(a) DOL, DOL social service intermediary providers, DOL social
service providers in their use of direct DOL support, and State and
local governments administering DOL support must not, when providing
social services, discriminate for or against a current or prospective
program beneficiary on the basis of religion or religious belief. This
requirement does not preclude DOL, DOL social service intermediary
providers, or State or local governments administering DOL support from
accommodating religion in a manner consistent with the Establishment
Clause of the First Amendment to the Constitution.
(b)(1) DOL, DOL social service providers, and State and local
governments administering DOL support must ensure that they do not use
direct DOL support for inherently religious activities such as worship,
religious instruction, or proselytization. DOL social service providers
must be permitted to offer inherently religious activities so long as
they offer those activities separately in time or location from social
services receiving direct DOL support, and participation in the
inherently religious activities is voluntary for the beneficiaries of
social service programs receiving direct DOL support. For example,
participation in an inherently religious activity must not be a
condition for participating in a directly-supported social service
program.
(2) This regulation is not intended to and does not restrict the
exercise of rights or duties guaranteed by the Constitution. For
example, program officials must not impermissibly restrict the ability
of program beneficiaries or DOL social service providers to freely
express their views and to exercise their right to religious freedom.
Additionally, subject to reasonable and permissible time, place and
manner restrictions, residential facilities that receive DOL support
must permit residents to engage in voluntary religious activities,
including holding religious services, at these facilities.
(3) Notwithstanding the requirements of paragraph (b)(1), and to
the extent
[[Page 41893]]
otherwise permitted by Federal law (including constitutional
requirements), direct DOL support may be used to support inherently
religious activities, and such activities need not be provided
separately in time or location from other DOL-supported activities,
under the following circumstances:
(i) Where DOL support is provided to chaplains to work with inmates
in prisons, detention facilities, or community correction centers
through social service programs;
(ii) Where DOL support is provided to social service programs in
prisons, detention facilities, or community correction centers, in
which social service organizations assist chaplains in carrying out
their duties; or
(iii) Where DOL-supported social service programs involve such a
degree of government control over the program environment that
religious exercise would be significantly burdened absent affirmative
steps by DOL or its social service providers.
(c) To the extent otherwise permitted by Federal law, the
restrictions set forth in this section regarding the use of direct DOL
support do not apply to social service programs where DOL support is
provided to a religious or other non-governmental organization
indirectly within the meaning of the Establishment Clause of the First
Amendment to the Constitution. Religious or other non-governmental
organizations will be considered to have received support indirectly,
for example, if as a result of a program beneficiary's genuine and
independent choice the beneficiary redeems a voucher, coupon, or
certificate that allows the beneficiary to choose the service provider,
or some other mechanism is provided to ensure that beneficiaries have a
genuine and independent choice among providers or program options. All
organizations must, however, satisfy all applicable legal and
programmatic requirements.
