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<br />Providing Services to Limited English Profie)may (LEP) Individuals
<br />ht accordance with DOI guidance pertaining to,ritie VI of the Civil Rights Act of 1964, 42 U.S C, §'paid, reripiems offederal handend
<br />assistance must take reasonable steps to provide mexniugtd access to their'programs and activities for persoos with limited English
<br />proficiency (LEP). Sea U.S. Department ofhoajee, Guidance to Federal Financial Assistance Recipients Regareling Title VI Prohibition
<br />Aeamen National Origin Discrimination Alh:eting Limited English Proficient Persons, 67 Fed, Reg,41,453 (2002), For more information
<br />an the civil rights respor undi(ties that recipients have in providing language services to LEP individuals, please see the webun,
<br />hnp:/7wl"Oep,gov,
<br />Ensuring Equal Treatment for Filth -Based Organizations
<br />The DOJ regufation, Equal Treuon alt For Faith -Based organizations, l.8 C.F.R. pt. 38, requires State Administering Agencies (SAAs) to
<br />treat faith -bract organizations the same ns anymher applicant or recipust L The regulation prohibits SliA, hum making awards orgrant
<br />administration decisions on the basis of an organization's religious charwteror affiliation, religious name, or the religious composition of its
<br />board oidirectors.
<br />The regulation also prohibits Fath -based arlaniza mus from using financial assisumee Ito, the DOJ to fund inherently (or explicitly)
<br />reiigiaus activities. While faith -based organizations cat, engage in non-fimdedinhlrendy religious activities, they most hold them
<br />separately lkom the program -under, by the DOJ, and recipients cannot compel beneficiaries m participate in then, The Equal Treatment
<br />Regulation also makes clear that organizations participating in programs funded by the DOlam not permitted to discriminate hr the
<br />provision of services on the basis ora benefit€cry's religion. For more information on the agmh tiat<please see the OCR's website at
<br />htlp:/lwun¢ojp.us nci goWabout/acrlequal_lbo.ham.
<br />SAAs and faith -based organizations should also note that the omnibus Crime Cun(rat and Sate Streets Act (Sart Streets Act) of 1968, as
<br />amended, 42 U.S.C, $ 37891tc); the Victims ofCrime.Act of 1984, as amended, 42 US.C, ii 10604(e); me Juvonile Ju5nec and Delinquency
<br />Prevention Act of 1974 as amended U U.S.C, $ 5672(b) and V,AWA, Pub. L, No. 113•+4 sea 3(b)(�tj, 127 Ste[, a`4, 61.62 (IG be endi tied
<br />at42G.S.C.§13925(b)(td)) contain prohibitions against discrimination oil [do basis ofretisecr O(4),in 127ut. Dos 61.2(1
<br />nondiscrimination previsions, the DOJ nes concluded that it may hrithese
<br />construe the Religious Freedom pustulation Act (RFRA) on a case-by-
<br />case basis to permit some faith -based organizatlens to receive DOI funds while taking into accotmr religion when hiring staff; even if the
<br />statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions.
<br />Please consult with the OCR ifyou Inve any questions about tile reguintion or the application of RFRA to the stanhtes thin prohibit
<br />discrimination in employment.
<br />Using Arrest and Gone edon Records hr,v6ahing Employment Oeciromer
<br />The OCR issued an advisory document For recipiems oil the proper use of arrest cad conviction records in malting hiring decisions. See
<br />Advisory For Recipients of Financial Assisrarce, from the U.S- Department ofJustice on the U.S.. Equal Employment Opportunity
<br />Commission's Enforeenuent Guidance: Consideration of Arrest and Conviction Records it, Employment Decisions th dc"ru , Vll ordle,
<br />Civil Rights Act of 1964 (lime 2013), available athall://www.ojp.tisdoi.gov//abotittoor/pdts/UseatConvicdon Advisory.pdr. Recipients
<br />should be mindfut that the misuse of arrest orconviction records to screen either applicants foremployment or amptoyaes. rot retention or
<br />promotion may have a disparate impact basal on race or national origin,. resulting in unlawfin employment discrimination, in light ofthe
<br />Advisory,. recipients should consult local counsel in reviewing their employmentprrctices. U, Warranted, recipients should also incorporate
<br />all analysis Write Ilse ofgrre&t and conviction records in their Equal Employment Oppornntir4 Pimms (EEOPs) (see bebw)_
<br />Complying with (tie Sure Streets set
<br />An organization that is a recipient of Russell[ assistance subject to Ute nondiscrimination provisions of the Sate Streets Act, must meet two
<br />Obligations: (1) complying with the tederal regulation pertaining to the development crap EEOP (sea 28 C.F.R. p6 42, subpt. E) and (2)
<br />submitting to the OCR tndings-ordiscrinmination (see 28 C.F.R. 93 42.SO4(c), 205(c)(Sp,
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