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Providing Services to Limited English Proftefency (LEP) Individuals In accordance with DOJ guidance pertaining to Tide VI of the Civil Rights Act of 1964, 42 US.C. § 2000d, recipients of federal financial assistance must take reasonable steps in provide meaningful access to their pmgmms and aedivides for persons with limited English proficiency (LEP). See U.S. Department ofJustiee, Guidance to Federal Financial Assistance Recipients Regarding Tide VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website hltpsd/www.lep.gov. Ensuring Equal Treatment of Faith -Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ reguladon, Partnerships with Faith -Based and Other Neighborhood Organizations, 28 C.F.R. In. 38, updated in April 2016, prohibits all recipient organizations, whether they she law enforcement agencies, govemanental agencies, educational institutions, houses of worship, or fh(th-based orgaai onions, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselyticemon. While funded organizations may engage in non -funded explicitly religious activities (e.g., prayer), they most hold them separately from the activities maded by the DOJ, and recipients concept compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs forded by the DOI are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal in hold a ruligiumbelief,orarofusaltoaneadorpardeipateinareligiompmctice. Funded faith -baled organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of die funded faith based organization, the funded faithhatedorganization will take reasonable steps to refer the beneficiary to an alterative service provider. For more information on the regulation, please see the OCR's website at https:f/ojp.gov/aboutloalparMemhips.htn. SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as amended, 34 U.S.C. § 12291(bx13), contain prohibitions against discrimination con the basis of religion in employment Despite these nondiscrimination pmvisinns, the DOJ has concluded that it may conswe the Religious Freedom Restoration Act (RFRA) on a case -by - case basis to permit some Faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please wnsult with the OCR ifyou have any questions about the regulation or the application ofRFRA to the statutes that prohibit discrimination in employment Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and comi nion records in making hiring decisions. Sec Advisory for Recipients of Financial Assistance fmm the U.S. Department of hands on the U.S. Equal Employment Opportunity Commission's Enfbmement Guidance: Consideration ojArresr and Conviction Recrds in Employment Decisions Under TV& VII ofthe Civil Rights Acta/1964(June 2013), available at hops://ojp.gov/about/ocrlpdfs/UseDiComicfoo_Advisory.pdf Recipients should be mindful that the misuse of West or conviction records inscreen either applicants for employment er employees for retention of promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light ofthe Advisory, recipients should consult local cwand in reviewing their employment practices. If warranted, recipients should also incorporate an analysis ofthe use plainest and conviction records in their Equal Employment Opportunity Plans (EEGPs) (set below). Complying with the Safe Streets Aet An organization thatis a recipient of financial assistance subject m die nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 CF.R pt 42, saber. E) and (2) submitting to me CCR findings of discrimination (see 28 C.F.R. §§ 42.204(o), .205(c)(5)). 20A-10