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Providing Services to Limited English Proficiency (LEP) Individuats In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. $ 2000d, recipients of federal furancial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Piohibition Against l.lationat Origii-' Discrirr'inaiion Affecting Lirnited English Proficient Persons, 67 Fed. Reg. 41,45 5 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The DOJ regulation, Equal Treatrnent for Faith-Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAs) to treat faith-based organizations tlre samg as any other applicant or recipient. The regulation prohibits SAAs from making awards or giant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composittn of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to firnd inherently (or explicitly) religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must hold them - separately from the program frrnded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at http://www.ojp.usdoj. gov/about/ocr/equal_Ibo.htm. SAAs and faith-based organizations should also note that the Omnibus Crime Conhol and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42V.5.C. $ 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. g 10604(e); the juvenile Justice and Delinquency 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, 6l-62 (to be codified - at 42 U'S.C. $ 13925(b)(13) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring siaff, even if tire statute that authorizes the funding program 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 ihe statutes 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. See 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 of Arrest and Conviction Records in Employment Deiisions unOii fitle VII of the Civil Rights Act of 1964 (June 2013), available at htp://www.ojp.usdoj.gov//about/ocr/pdfsAJseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment oiemployiei for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discriminition. 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 Employnent Opportunity Plans (EEOPsj (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions ofthe Safe Sheets Act, must meet two 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) submitting to the OCR findings of discrimination (see 28 C.F.R. $g 42.204(c),.205(c)(5)).