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(a) In general, except as provided in paragraph (b) of this section, nothing in this part modifies or
affects the provision of any other applicable Federal law and regulation relating to discrimination in
employment on the basis of religion.
(1) Child care providers that receive assistance through grants or contracts under the CCDF shall not
discriminate, on the basis of religion, in the employment of caregivers as defined in § 98.2.
(2) If two or more prospective employees are qualified for any position with a child care provider, this
section shall not prohibit the provider from employing a prospective employee who is already
participating on a regular basis in other activities of the organization that owns or operates the provider.
(3) Paragraphs (a)(1) and (2) of this section shall not apply to employees of child care providers if such
employees were employed with the provider on November 5, 1990.
(b) Notwithstanding paragraph (a) of this section, a sectarian organization may require that employees
adhere to the religious tenets and teachings of such organization and to rules forbidding the use of
drugs or alcohol.
(c) Notwithstanding paragraph (b) of this section, if 80 percent or more of the operating budget of a
child care provider comes from Federal and State funds, including direct and indirect assistance under
the CCDF, the Lead Agency shall assure that, before any further CCDF assistance is given to the
provider,
(1) The grant or contract relating to the assistance, or
(2) The employment policies of the provider specifically provide that no person with responsibilities in
the operation of the child care program will discriminate, on the basis of religion, in the employment of
any individual as a caregiver, as defined in § 98.2.
HISTORY:
[57 FR 34413, Aug. 4, 1992; 63 FR 39936, 39988, July 24, 1998]
PHOTOCOPY
PRESERVATION
AUTHORITY:
AUTHORITY NOTE APPLICABLE TO ENTIRE PART:
42 U.S.C. 618, 9858.
NOTES:
[EFFECTIVE DATE NOTE: 63 FR 39936, 39988, July 24, 1998, revised Part 98, effective Aug. 24, 1998.]
300 words
LEXIS PUBLISHING'S CODE OF FEDERAL REGULATIONS
Copyright © 2000, LEXIS Publishing
*** THIS SECTION IS CURRENT THROUGH THE JUNE 26, 2000 ISSUE OF ***
*** THE FEDERAL REGISTER ***
34 of 72
7/13/2000 12:40 PM
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"ocrText": "LEXIS®-NEXIS® View Printable Page\nhttp://web.lexis-nexis.com/In.universe/search/submitViewTagged\n(a) In general, except as provided in paragraph (b) of this section, nothing in this part modifies or\naffects the provision of any other applicable Federal law and regulation relating to discrimination in\nemployment on the basis of religion.\n(1) Child care providers that receive assistance through grants or contracts under the CCDF shall not\ndiscriminate, on the basis of religion, in the employment of caregivers as defined in § 98.2.\n(2) If two or more prospective employees are qualified for any position with a child care provider, this\nsection shall not prohibit the provider from employing a prospective employee who is already\nparticipating on a regular basis in other activities of the organization that owns or operates the provider.\n(3) Paragraphs (a)(1) and (2) of this section shall not apply to employees of child care providers if such\nemployees were employed with the provider on November 5, 1990.\n(b) Notwithstanding paragraph (a) of this section, a sectarian organization may require that employees\nadhere to the religious tenets and teachings of such organization and to rules forbidding the use of\ndrugs or alcohol.\n(c) Notwithstanding paragraph (b) of this section, if 80 percent or more of the operating budget of a\nchild care provider comes from Federal and State funds, including direct and indirect assistance under\nthe CCDF, the Lead Agency shall assure that, before any further CCDF assistance is given to the\nprovider,\n(1) The grant or contract relating to the assistance, or\n(2) The employment policies of the provider specifically provide that no person with responsibilities in\nthe operation of the child care program will discriminate, on the basis of religion, in the employment of\nany individual as a caregiver, as defined in § 98.2.\nHISTORY:\n[57 FR 34413, Aug. 4, 1992; 63 FR 39936, 39988, July 24, 1998]\nPHOTOCOPY\nPRESERVATION\nAUTHORITY:\nAUTHORITY NOTE APPLICABLE TO ENTIRE PART:\n42 U.S.C. 618, 9858.\nNOTES:\n[EFFECTIVE DATE NOTE: 63 FR 39936, 39988, July 24, 1998, revised Part 98, effective Aug. 24, 1998.]\n300 words\nLEXIS PUBLISHING'S CODE OF FEDERAL REGULATIONS\nCopyright © 2000, LEXIS Publishing\n*** THIS SECTION IS CURRENT THROUGH THE JUNE 26, 2000 ISSUE OF ***\n*** THE FEDERAL REGISTER ***\n34 of 72\n7/13/2000 12:40 PM"
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