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North Carolina
54 The county department of social services/agencies are required to inform the applicant or recipient that disclosure of a disability is voluntary. This includes screening for a disability, including learning disabilities and mental health disorders. Nonetheless, counties must inquire about an individual’s health related limitations to determine the appropriate work assignments. The participant does not have to provide the information. Individuals, who believe they have been discriminated against based on disability (including failure to provide reasonable accommodation), race, national origin (including the failure to provide access to services to people with limited English proficiency) may file a complaint with the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services.
There are times when identification and treatment of a disability are necessary for program administration. Under these circumstances, a participant may be required to participate in efforts to evaluate a suspected disability and participate in necessary treatment. Those circumstances may include:
A. If a participant reports they are unable to work or have limited work capacity the individual may be required to substantiate their statements by providing medical documentation, and/or participating in screenings and evaluations as agreed on the MRA/Outcome Plan. Failure to comply may result in a sanction of benefits. All participants are given an opportunity to provide any required medical documentation before a sanction of their benefits occurs. B. If a participant has demonstrated an inability to successfully participate in work activities, or employment and the worker has reason to believe this is due to a disability or work limitation; the county may require the participant to be screened or evaluated to establish the necessary services to support the participant in achieving success in the Work First program. If the screening or evaluation determines that the participant requires treatment, the participant may be required to participate in the necessary treatment as a condition of the MRA/Outcome Plan.
Individuals with confirmed disabilities must be provided with reasonable accommodations and services to support their participation in employment and work- related activities.
TITLE VI REQUIREMENTS (ALL COUNTIES)
In accordance with federal law and U.S. Department of Health and Human Services (HHS) policy, county departments of social services/agencies are prohibited from discriminating against any person based on race, color, national origin, sex, age, religion, political affiliation or disability in admission, treatment or participation in its programs, services activities, or in employment. All counties are required to establish policies and practices in compliance with Title VI of the Social Security Act, as well as the provision of interpreter services for its citizens that require such accommodations.
To ensure equal access to employment programs, the Work First staff must screen and assess all applicants and participants to determine the individual’s specific abilities and limitations. Screenings and assessments will occur periodically to address potential program participation barriers.