§9858l Nondiscrimination

Summary

Protects children and employees at child care programs that get money under this law from being treated differently because of religion, with some limits for faith-based groups. A religious organization can require staff to follow its beliefs and can forbid drug or alcohol use. Child care centers that get these funds must not turn away children or refuse to hire people who will work directly with children because of religion. They may, however, fill non-funded slots or hire a qualified person who already takes part in the organization’s regular activities. The hiring rule does not apply to workers employed on November 5, 1990. If 80 percent or more of a provider’s budget comes from federal or state help, the agency will only give more funds if the grant or the provider’s rules promise no religious discrimination in hiring staff who work with children and in admissions. State rules that ban public money going to religious institutions still stand, but those state rules cannot stop the spending of the federal funds provided under this law in sectarian institutions.