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NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.2 – Page 15

Rev. 4/2025 Federal Disability Laws and Employment Requirements The Personal Responsibility and Work Opportunities Reconciliation Act (PRWORA) requires that Title II of the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) apply to TANF programs. The ADA (42USC Section 12101 et seq.; 28 CFR Part 35) applies to states, counties and other local governments administering all or part of a TANF program, and Section 504 (29 USC Section 794; 45 CFR Part 84) applies to entities which receive federal funding, either directly or indirectly, through a grant, contract or subcontract. The ADA and Section 504, as they apply to TA and SNAP employment programs, require that districts: • ensure equal access to employment programs for qualified people with disabilities through the provision of appropriate services; • adopt methods of administration which do not discriminate against, and which ensure equal access and opportunity to qualified individuals with disabilities; and • modify policies, practices, and procedures to provide equal access which allows qualified individuals with disabilities to participate in and benefit from employment programs unless doing so would fundamentally change the program or cause an undue hardship. Equal Access To ensure that individuals with disabilities are provided with equal access to employment programs, districts must first assess individuals’ specific abilities and limitations, and may not make work activity assignments based on generalizations or stereotypes. For example, a district may not determine that any individual with a disability is to be assigned to the same activity or to no activity. Reasonable Accommodations Qualified individuals with disabilities must be provided reasonable accommodations so they have an opportunity to participate in and benefit from services and programs in a manner that is as effective and meaningful as the opportunities available to individuals without disabilities unless doing so would fundamentally change the program or cause the district an undue hardship. The district, when developing the employability plan as described in 18 NYCRR 385.6 and 385.7, should determine what activities are appropriate and available and what accommodations are necessary to allow the individual to participate. Additionally, individuals with disabilities may require accommodation when scheduling appointments. For example, when assigning an individual to appear for an assessment, the district should consider if the individual needs to be seen with a short waiting period. A discussion of determining appropriate activity assignments is provided below.