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TANF POLICY MANUAL

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These laws cover both individual employers and employment agencies, including DSS and contractors that provide job placement services for our program participants. The laws prohibit discrimination in all aspects of the employment process: hiring and discharge, compensation, assignments, and all other terms, conditions, and privileges of employment.

Examples: Employers or those referring welfare participants to employers may not discriminate on the basis that a person looks “foreign” or has an accent.

Employers must accommodate an employee’s or welfare participant’s religious practices unless doing so would create an undue hardship. For example, people must normally be permitted to wear religious attire unless doing so would create a safety hazard. Furthermore, a welfare agency may not refuse to refer an individual for employment because of his or her need for religious accommodation. Employers may not place female TANF participants in office positions while male TANF participants are placed in manual labor positions based on assumptions of the individual’s skills and strengths.

22.6 Discriminatory Conduct on the Basis of Handicap/Disability That Is Prohibited in Programs and Services

DSS may not discriminate against any qualified individual with a disability in providing services or administering any program or activity, whether or not the program receives federal financial assistance. In general, an individual with a disability is “qualified” if that person meets the essential eligibility requirements for receipt of services or participation in the program or activity. DSS may not refuse to allow a person with a disability to participate because the person has a disability. We must eliminate unnecessary eligibility standards or rules that deny an individual with a disability an equal opportunity to participate. DSS may not harass a program participant or applicant based on a disability.

Examples: The director of a day care program which includes children of TANF participants who are attending employment training programs may not refuse to accept children who have emotional problems or who take medication for a disability.

TANF recipients with disabilities may not be prohibited from work activities, education, or training opportunities based on assumptions that such individuals are not qualified to participate in training or work.

A technical college offering job-training for TANF participants may not require students with disabilities to provide medical histories if such histories are not required of all students.

DSS is required to make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless a fundamental alteration in the program would result.

Examples: