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

Section 385.2 – Page 16

Rev. 4/2025 For more information regarding federal disability laws, districts may refer to the federal statutes and regulations cited above, or visit the United States Department of Health and Human Services Office for Civil Rights website at https://www.hhs.gov/ocr/index.html. Grievance Procedure Whenever an individual requests a reasonable accommodation, the district must record the request, including the district’s response, in the individual’s case record. If an individual who has requested an accommodation believes they have not been adequately accommodated, the individual may request in writing to have the matter resolved through the district’s grievance procedure as described in 18 NYCRR 385.11(b). The grievance procedure is to be applied whenever an individual who has requested a specific accommodation believes that the district has not adequately responded to the request. The district has thirty (30) days from the date of the written request to resolve the grievance and must provide for at least one meeting with the individual, appropriate staff and the mediator. The district must also provide the individual with the results of the grievance procedure in writing. If the matter is not resolved through the grievance procedure, the individual must be informed of the right to a fair hearing. The grievance procedure is not used for disputes regarding the district’s determination of the exempt/non-exempt status, which is disputed through the fair hearing process, as described in the disability review procedure below. Participation Requirements During Grievance During the grievance process, the individual may not be sanctioned for failing or refusing to comply with the disputed activity or appointment, however, consistent with 18 NYCRR 385.11(b), the individual may be required to participate throughout the adjudication process. If the individual’s grievance alleges that the worksite is not appropriately accommodating the individual’s health limitations, the individual may not be required to perform the specific worksite tasks at issue until the district determines the individual’s limitations are being accommodated. Voluntary Disclosure In general circumstances, the United States Department of Health and Human Services prohibits requiring an individual to disclose a disability. Therefore, general screening for a disability, including learning disabilities and mental health disorders, must be voluntary for TA clients. Nonetheless, districts must inquire about an individual’s health-related limitations to determine appropriate work assignments. Districts are encouraged to offer screenings as part of a mandatory employment assessment. If an individual refuses to disclose or cooperate with efforts to identify a suspected disability, the district should discuss the following with the individual: • An impairment is suspected and that disclosure is voluntary; • The steps the district wishes the individual to take to identify the suspected impairment;