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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />Providing Services to Limited English Proficiency (LEP) Individuals <br />In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial <br />assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English <br />proficiency (LEP) See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition <br />Against National Ongin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information <br />on the civil rights responsibilities that recipients have in providing language services to LEP individuals please see the website <br />http://www.lep.gov. <br />Ensuring Equal Treatment for Faith -Based Organizations <br />The DOJ regulation, Equal Treatment for Faith -Based Organizations 28 C.F.R. pt. 38, requires State Administering Agencies (SAAs) to <br />treat faith -based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant <br />administration decisions on the basis of an organization s religious character or affiliation, religious name, or the religious composition of its <br />board of directors. <br />The regulation also prohibits faith -based organizations from using financial assistance from the DOJ to fund inherently (or explicitly) <br />religious activities. While faith -based organizations can engage m non -funded inherently religious activities, they must hold them <br />separately from the program funded by the DOJ and recipients cannot compel beneficiaries to participate in them. The Equal Treatment <br />Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discnminate in the <br />provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at <br />http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm. <br />SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as <br />amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and Delinquency <br />Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub L No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified <br />at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discnmination on the basis of religion in employment. Despite these <br />nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- <br />case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the <br />statute that authonzes the funding program generally forbids recipients from considenng religion in employment decisions <br />Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit <br />discrimination in employment. <br />Using Arrest and Conviction Records in Making Employment Decisions <br />The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hinng decisions. See <br />Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U S. Equal Employment Opportunity <br />Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the <br />Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients <br />should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or <br />promotion may have a disparate impact based on race or national ongin, resulting in unlawful employment discrimination. In light of the <br />Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate <br />an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). <br />Complying with the Safe Streets Act <br />An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two <br />obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) <br />submitting to the OCR findings of discrimination (see 28 C F R. §§ 42.204(c), .205(c)(5)). <br />