§9858l Nondiscrimination

Summary

Requires child care providers who get federal help to follow rules about religion. Religious groups that run providers may still require staff to follow their religious beliefs and may ban drug or alcohol use. Providers (not including family child care homes) cannot refuse child care services to a child because of the child’s religion. For slots not paid with the federal help, a provider may pick children who already take part in the organization’s regular activities. Says providers that get federal help must not refuse to hire people whose main job is caring for children because of religion. If two applicants are equally qualified, a provider may pick someone already active in the organization. The hiring rule does not apply to employees working there on November 5, 1990. If federal and state programs make up 80 percent or more of a provider’s budget, the Secretary won’t give more funds unless the grant or the provider’s rules promise no religious discrimination in hiring (for direct child-care staff) or admissions. Federal funds under this program can be spent in religious institutions even if state law usually bars public money there.