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Delaware TANF State Plan 10-1-23 to 09-30-26 Page 20 of 59

DSS workers report that the screening frequently reveals significant domestic issues that participants are encouraged to resolve. By utilizing the screening tools, workers are able to refer participants for assistance. Further efforts to assist individuals to resolve abuse situations are described in the section, Statutory Rape Prevention.

Protecting Current Workers from Displacement

DSS conforms to Section (a)(5) of the Federal Unemployment Tax Act which requires that a job offered cannot be available as a result of a strike or labor dispute, that the job cannot require the employee to join or prohibit the employee from joining a labor organization, and that program participants are not used to displace regular workers.

In addition, DSS ensures that no participants, including but not limited to those placed in a work experience placement, displace regular paid employees of any of the organizations providing the work experience placement. Such assurance complies with State law contained in 31 Delaware Code, Chapter 9, Section 905(b). This assurance also complies with Section 407(f) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), which requires that DSS will not use federal funds under TANF to place individuals in a work activity when: • Any individual is on a layoff from the same or an equivalent job; or • The employer has terminated any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy created with an adult receiving TANF benefits.

In addition, DSS has established a grievance procedure, in conformance with Section 407(f)(3) of PRWORA, for resolving complaints for any alleged violation of non-displacement requirements. Employees or their representatives who believe that their jobs are being displaced or infringed upon shall present their complaint to the employment contractor with authority over the placement. If the contractor is unable to resolve the problem within 15 days, the employee or representative may file a formal grievance in writing to the DSS Director's Office, who will hear a formal grievance. The employee will have an opportunity to: present his or her grievance on the record; present evidence; bring witnesses and cross-examine witnesses; be represented by counsel; and receive a written decision.

Grievance hearings will be scheduled within 30 calendar days of receipt of the formal grievance, and a written decision will be issued