[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR54.6]



[Page 234]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 54_CHARITABLE CHOICE REGULATIONS APPLICABLE TO STATES RECEIVING 

SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANTS AND/OR PROJECTS 

FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS GRANTS--Table of Contents

 

Sec. 54.6  Employment practices.



    (a) The participation of a religious organization in, or its receipt 

of funds from, an applicable program does not affect that organization's 

exemption provided under 42 U.S.C. 2000e-1 regarding employment 

practices.

    (b) To the extent that 42 U.S.C. 300x-57(a)(2) or 42 U.S.C. 290cc-

33(a)(2) precludes a program participant from employing individuals of a 

particular religion to perform work connected with the carrying on of 

its activities, those provisions do not apply if such program 

participant is a religious corporation, association, educational 

institution, or society and can demonstrate that its religious exercise 

would be substantially burdened by application of these religious 

nondiscrimination requirements to its employment practices in the 

program or activity at issue. In order to make this demonstration, the 

program participant must certify: that it sincerely believes that 

employing individuals of a particular religion is important to the 

definition and maintenance of its religious identity, autonomy, and/or 

communal religious exercise; that it makes employment decisions on a 

religious basis in analogous programs; that the grant would materially 

affect its ability to provide the type of services in question; and that 

providing the services in question is expressive of its values or 

mission. The organization must maintain documentation to support these 

determinations and must make such documentation available to SAMHSA upon 

request.

    (c) Nothing in this section shall be construed to modify or affect 

any State law or regulation that relates to discrimination in 

employment.

    (d) The phrases ``with respect to the employment,'' ``individuals of 

a particular religion,'' and ``religious corporation, association, 

educational institution, or society'' shall have the same meaning as 

those terms have under section 702 of the Civil Rights Act of 1964, 42 

U.S.C. 2000e-1(a).