Page 282

TANF POLICY MANUAL

_____________________________________________________________________________________________ 282

Public entities and private contractors that contract with the State to administer welfare programs are subject to the nondiscrimination statutes because they act as agents of DSS in carrying out the program or activity, not because they are recipients of federal assistance.

DSS may not exclude or deny welfare benefits to persons based on their race, color, national origin, disability, or age, or on the basis of sex in education programs.

Examples: DSS caseworkers may not reject an applicant for benefits because he/she is or appears to be an African-American, Hispanic, Asian, American Indian, Alaskan Native, or a member of another racial or ethnic group. If an applicant declares that he/she is a U.S. citizen, no further verification is required unless there is reason to question the statement. Caseworkers may not reject an application based on the assumption that a person with a foreign-sounding last name is not a citizen and therefore not eligible. Neither DSS caseworkers nor the employees of a TANF contractor may deny benefits to persons who are not fluent in English because they assume persons who are, or appear to be, from other countries and are not English proficient, are not eligible for such benefits.

DSS may not impose different standards or procedures to determine who may receive benefits on the basis of race, color, national origin, disability, or age, or on the basis of sex in education programs.

Examples: A TANF ES Worker may not accept a self- declaration of qualified immigration status requiring verification from applicants who appear to be of African origin, yet require all immigrants from Spanish speaking nations to submit USCIS documentation because of an assumption that these applicants are illegal non-citizens. TANF personnel may not report suspected illegal non-citizens to the USCIS on the basis of race, color, or national origin. Independent evidence supporting illegal non-citizen status is necessary. An employee of a contractor hired by the State may not delay a review of referrals from older individuals until after she evaluates referrals from younger persons.

DSS may not provide different benefits to persons on the basis of their race, color, national origin, disability, age, or on the basis of gender in education programs.

Examples: Do not reject applicants for job training programs because they are or appear to be Hispanic. Do not assume that a single mother with four children would be unable to complete a rigorous training course because of her family responsibilities.

A DSS office located in an area consisting of Hispanic immigrants with limited English proficiency must provide written materials or other communication services in both English and Spanish that describe all of the benefits and services offered to applicants and participants.

22.5 Type of Conduct Prohibited in Employment Settings Employment discrimination laws protect workers and prospective workers from discrimination based on race, color, national origin, citizenship status and unfair documentary practices related to employment eligibility, religion, sex, age, or disability.