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““Partnering With Partnering With Integrity”Integrity”

What Faith-Based Organizations, Community What Faith-Based Organizations, Community Groups, and Workforce System Leaders Must Groups, and Workforce System Leaders Must Know About U.S. Department of Labor Equal Know About U.S. Department of Labor Equal Treatment and Religion-Related RegulationsTreatment and Religion-Related Regulations

U.S. Department of LaborU.S. Department of Labor

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What are the goals of the Faith-Based What are the goals of the Faith-Based and Community Initiative (FBCI)?and Community Initiative (FBCI)?

• To expand opportunities for faith-based and To expand opportunities for faith-based and community organizations (FBCOs) to meet the community organizations (FBCOs) to meet the social needs of Americanssocial needs of Americans

• To ensure the equal treatment of FBCOs in the To ensure the equal treatment of FBCOs in the administration and distribution of Federal administration and distribution of Federal financial assistancefinancial assistance

• To protect the religious liberty of FBCOs that To protect the religious liberty of FBCOs that partner with the Federal government and of partner with the Federal government and of participants in Federally supported social service participants in Federally supported social service programsprograms

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Changes to USDOL regulations andChanges to USDOL regulations andsub-regulatory policiessub-regulatory policies

Goals of reforms undertaken by U.S. Department of Goals of reforms undertaken by U.S. Department of Labor (USDOL):Labor (USDOL):

• Removing barriers to FBCO participation in USDOL Removing barriers to FBCO participation in USDOL social service programssocial service programs

• Protecting the religious liberty of:Protecting the religious liberty of:

(1)(1) FBCOs that receive Federal financial assistance FBCOs that receive Federal financial assistance

(2)(2) participants in programs operated by these participants in programs operated by these FBCOsFBCOs

Regulatory changes were published in the Regulatory changes were published in the Federal Federal RegisterRegister on July 12, 2004 on July 12, 2004

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Where can I find the relevant changes?Where can I find the relevant changes?

• New equal treatment regulations (29 CFR New equal treatment regulations (29 CFR Part 2, Subpart D)Part 2, Subpart D)

• Workforce Investment Act (WIA) Workforce Investment Act (WIA) nondiscrimination and programmatic nondiscrimination and programmatic regulations (29 CFR 37.6(f); 20 CFR 667.266 regulations (29 CFR 37.6(f); 20 CFR 667.266 and 667.275)and 667.275)

• Job Corps regulations (20 CFR 670.555)Job Corps regulations (20 CFR 670.555)

• Job Corps Policy and Requirements Job Corps Policy and Requirements Handbook (PRH)—Sections 6.8 (Civil and Handbook (PRH)—Sections 6.8 (Civil and Legal Rights), 2.2, 3.17, 5.4 and 6.9Legal Rights), 2.2, 3.17, 5.4 and 6.9

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The USDOL equal treatment The USDOL equal treatment regulationsregulations

• Apply to all providers that implement USDOL Apply to all providers that implement USDOL supported social service programs, including:supported social service programs, including:

For-profit and non-profit organizations, For-profit and non-profit organizations, including FBCOsincluding FBCOs

State and local governmentsState and local governments One-Stop systemOne-Stop system Job Corps Center operators & contractorsJob Corps Center operators & contractors

• Govern the administration and distribution of Govern the administration and distribution of USDOL supportUSDOL support

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The USDOL equal treatment The USDOL equal treatment regulationsregulations

• Apply equally to:Apply equally to: USDOL supportUSDOL support State funds commingled with Federal State funds commingled with Federal

fundsfunds Funds the State is required to Funds the State is required to

contribute under a matching or grant contribute under a matching or grant agreementagreement

• Embody core principles of the FBCI at Embody core principles of the FBCI at USDOLUSDOL

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Core Principles of the Faith-Based and Core Principles of the Faith-Based and Community Initiative at USDOLCommunity Initiative at USDOL

I.I. Equal Opportunity for AllEqual Opportunity for All OrganizationsOrganizations

II.II. Respect for the Faith of Faith-Based Respect for the Faith of Faith-Based Organizations (FBOs)Organizations (FBOs)

III.III. Respect for the Religious Liberty of Respect for the Religious Liberty of BeneficiariesBeneficiaries

IV.IV. Appropriate Use of Appropriate Use of FederalFederal Support Support

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I.I. Equal Opportunity for All Equal Opportunity for All OrganizationsOrganizations

In the administration of USDOL social service In the administration of USDOL social service programs:programs:

• No organization may be discriminated for or No organization may be discriminated for or against on the basis of religious character or against on the basis of religious character or affiliationaffiliation

• No eligible organization may be denied the No eligible organization may be denied the opportunity to compete for or receive USDOL and opportunity to compete for or receive USDOL and other Federal financial assistance based uponother Federal financial assistance based upon the the organization’s religious character or affiliationorganization’s religious character or affiliation

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I. Equal Opportunity for All I. Equal Opportunity for All OrganizationsOrganizations

• Federal, State, or other mechanisms through Federal, State, or other mechanisms through which Federal support is provided to which Federal support is provided to organizations (for example, a mechanism organizations (for example, a mechanism giving out vouchers for job training) must, by giving out vouchers for job training) must, by law, be neutral with respect to religionlaw, be neutral with respect to religion

• Example: The entity selecting organizations Example: The entity selecting organizations to be placed on a list of eligible training to be placed on a list of eligible training providers under WIA must neither favor nor providers under WIA must neither favor nor disfavor an organization based on religion.disfavor an organization based on religion.

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II. Respect the Faith of Faith-Based II. Respect the Faith of Faith-Based OrganizationsOrganizations

Faith-based organizations that receive USDOL support Faith-based organizations that receive USDOL support may:may:• continue to carry out their religious activitiescontinue to carry out their religious activities• keep religious signs or symbols in their facilitieskeep religious signs or symbols in their facilities• continue to select their board members (including continue to select their board members (including

members of the clergy) and otherwise govern members of the clergy) and otherwise govern themselves on a religious basisthemselves on a religious basis

• offer voluntary religious activities to program offer voluntary religious activities to program participants—keep in mind that no “direct” Federal participants—keep in mind that no “direct” Federal support can be used for religious activities and these support can be used for religious activities and these activities must be separate in time or location from activities must be separate in time or location from Federally supported activities and voluntary for Federally supported activities and voluntary for program participantsprogram participants

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III. III. Respect for the Religious Liberty of Respect for the Religious Liberty of BeneficiariesBeneficiaries

Prospective or active program participants:Prospective or active program participants:

• Must not be treated differently because of their religion or Must not be treated differently because of their religion or religious beliefs (or lack thereof)religious beliefs (or lack thereof)

• Must be permitted to freely express their views and exercise Must be permitted to freely express their views and exercise their right to religious freedomtheir right to religious freedom

• Must be provided with reasonable accommodation for their Must be provided with reasonable accommodation for their religious beliefs in programs; ‘reasonableness’ is determined religious beliefs in programs; ‘reasonableness’ is determined on a case-by-case-basis, with regard to the particular on a case-by-case-basis, with regard to the particular circumstances involvedcircumstances involved

• Must be informed that participation in inherently religious Must be informed that participation in inherently religious activities is voluntary, and that their choice whether or not to activities is voluntary, and that their choice whether or not to participate will not affect the quality of the service they receiveparticipate will not affect the quality of the service they receive

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IV.IV. Appropriate Use of FederalAppropriate Use of Federal SupportSupport

What is USDOL “support”?What is USDOL “support”?

• Defined in 29 CFR 2.31(g) as “Federal financial Defined in 29 CFR 2.31(g) as “Federal financial assistance, as well as procurement funding, assistance, as well as procurement funding, provided to a non-Federal organization to provided to a non-Federal organization to support the organization’s administration of or support the organization’s administration of or participation in a USDOL social service program.”participation in a USDOL social service program.”

• Includes grants, contracts, cooperative Includes grants, contracts, cooperative agreements, and other arrangementsagreements, and other arrangements

• Includes monetary and non-monetary assistance Includes monetary and non-monetary assistance (e.g., in-kind contributions, frequent use of (e.g., in-kind contributions, frequent use of Federally-supported property, etc.)Federally-supported property, etc.)

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IV.IV. Appropriate Use of Federal SupportAppropriate Use of Federal Support

Determined by the type of Federal support Determined by the type of Federal support and how the support relates to “inherently and how the support relates to “inherently religious activities”religious activities”

What are examples of “inherently religious What are examples of “inherently religious activities”?activities”?

Religious worshipReligious worship Religious instructionReligious instruction Religious proselytizingReligious proselytizing

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IV.IV. Appropriate Use of Federal SupportAppropriate Use of Federal Support

Federal support is considered “indirect” when:Federal support is considered “indirect” when:

• Beneficiaries are given Beneficiaries are given genuine, independent genuine, independent choiceschoices about where to direct the aid, about where to direct the aid, including having at least one option to which including having at least one option to which the beneficiary has no religious objectionthe beneficiary has no religious objection

• Beneficiaries Beneficiaries freely choosefreely choose where to direct where to direct the aidthe aid

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IV.IV. Appropriate Use of Federal SupportAppropriate Use of Federal Support

So long as the tests for “indirect” support So long as the tests for “indirect” support listed on the previous slide are satisfied, listed on the previous slide are satisfied, the following mechanisms can be the following mechanisms can be considered “indirect” support:considered “indirect” support:

Individual Training Accounts (ITAs)Individual Training Accounts (ITAs)

Personal Reemployment Accounts Personal Reemployment Accounts (PRAs)(PRAs)

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IV.IV. Appropriate Use of Federal SupportAppropriate Use of Federal Support

Federal support is considered “direct” Federal support is considered “direct” unlessunless it satisfies the tests for “indirect” it satisfies the tests for “indirect” support (see slide 15)support (see slide 15)

Some examples of “direct” Federal support Some examples of “direct” Federal support include:include:

GrantsGrants Sub-awardsSub-awards ContractsContracts Cooperative agreementsCooperative agreements USDOL formula grant fundsUSDOL formula grant funds

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IV.IV. Appropriate Use of Federal SupportAppropriate Use of Federal Support

There are different rules that apply to There are different rules that apply to how FBCOs may use “direct” and how FBCOs may use “direct” and “indirect” support“indirect” support

• What rules apply when Federal What rules apply when Federal support is “direct”?support is “direct”?

• What rules apply when Federal What rules apply when Federal support is “indirect”?support is “indirect”?

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IV.IV. Appropriate Use of Federal SupportAppropriate Use of Federal Support

When FBCOs receive “direct” support, the When FBCOs receive “direct” support, the following rules apply:following rules apply:

(1) (1) “Direct” support must not be used for “Direct” support must not be used for inherently religious activitiesinherently religious activities

(2) (2) Organizations may still engage in Organizations may still engage in inherently religious activities, but these inherently religious activities, but these activities must be kept separate in time or activities must be kept separate in time or location from Federally-supported serviceslocation from Federally-supported services

(3) (3) All inherently religious activities must be All inherently religious activities must be voluntary for program participants and voluntary for program participants and beneficiariesbeneficiaries

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IV.IV. Appropriate Use of Federal SupportAppropriate Use of Federal Support

When FBCOs receive “indirect” support, the When FBCOs receive “indirect” support, the following rules apply:following rules apply:

(1) (1) Inherently religious activities can be made an Inherently religious activities can be made an integrated part of the regular training program. integrated part of the regular training program. Participation by the customer in these religious Participation by the customer in these religious activities is considered voluntary because it is activities is considered voluntary because it is the customer who has freely chosen to the customer who has freely chosen to participate in the training programparticipate in the training program

(2)(2) As a result, customers can be required to As a result, customers can be required to participate fully in the training program, participate fully in the training program, including any inherently religious activitiesincluding any inherently religious activities

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IV.IV. Appropriate Use of FederalAppropriate Use of Federal SupportSupport

State and local areas develop standards and procedures by State and local areas develop standards and procedures by which organizations may qualify as Eligible Training Providers which organizations may qualify as Eligible Training Providers (ETPs). FBCOs that apply and that meet all requirements are (ETPs). FBCOs that apply and that meet all requirements are placed on the ETP list.placed on the ETP list.

Eligible Training Providers that receive “indirect” USDOL Eligible Training Providers that receive “indirect” USDOL support through an Individual Training Account (ITA), Personal support through an Individual Training Account (ITA), Personal Reemployment Account (PRA), or similar mechanism may:Reemployment Account (PRA), or similar mechanism may:

(1)(1) make inherently religious activities an integrated part of make inherently religious activities an integrated part of their regular training programtheir regular training program

(2)(2) require customers to participate fully in their program, require customers to participate fully in their program, including any inherently religious activitiesincluding any inherently religious activities

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IV.IV. Appropriate Use of Federal SupportAppropriate Use of Federal Support

Assuming the tests for “indirect” support Assuming the tests for “indirect” support are satisfied, One-Stop customers may are satisfied, One-Stop customers may use use Individual Training AccountsIndividual Training Accounts (ITAs), (ITAs), Personal Reemployment AccountsPersonal Reemployment Accounts (PRAs), (PRAs), or similar mechanisms to purchase or similar mechanisms to purchase training that (1) contains inherently training that (1) contains inherently religious activities and/or (2) leads to religious activities and/or (2) leads to employment in a religious vocation.employment in a religious vocation.

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IV. Appropriate Use of Federal SupportIV. Appropriate Use of Federal Support

• To become an Eligible Training Provider, an To become an Eligible Training Provider, an organization must submit an application to the organization must submit an application to the Local Workforce Investment Board, following Local Workforce Investment Board, following local procedures and deadlineslocal procedures and deadlines

• The applicable local procedures generally require The applicable local procedures generally require a description of each training program and, for a description of each training program and, for established programs, information on past established programs, information on past performance and costperformance and cost

• To promote genuine choice, program descriptions To promote genuine choice, program descriptions should briefly identify any religious elementsshould briefly identify any religious elements

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IV.IV. Appropriate Use of Federal SupportAppropriate Use of Federal Support

Among the provisions of Section 188 of WIA that Among the provisions of Section 188 of WIA that apply to all recipients (including FBCOs) is a apply to all recipients (including FBCOs) is a prohibition on employment decisions based on prohibition on employment decisions based on religion for positions that administer, or are religion for positions that administer, or are connected with, programs and activities that receive connected with, programs and activities that receive WIA financial assistanceWIA financial assistance

Section 188 Section 188 doesdoes notnot apply to employment decisions apply to employment decisions made (1) made (1) beforebefore an organization first received an organization first received financial assistance under WIA, or (2) for programs financial assistance under WIA, or (2) for programs and activities that do not receive WIA financial and activities that do not receive WIA financial assistanceassistance

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IV.IV. Appropriate Use of Federal SupportAppropriate Use of Federal Support

The rules that apply to FederalThe rules that apply to Federal contractors contractors are different from those that are different from those that apply to recipients of Federalapply to recipients of Federal financial financial assistanceassistance

Federal Federal contractorscontractors are entities that enter are entities that enter into agreements with the Federal into agreements with the Federal Government for the purchase, sale, or Government for the purchase, sale, or use of real or personal property or non-use of real or personal property or non-personal services (they are personal services (they are notnot grantees) grantees)

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IV.IV. Appropriate Use of Federal SupportAppropriate Use of Federal Support

Nondiscrimination requirements that apply to Nondiscrimination requirements that apply to Federal Federal contractorscontractors are in Executive Order (EO) are in Executive Order (EO) 11246. Additional nondiscrimination requirements 11246. Additional nondiscrimination requirements that apply to Job Corps contractors can be found in that apply to Job Corps contractors can be found in 29 CFR Part 3729 CFR Part 37

The President amended EO 11246 in December The President amended EO 11246 in December 2002 to permit covered Federal 2002 to permit covered Federal contractorscontractors (not (not grantees) to make employment decisions based grantees) to make employment decisions based on religionon religion

USDOL published new rules in the USDOL published new rules in the Federal RegisterFederal Register implementing this change on September 30, 2003implementing this change on September 30, 2003

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Legal Guidance for the WIA SystemLegal Guidance for the WIA System

White House Office of Faith-Based and Community White House Office of Faith-Based and Community InitiativesInitiatives

www.whitehouse.gov/government/fbci/guidance/index.htwww.whitehouse.gov/government/fbci/guidance/index.htmlml

USDOL Center for Faith-Based and Community InitiativesUSDOL Center for Faith-Based and Community Initiativeswww.dol.gov/cfbci/legalguidance.htmwww.dol.gov/cfbci/legalguidance.htm

USDOL Civil Rights CenterUSDOL Civil Rights Centerwww.dol.gov/oasam/programs/crc/crcwelcome.htmwww.dol.gov/oasam/programs/crc/crcwelcome.htm

Job Corps PRH WebsiteJob Corps PRH Websitejobcorps.doleta.gov/docs/prh.pdfjobcorps.doleta.gov/docs/prh.pdf

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How to contact usHow to contact us

Rhett Butler, USDOL CFBCIRhett Butler, USDOL CFBCIE-mail: E-mail: butler.rhett@dol.govbutler.rhett@dol.govVoice phone: 202-693-6450Voice phone: 202-693-6450

Robin McDonald, USDOL CFBCIRobin McDonald, USDOL CFBCIE-mail: E-mail: mcdonald.robin@dol.govmcdonald.robin@dol.govVoice phone: 202-693-6450Voice phone: 202-693-6450

Denise Sudell, Civil Rights CenterDenise Sudell, Civil Rights CenterE-mail: E-mail: sudell.denise@dol.govsudell.denise@dol.govVoice phone: 202-693-6554Voice phone: 202-693-6554

All of the above phone numbers may be reached by TTY All of the above phone numbers may be reached by TTY via thevia the

Federal Relay Service, 800-877-8339Federal Relay Service, 800-877-8339