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I <br /> Department of Justice <br /> . •I`,Y Office of Justice Programs <br /> Office for Civil Rights <br /> Washington,D.C. 20531 <br /> August 23,2013 <br /> The Honorable Ray Stephanson <br /> City of Everett <br /> 2930 Wetmore Avenue • <br /> Everett,WA 98201-4073 <br /> Dear Mayor Step.anson: <br /> Congratulations on your recent award.In establishing financial assistance programs,Congress linked the receipt of Federal funding to <br /> compliance with Federal civil rights laws.The Office for Civil Rights(OCR),Office of Justice Programs(OW),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)Individuals • <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 see the website at http.I/www.lep.gov. <br /> Ensuring Equal Treatment for Faith-Based Organizations <br /> • <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 Organizations;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 or 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 of its board of directors. <br /> The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently <br /> religious activities.While faith-based organizations can engage in non-funded inherently religious activities,they must be held separately <br /> from the Department of Justice funded program,and 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 the 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 see OCR's <br /> website at http://www.ojp.usdoj.gov/ocr/ettbo.htm. <br /> • <br /> State Administering Agencies and faith-based organizations should also note that the Safe Streets Act,as amended;the 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 both to receive DOJ 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 /> 11 <br />