<br />State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as
<br />amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as
<br />amended, contain prohibitions against discrimination on the basis of religion in employment. These employment
<br />provisions have been specifica\1y incorporated into 28 c'F.R. Part 38, I(t) and 38,2(t). Consequently, in many
<br />circumstances, it would be impennissible for faith-based organizations seeking or receiving funding authorized by
<br />these statutes to have policies or practices that condition hiring and other employment-related decisions on the
<br />religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on
<br />OCR's website at http://www,ojp,usdoj,gov/ocr/. Questions about the regulation or the statutes that prohibit
<br />discrimination in employment may be directed to this Office.
<br />
<br />Enforcing Civil Rights Laws
<br />
<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 ofrecipients each year
<br />for compliance reviews, audits that require recipients to submit data showing that they are providing services
<br />equitably to a\1 segments oftheir service population and that their employment practices meet equal employment
<br />opportunity standards,
<br />
<br />Complying with the Safe Streets Act or Program Requirements
<br />
<br />In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the
<br />nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42
<br />U.S,c, 9 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1)
<br />complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan
<br />(EEOP), 28 C.F,R, 9 42JOI-J08, and (2) submitting to OCR Findings of Discrimination (see 28 C,FR 99
<br />42.205(5) or 31.202(5)).
<br />
<br />1) Meeting the EEOP Requirement
<br />
<br />In accordance with Federal regulations, Assurance No, 6 in the Standard Assurances, COPS Assurance No, 8.B, or
<br />certain Federal grant program requirements, your organization must comply with the fo\1owing EEOP reporting
<br />requirements:
<br />
<br />If your organization has received an award for $500,000 or more and has 50 or more employees (counting both
<br />full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to
<br />OCR for review within 60 days from the date of this letter, For assistance in developing an EEOP, please
<br />consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from
<br />an EEOP specialist at OCR by dialing (202) 616-3208.
<br />
<br />If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your
<br />organization sti\1 has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review, Instead,
<br />your organization has to maintain the EEOP on file and make it available for review on request. In addition, your
<br />organization has to complete Section B ofthe Certification Fonn and return it to OCR. The Certification Fonn can
<br />be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
<br />
<br />If your organization received an award for less than $25,000; or if your organization has less than 50 employees,
<br />regardless of the amount of the award; or if your organization is a medical institution, educational institution,
<br />nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However,
<br />your organization must complete Section A ofthe Certification Fonn and return it to OCR, The Certification Fonn
<br />can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
<br />
<br />2) Submitting Findings of Discrimination
<br />
<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, national
<br />origin, or sex, your organization must submit a copy of the finding to OCR for review.
<br />
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