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FULL PACKET_2008-10-06
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FULL PACKET_2008-10-06
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~" <br />State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as <br />amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as <br />amended, contain prohibitions against discrimination on the basis of religion in employment. These employment <br />provisions have been specifically incorporated into 28 C.F.R. Part 38.1(f) and 38.2(f). Consequently, in many <br />circumstances, it would be impermissible for faith-based organizations seeking or receiving funding authorized by <br />these statutes to have policies or practices that condition hiring and other employment-related decisions on the <br />religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on <br />OCR's website at http://www.ojp.usdoj.gov/ocr/. Questions about the regulation or the statutes that prohibit <br />discrimination in employment may be directed to this Office. <br />Enforcing Civil Rights Laws <br />All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant <br />award, or the number of employees in the workforce, are subject to the prohibitions against unlawful <br />discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from <br />both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year <br />for compliance reviews, audits that require recipients to submit data showing that they are providing services <br />equitably to all segments of their service population and that their employment practices meet equal employment <br />opportunity standards. <br />Complying with the Safe Streets Act or Program Requirements <br />In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the <br />nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 <br />U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) <br />complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan <br />(EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ <br />42.205(5) or 31.202(5)). <br />1) Meeting the ESOP Requirement <br />In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or <br />certain Federal grant program requirements, your organization must comply with the following EEOP reporting <br />requirements: <br />If your organization has received an award for $500,000 or more and has 50 or more employees (counting both <br />full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to <br />OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please <br />consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from <br />an EEOP specialist at OCR by dialing (202) 616-3208. <br />If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your <br />organization still has to prepare an EEOP, but it does not have to submit the ESOP to OCR for review. Instead, <br />your organization has to maintain the EEOP on file and make it available for review on request. In addition, your <br />organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can <br />be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. <br />If your organization received an award for less than $25,000; or if your organization has less than 50 employees, <br />regardless of the amount of the award; or if your organization is a medical institution, educational institution, <br />nonprofit organization or Indian tribe, then your organization is exempt From the EEOP requirement. However, <br />your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form <br />can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. <br />2) Submitting Findings of Discrimination <br />In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of <br />discrimination against your organization after a due process hearing, on the ground of race, color, religion, national <br />origin, or sex, your organization must submit a copy of the finding to OCR for review. <br />20A-10 <br />
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