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D. Definition of a Person with a Disability - The Americans with Disabilities Act of 1990 as amended protects individuals with a “disability” and defines that term to mean a person who has a physical or mental impairment that substantially limits one or more of the major life activities of that individual, a person who has a record of such an impairment, or a person who is being regarded as having such an impairment. “Life activities” include, but are not limited to: the operation of a major bodily function, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Chronic health problems such as asthma, diabetes, and hypertension may also be considered disabilities if these conditions limit the individual’s ability to function.
E. Complaint Procedures - Individuals who believe that they have been discriminated against on the basis of disability have the right to file a grievance under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act with the state TANF Manager. The grievance must be resolved promptly.
Individuals who believe they have been discriminated against on the basis of disability (including failure to provide reasonable accommodations), race, national origin (including the failure to provide access to services to people with limited English proficiency) can also file a complaint with the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services. Complaints must be filed within 180 days of the date the alleged discrimination occurred. The complaint should include the information listed in Section 101.2.A. A Civil Rights Discrimination Complaint Form Package may be completed and submitted or individuals may submit a written complaint in their own format.
The Civil Rights Discrimination Complaint Form Package may be downloaded from the website https://www.hhs.gov/sites/default/files/ocr-cr-complaint-form-package.pdf.
The OCR Complaint Portal website is https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf.
The complaint form package or a written complaint may be filed by mail, fax, email or via the OCR Complaint Portal to:
U.S. Department of Health & Human Services Office for Civil Rights Centralized Case Management Operations 200 Independence Avenue, S.W. Room 515F, HHH Building. Washington, D.C. 20201 Customer Response Center: 1-800-368-1019 Fax: 1-202-619-3818 TDD: 1-800-537-7697 Email: OCRComplaint@hhs.gov
TANF Transmittal 78