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Department of Justice
<br />a. A Office of Justice Programs
<br />Office for Civil Mgbts
<br />Wti,h W,v,nD.Ci 20531
<br />August 26, 2013
<br />Mr. Shawn Nelson
<br />County of Orange
<br />10 Civic Center Plaza
<br />Santa Ann, CA 92701
<br />Dear Mr, Nelson;
<br />Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Fader al funding to
<br />compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
<br />is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
<br />Women (OV W), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
<br />regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
<br />Department funding.
<br />Ensuring Access to Federally Assisted Programs
<br />As you know, Federal laws prohibit recipients of financial assistance,, from discriminating on the basis of race, color, national origin,
<br />religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
<br />benefits, Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
<br />benefits.
<br />Providing Services to Limited English Proficiency (LEP) Jndividuals
<br />In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of
<br />Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
<br />English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to
<br />LEP individuals, please seethe website at http: / /www.lop,gov.
<br />Ensuring Equal Treatment for Faith -Based Organizations
<br />The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the
<br />regulation, Participation in Justice Department Programs by Religious Org olizatioms; Providing for Equal Treatment of all Justice
<br />Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
<br />to treat these organizations the same as any other applicant ar recipient. The regulation prohibits State Administering Agencies from making
<br />award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious
<br />composition pills board of directors.
<br />The regulation also prohibits faith -boxed organizations from using financial assistance from the Department of Justice to fund inherently
<br />religious activities, wtdle faift -based organizations can engage in non - funded inherently religious activities, they must be hold separately
<br />from the Department of Justice funded program, gild customers or beneficiaries cannot be compelled to participate In them. The Equal
<br />Treatment Regulation also makes clear that organizations participating in programs funded by die Department of Justice are not permitted to
<br />discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please flee OCR's
<br />website at http:( hvww .ojp.tisdoj,goy /oor /etfbo,htm,
<br />State, Administering Agencies and faith -based organizations should also note that the 5afo Sheets Act, as amended; ton Victims of Crime
<br />Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
<br />basis of religion In employment Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
<br />Freedom Restoration Act (RFRA) is reasonably construed, on a case -by -case basis, to require that its funding agencies permit faith -based
<br />organizations applying for funding under the applicable program statutes boll, to receive DOD funds and to continue considering religion
<br />when hiring staff, even If the statute that authorizes the funding program generally forbids considering of religion in employment decisions
<br />by grantees.
<br />Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
<br />Office.
<br />20D-43
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