets Act) of] 968, as
<br />amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 201 10(e); the Juvenile Justice and Delinquency
<br />Prevention Act of 1974, as amended, 34 U.S.C. § I I Milo); and VA WA, as amended,
<br />34 U.S.C. § 1229 1 (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 the Religious Freedom Restoration Act (RMA) on a case -by -
<br />ease hasis to permit some 'f thh-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the
<br />statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult
<br />with the OCR if you have any questions about the regulation or the application o'f RFRA to the statutes that prohibit discrimination in
<br />employment.
<br />Using Arrest and Conviction Records fn Making Employment Decisions
<br />The OCR issued an advisory document for 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. Department of Justice on the U.S, Equal Employment Opportunity
<br />Commission's Enforcement Guidance: Consideration ot/Arrest and Conviction Records in Employment Decisions Under Title VJI ofthe
<br />Civil Rights Act of 1964 (June 2013), available at littps://ojp.gov/about/ocr/pdfs/UseotConvictioii AdvisoyEdf. Recipients should be
<br />mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or 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 in reviewing their employment practices. If warranted, recipients should also incorporate an analysis
<br />of the use of alTcst and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below),
<br />Complying with the Safe Streets Act
<br />An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Said Streets Act, must meet two
<br />obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2)
<br />submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)).
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