1
Partnering With Integrity

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

2
What are the goals of the Faith-Based and
Community Initiative (FBCI)?

• To expand opportunities for faith-based and
  community organizations (FBCOs) to meet the
  social needs of Americans
• To ensure the equal treatment of FBCOs in the
  administration and distribution of Federal
  financial assistance
• To protect the religious liberty of FBCOs that
  partner with the Federal government and of
  participants in Federally supported social
  service programs

3
Changes to USDOL regulations andsub-regulatory
policies

• Goals of reforms undertaken by U.S. Department of
  Labor (USDOL)
• Removing barriers to FBCO participation in USDOL
  social service programs
• Protecting the religious liberty of
• (1) FBCOs that receive Federal financial
  assistance
• (2) participants in programs operated by these
  FBCOs
• Regulatory changes were published in the Federal
  Register on July 12, 2004

4
Where can I find the relevant changes?

• New equal treatment regulations (29 CFR Part 2,
  Subpart D)
• Workforce Investment Act (WIA) nondiscrimination
  and programmatic regulations (29 CFR 37.6(f) 20
  CFR 667.266 and 667.275)
• Job Corps regulations (20 CFR 670.555)
• Job Corps Policy and Requirements Handbook
  (PRH)Sections 6.8 (Civil and Legal Rights), 2.2,
  3.17, 5.4 and 6.9

5
The USDOL equal treatment regulations

• Apply to all providers that implement USDOL
  supported social service programs, including
• For-profit and non-profit organizations,
  including FBCOs
• State and local governments
• One-Stop system
• Job Corps Center operators contractors
• Govern the administration and distribution of
  USDOL support

6
The USDOL equal treatment regulations

• Apply equally to
• USDOL support
• State funds commingled with Federal funds
• Funds the State is required to contribute under
  a matching or grant agreement
• Embody core principles of the FBCI at USDOL

7
Core Principles of the Faith-Based and Community
Initiative at USDOL

• I. Equal Opportunity for All Organizations
• II. Respect for the Faith of Faith-Based
  Organizations (FBOs)
• III. Respect for the Religious Liberty of
  Beneficiaries
• IV. Appropriate Use of Federal Support

8
I. Equal Opportunity for All Organizations

• In the administration of USDOL social service
  programs
• No organization may be discriminated for or
  against on the basis of religious character or
  affiliation
• No eligible organization may be denied the
  opportunity to compete for or receive USDOL and
  other Federal financial assistance based upon the
  organizations religious character or affiliation

9
I. Equal Opportunity for All Organizations

• Federal, State, or other mechanisms through which
  Federal support is provided to organizations (for
  example, a mechanism giving out vouchers for job
  training) must, by law, be neutral with respect
  to religion
• Example The entity selecting organizations to
  be placed on a list of eligible training
  providers under WIA must neither favor nor
  disfavor an organization based on religion.

10
II. Respect the Faith of Faith-Based
Organizations

• Faith-based organizations that receive USDOL
  support may
• continue to carry out their religious activities
• keep religious signs or symbols in their
  facilities
• continue to select their board members (including
  members of the clergy) and otherwise govern
  themselves on a religious basis
• offer voluntary religious activities to program
  participantskeep in mind that no direct
  Federal support can be used for religious
  activities and these activities must be separate
  in time or location from Federally supported
  activities and voluntary for program participants

11
III. Respect for the Religious Liberty of
Beneficiaries

• Prospective or active program participants
• Must not be treated differently because of their
  religion or religious beliefs (or lack thereof)
• Must be permitted to freely express their views
  and exercise their right to religious freedom
• Must be provided with reasonable accommodation
  for their religious beliefs in programs
  reasonableness is determined on a
  case-by-case-basis, with regard to the particular
  circumstances involved
• Must be informed that participation in inherently
  religious activities is voluntary, and that their
  choice whether or not to participate will not
  affect the quality of the service they receive

12
IV. Appropriate Use of Federal Support

• What is USDOL support?
• Defined in 29 CFR 2.31(g) as Federal financial
  assistance, as well as procurement funding,
  provided to a non-Federal organization to support
  the organizations administration of or
  participation in a USDOL social service program.
• Includes grants, contracts, cooperative
  agreements, and other arrangements
• Includes monetary and non-monetary assistance
  (e.g., in-kind contributions, frequent use of
  Federally-supported property, etc.)

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IV. Appropriate Use of Federal Support

• Determined by the type of Federal support and how
  the support relates to inherently religious
  activities
• What are examples of inherently religious
  activities?
• Religious worship
• Religious instruction
• Religious proselytizing

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IV. Appropriate Use of Federal Support

• To know how religion can be involved in services
  provided with Federal support, the first question
  is whether the Federal support is indirect

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IV. Appropriate Use of Federal Support

• Federal support is considered indirect when
• Beneficiaries are given genuine, independent
  choices about where to direct the aid, including
  having at least one option to which the
  beneficiary has no religious objection
• Beneficiaries freely choose where to direct the
  aid

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IV. Appropriate Use of Federal Support

• So long as the tests for indirect support
  listed on the previous slide are satisfied, the
  following mechanisms can be considered indirect
  support
• Individual Training Accounts (ITAs)
• Personal Reemployment Accounts (PRAs)

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IV. Appropriate Use of Federal Support

• Federal support is considered direct unless it
  satisfies the tests for indirect support (see
  slide 15)
• Some examples of direct Federal support
  include
• Grants
• Sub-awards
• Contracts
• Cooperative agreements
• USDOL formula grant funds

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IV. Appropriate Use of Federal Support

• There are different rules that apply to how FBCOs
  may use direct and indirect support
• What rules apply when Federal support is
  direct?
• What rules apply when Federal support is
  indirect?

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IV. Appropriate Use of Federal Support

• When FBCOs receive direct support, the
  following rules apply
• (1) Direct support must not be used for
  inherently religious activities
• (2) Organizations may still engage in inherently
  religious activities, but these activities must
  be kept separate in time or location from
  Federally-supported services
• (3) All inherently religious activities must be
  voluntary for program participants and
  beneficiaries

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IV. Appropriate Use of Federal Support

• When FBCOs receive indirect support, the
  following rules apply
• (1) Inherently religious activities can be made
  an integrated part of the regular training
  program. Participation by the customer in these
  religious activities is considered voluntary
  because it is the customer who has freely chosen
  to participate in the training program
• (2) As a result, customers can be required to
  participate fully in the training program,
  including any inherently religious activities

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IV. Appropriate Use of Federal Support

• State and local areas develop standards and
  procedures by which organizations may qualify as
  Eligible Training Providers (ETPs). FBCOs that
  apply and that meet all requirements are placed
  on the ETP list.
• Eligible Training Providers that receive
  indirect USDOL support through an Individual
  Training Account (ITA), Personal Reemployment
  Account (PRA), or similar mechanism may
• (1) make inherently religious activities an
  integrated part of their regular training program
• (2) require customers to participate fully in
  their program, including any inherently religious
  activities

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IV. Appropriate Use of Federal Support

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

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IV. Appropriate Use of Federal Support

• To become an Eligible Training Provider, an
  organization must submit an application to the
  Local Workforce Investment Board, following local
  procedures and deadlines
• The applicable local procedures generally require
  a description of each training program and, for
  established programs, information on past
  performance and cost
• To promote genuine choice, program descriptions
  should briefly identify any religious elements

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IV. Appropriate Use of Federal Support

• Among the provisions of Section 188 of WIA that
  apply to all recipients (including FBCOs) is a
  prohibition on employment decisions based on
  religion for positions that administer, or are
  connected with, programs and activities that
  receive WIA financial assistance
• Section 188 does not apply to employment
  decisions made (1) before an organization first
  received financial assistance under WIA, or (2)
  for programs and activities that do not receive
  WIA financial assistance

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IV. Appropriate Use of Federal Support

• The rules that apply to Federal contractors are
  different from those that apply to recipients of
  Federal financial assistance
• Federal contractors are entities that enter into
  agreements with the Federal Government for the
  purchase, sale, or use of real or personal
  property or non-personal services (they are not
  grantees)

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IV. Appropriate Use of Federal Support

• Nondiscrimination requirements that apply to
  Federal contractors are in Executive Order (EO)
  11246. Additional nondiscrimination requirements
  that apply to Job Corps contractors can be found
  in 29 CFR Part 37
• The President amended EO 11246 in December 2002
  to permit covered Federal contractors (not
  grantees) to make employment decisions based on
  religion
• USDOL published new rules in the Federal Register
  implementing this change on September 30, 2003

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Legal Guidance for the WIA System

• White House Office of Faith-Based and Community
  Initiatives
• www.whitehouse.gov/government/fbci/guidance/index.
  html
• USDOL Center for Faith-Based and Community
  Initiatives
• www.dol.gov/cfbci/legalguidance.htm
• USDOL Civil Rights Center
• www.dol.gov/oasam/programs/crc/crcwelcome.htm
• Job Corps PRH Website
• jobcorps.doleta.gov/docs/prh.pdf

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How to contact us

• Rhett Butler, USDOL CFBCI
• E-mail butler.rhett_at_dol.gov
• Voice phone [phone]
• Robin McDonald, USDOL CFBCI
• E-mail mcdonald.robin_at_dol.gov
• Voice phone [phone]
• Denise Sudell, Civil Rights Center
• E-mail sudell.denise_at_dol.gov
• Voice phone [phone]
• All of the above phone numbers may be reached by
  TTY via the
• Federal Relay Service, 800-877-8339