HomeMy WebLinkAboutExhibit 2Department of Justice
Office of Justice Programs
Office for Civil Rights
Washington, D.C. 20531
September 13, 2005
Mr, Joe Arriola
Miami Police Department
400 NW 2nd Ave.
Miami, FL 33128
Dear Mr. Arriola
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt
of Federal fiinding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of
Justice Programs (OW), U.S. Department of Justice is responsible for ensuring that recipients of' financial aid
from OW, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office
of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that
come with Justice Department funding.
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,
color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to
employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs
or activities from discriminating on the basis of age in the delivery of services or benefits,
In addition to these general prohibitions, your 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), must meet two additional requirements:( I) 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)).
Complying with the EEOP Requirement
In accordance with Federal regulations, and Assurance No. 6 in the Standard Assurances, 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 ESOP, please
consult OCR's website at http;/Jwww,ojp.usdoj,gov/ocr/. 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 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 13 of the enclosed Certification Form and return it to OCR.
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 enclosed Certification Form and return I to OCR.
Submitting Findings of Discrimination
In the event a Federal or State court ur Federal or State administrative agency makes an adverse finding of
discnmination 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.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with recent Department ofJustice Guidance pertaining to Title VII of the Civil Rights Act of 1964,
42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful
access to their programs and activities for persons with limited English proficiency (LEP). For more information
on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please
sec the website www.lep.gov.
Ensuring the Compliance of Suhrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also
comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing
and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons.
State agencies that make subawards must have in place standard grant assurances and review procedures to
demonstrate that they arc effectively monitoring the civil rights compliance of subrecipients.
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 discriniination 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.
Ensuring Equal Treatment for Faith -Based Organizations
The Department ofJustice has published a regulation specifically pertaining to the funding of faith -based
organizations. In general, the regulation, 28 C.F.R. part 38, requires State Administering Agencies to treat these
organizations the same as any other applicant or recipient. The regulation prohibits State Administering
Agencies from making award or grant administration decisions on the basis of an organization's religious
character or affiliation, religious name, or the religious composition of its board of directors.
The regulation also prohibits faith -based organizations from using direct financial assistance from the
Department ofJustice to fund inherently religious activities. While faith -based organizations can engage in
non -funded inherently religious activities, they must be held separately from the Department ofJustice funded
program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment
Regulation also makes clear that organizations participating in programs directly funded by the Department of
Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For
more information on the regulation, please see OCR's website at http://www.ojp,usdoigov/ocriedbo.him.
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.govlocr/. Questions about the regulation or the statutes that prohibit
discrimination in employment may be directed to this Office.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding,
please call OCR at (202) 307-0690 or vigil our website al http://www.ojp.usdoj.gov/ocr/.
Sincerely,
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst