2007/09/09 Council Agenda Packet

3 State Administering Agencies and faith-based organizations should also note that the Safe Streets Act,as amended;the Victims of Crime Act,as amended;and the Juvenile Justice and Delinquency Prevention Act,as amended,contain prohibitions against discrimination on the basis of religion in employment These employment provisions have been specifically incorporated into 28 C.F.R.Part 38.1(f)and 38.2(f).Consequently,in many circumstances,it would be impermissible for faith-based organizations seeking or receiving funding authorized by these statutes to have policies or practices that condition hiring and other employment-related decisions on the religion of applicants or employees.Programs subject to these nondiscrimination provisions may be found on OCR's website at http://www.ojp.usdoj.gov/ocr/. Questions about the regulation or the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to the prohibitions against unlawful discrimination.Accordingly,OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups.In addition,based on regulatory criteria,OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions,an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,42 U.S.C.§3789d(c),or other Federal grant program requirements,must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP),28 C.F.R.§42.301-.308,and(2)submitting to OCR Findings of Discrimination(see 28 C.F.R.§§ 42.205(5)or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations,Assurance No.6 in the Standard Assurances,COPS Assurance No.8.B,or certain Federal grant program requirements,your organization must comply with the following EEOP reporting requirements: If your organization has received an award for$500,000 or more and has 50 or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter.For assistance in developing an EEOP,please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing(202)616-3208. If your organization received an award between$25,000 and$500,000 and has 50 or more employees,your organization still has to prepare an EEOP,but it does not have to submit the EEOP to OCR for review.Instead, your organization has to maintain the EEOP on file and make it available for review on request In addition,your organization has to complete Section B of the Certification Form and return it to OCR.The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than$25,000;or if your organization has less than 50 employees, regardless of the amount of the award;or if your organization is a medical institution,educational institution, nonprofit organization or Indian tribe,then your organization is exempt from the EEOP requirement.However, your organization must complete Section A of the Certification Form and return it to OCR.The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing,on the ground of race,color,religion,national origin,or sex,your organization must submit a copy of the finding to OCR for review. 17