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2005/09/07 Council Agenda Packet
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2005/09/07 Council Agenda Packet
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Council Agenda Packet
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9/7/2005
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7 <br /> Submitting Findings of Discrimination <br /> In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of <br /> discrimination against your organization after a due process hearing,on the ground of race,color,religion, <br /> national origin,or sex,your organization must submit a copy of the finding to OCR for review. <br /> Providing Services to Limited English Proficiency(LEP)Individuals <br /> In accordance with recent Department of Justice Guidance pertaining to Title VII of the Civil Rights Act of 1964, <br /> 42 U.S.C.§2000d,recipients of Fedetal financial assistance must take reasonable steps to provide meaningful <br /> access to their programs and activities for persons with limited English proficiency(LEP). For more information <br /> on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please <br /> see the website www.lep,gov. <br /> Ensuring the Compliance of Sub'recipients <br /> If your organization makes subawards to other agencies,you are responsible for assuring that subrecipients also <br /> comply with all of the applicable Federal civil rights laws,including the requirements pertaining to developing <br /> and submitting an EEOP,reporting Findings of Discrimination,and providing language services to LEP persons. <br /> State agencies that make subawards must have in place standard grant assurances and review procedures to <br /> demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. <br /> Enforcing Civil Rights Laws <br /> All recipients of Federal financial assistance,regardless of the particular funding source,the amount of the grant <br /> award,or the number of employees in the workforce,are subject to the prohibitions against unlawful <br /> discrimination. Accordingly,OCR investigates recipients that are the subject of discrimination complaints from <br /> both individuals and groups. In addition,based on regulatory criteria,OCR selects a number of recipients each <br /> year for compliance reviews,audits that require recipients to submit data showing that they are providing <br /> services equitably to all segments of their service population and that their employment practices meet equal <br /> employment opportunity standards. <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 <br /> organizations. In general,the regulation,28 C.F.R.part 38,requires State Administering Agencies to treat these <br /> organizations the same as any other applicant or recipient. The regulation prohibits State Administering <br /> Agencies from making award or grant administration decisions on the basis of an organization's religious <br /> character or affiliation,religious name,or the religious composition of its board of directors. <br /> The regulation also prohibits faith-based organizations from using direct financial assistance from the <br /> Department of Justice to fund inherently religious activities. While faith-based organizations can engage in <br /> non-funded inherently religious activities,they must be held separately from the Department of Justice funded <br /> program,and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment <br /> Regulation also makes clear that organizations participating in programs directly funded by the Department of <br /> Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For <br /> more information on the regulation,please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo_htm. <br /> J <br />
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