ORANGE COUNTY SHERIFF’S DEPARTMENT

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Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Tide VI of the Civil Rights Act of 1964,42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps in provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Fin Against National Origin Discrimination social Assistance Recipients Regarding Title VI Prohibition 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 hnps://www.kp.gnv. services to LEP individuals, please sec to websi[e Ensuring Equal Treatment of Faith -Bused Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Fait -Based and Other Neighborhood Organizations, 28 C.F.R In. 38, updated in April 2016, prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of worship, or faith -based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly mligiOm activities include worship, religious instruction, orpmselytization. While funded organizations may engage in non -funded explicitly religious activities (e.g., prayer), they most hold them separately from the activities funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOI are not permitted to discriminate in the provision Of services an the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief, Ora refusal to attend or participate in a religious practice. Funded faith -based organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the fimded faith -based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation, please see the OCR's websile at hops://ojp.gov/aboutlocr/partacmhips.htaL 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 Come 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(h); and VAWA, as amended, 34 U.S.C. § 12291(bx 13), contain prohibitions against discrimination on the basis Of religion in anploymenL Despite these nondiscrimination provisions, the DOJ has concluded that it may entrance the Religious Freedom Restoration Act (RFRA) on a case -by - case basis to permit some faith -based organizations In receive DOJ funds while taking into account religion when hiring suff, even if the statute that authorizes the funding progrun generally forbids recipients from considering religion in employment decisions. please consult with the OCR if you have any questions about the regulation or the application of RFRA to the smmtes 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 conviction records in making hiring decisions. Sec Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration ufArrest and Conviction Records in Employment Decisions Under Title 147of the Civi/Rights Acl of 1960 (June 2013), available st kttps://ojp. Advisory,pd£. Recipients should be govlabouVocr/pdfs/UseotConvicdon mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the noadiscri rdnation provisions of the Safe Streets Act, must meet two obligators: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R p4 47, subpt. E) and (2) submitting to the OCR findings of discrirttination (see 28 C.F.R. §§ 42.204(c), .205(e$5)).