(a) Religious organizations must be eligible, on the same basis as
any other organization, to seek DOL support or participate in DOL
programs for which they are otherwise eligible. DOL, DOL social service
intermediary providers, as well as State and local governments
administering DOL support, must not discriminate for or against an
organization on the basis of the organization's religious character or
affiliation, although this requirement does not preclude DOL, DOL
social service providers, or State and local governments administering
DOL support from accommodating religion in a manner consistent with the
Establishment Clause. In addition, because this rule does not affect
existing constitutional requirements, DOL, DOL social service providers
(insofar as they may otherwise be subject to any constitutional
requirements), and State and local governments administering DOL
support must continue to comply with otherwise applicable
constitutional principles, including, among others, those articulated
in the Establishment, Free Speech, and Free Exercise Clauses of the
First Amendment to the Constitution.
(b) A religious organization that is a DOL social service provider
retains its independence from Federal, State, and local governments and
must be permitted to continue to carry out its mission, including the
definition, practice, and expression of its religious beliefs, subject
to the provisions of Sec. 2.33 of this subpart. Among other things,
such a religious organization must be permitted to:
(1) Use its facilities to provide DOL-supported social services
without removing or altering religious art, icons, scriptures, or other
religious symbols from those facilities; and
(2) Retain its authority over its internal governance, including
retaining religious terms in its name, selecting its board members on a
religious basis, and including religious references in its mission
statements and other governing documents.
(c) A grant document, contract or other agreement, covenant,
memorandum of understanding, policy, or regulation that is used by DOL,
a State or local government administering DOL support, or a DOL social
service intermediary provider must not require only religious
organizations to provide assurances that they will not use direct DOL
support for inherently religious activities. Any such requirements must
apply equally to both religious and other organizations. All
organizations, including religious ones, that are DOL social service
providers must carry out DOL-supported activities in accordance with
all applicable legal and programmatic requirements, including those
prohibiting the use of direct DOL support for inherently religious
activities. A grant document, contract or other agreement, covenant,
memorandum of understanding, policy, or regulation that is used by DOL,
a State or local government, or a DOL social service intermediary
provider in administering a DOL social service program must not
disqualify organizations from receiving DOL support or participating in
DOL programs on the grounds that such organizations are motivated or
influenced by religious faith to provide social services, have a
religious character or affiliation, or lack a religious component.
