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West Virginia Income Maintenance Manual Chapter 1

West Virginia Income Maintenance Manual Page 5 Chapter 1 Application/Redetermination Process

parental status, sexual orientation, or all or part of an individual’s income is derived from any public assistance program or protected genetic information, in employment or in any program or activity conducted or funded by DOHS. (Not all prohibited bases will apply to all programs and/or employment activities.) Applicable state and federal laws include the following: • The West Virginia Human Rights Act, West Virginia Code §5-11-1 • The Age Discrimination Act of 1975, 42 U.S.C. §6101 et seq. • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 • The Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq. • Title VI of the Civil Rights Act of 1964, 42 U.S.C. §20000d et seq. • Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. • The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 • The Civil Rights Restoration Act of 1987 • The Food and Nutrition Act of 2008 • United States Department of Agriculture (USDA) Departmental regulation 4330-2 • USDA Regulation, 7CFR Part 16 1.2.1.E.1 Individuals with Disabilities Federal law protects individuals with a disability and defines that as a person who: • Has a physical or mental impairment that substantially limits one or more of the major life activities of that individual; • Has a record of such an impairment; or • Is being regarded as having such an impairment. There are two key issues regarding discrimination against people with disabilities: 1. Individualized Treatment: Individualized treatment requires that individuals with disabilities be treated on a case-by-case basis, based upon facts and objectivity. Such individuals may not be treated differently on the basis of generalizations or stereotypes. NOTE: Major life activities are defined in this manual’s glossary.