
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9858l]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
         SUBCHAPTER II-B--CHILD CARE AND DEVELOPMENT BLOCK GRANT
 
Sec. 9858l. Nondiscrimination


(a) Religious nondiscrimination

                          (1) Construction

        (A) In general

            Except as provided in subparagraph (B), nothing in this 
        section shall be construed to modify or affect the provisions of 
        any other Federal law or regulation that relates to 
        discrimination in employment on the basis of religion.

        (B) Exception

            A sectarian organization may require that employees adhere 
        to the religious tenets and teachings of such organization, and 
        such organization may require that employees adhere to rules 
        forbidding the use of drugs or alcohol.

                  (2) Discrimination against child

        (A) In general

            A child care provider (other than a family child care 
        provider) that receives assistance under this subchapter shall 
        not discriminate against any child on the basis of religion in 
        providing child care services.

        (B) Non-funded child care slots

            Nothing in this section shall prohibit a child care provider 
        from selecting children for child care slots that are not funded 
        directly with assistance provided under this subchapter because 
        such children or their family members participate on a regular 
        basis in other activities of the organization that owns or 
        operates such provider.

                      (3) Employment in general

        (A) Prohibition

            A child care provider that receives assistance under this 
        subchapter shall not discriminate in employment on the basis of 
        the religion of the prospective employee if such employee's 
        primary responsibility is or will be working directly with 
        children in the provision of child care services.

        (B) Qualified applicants

            If two or more prospective employees are qualified for any 
        position with a child care provider receiving assistance under 
        this subchapter, nothing in this section shall prohibit such 
        child care provider from employing a prospective employee who is 
        already participating on a regular basis in other activities of 
        the organization that owns or operates such provider.

        (C) Present employees

            This paragraph shall not apply to employees of child care 
        providers receiving assistance under this subchapter if such 
        employees are employed with the provider on November 5, 1990.

               (4) Employment and admission practices

        Notwithstanding paragraphs (1)(B), (2), and (3), if assistance 
    provided under this subchapter, and any other Federal or State 
    program, amounts to 80 percent or more of the operating budget of a 
    child care provider that receives such assistance, the Secretary 
    shall not permit such provider to receive any further assistance 
    under this subchapter unless the grant or contract relating to the 
    financial assistance, or the employment and admissions policies of 
    the provider, specifically provides that no person with 
    responsibilities in the operation of the child care program, 
    project, or activity of the provider will discriminate against any 
    individual in employment, if such employee's primary responsibility 
    is or will be working directly with children in the provision of 
    child care, or admissions because of the religion of such 
    individual.

(b) Effect on State law

    Nothing in this subchapter shall be construed to supersede or modify 
any provision of a State constitution or State law that prohibits the 
expenditure of public funds in or by sectarian institutions, except that 
no provision of a State constitution or State law shall be construed to 
prohibit the expenditure in or by sectarian institutions of any Federal 
funds provided under this subchapter.

(Pub. L. 97-35, title VI, Sec. 658N, as added Pub. L. 101-508, title V, 
Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-245; amended Pub. L. 102-401, 
Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102-586, Sec. 8(c)(1), 
Nov. 4, 1992, 106 Stat. 5036.)


                               Amendments

    1992--Pub. L. 102-401 and Pub. L. 102-586 made identical technical 
corrections to directory language of Pub. L. 101-508, Sec. 5082(2), 
which added this section.
