Civil Rights and the Temporary Assistance for Needy Families (TANF) Program

Summary of Selected OCR Compliance Reviews and Complaint Investigations

Massachusetts Department of Transitional Assistance (98-00101)

OCR and the Massachusetts Department of Transitional Assistance (DTA) entered into a comprehensive resolution agreement that ensures people with learning disabilities have equal access to participate in and benefit from DTA's Employment Services Program. DTA's Employment Services Program provides TANF beneficiaries in Massachusetts with the basic skills, education and support services needed to acquire and retain jobs.

The agreement resolves a complaint filed with OCR by the Massachusetts Law Reform Institute on behalf of two women. The complaint alleged that DTA denied the women and other people with learning disabilities an equal opportunity to participate in the Employment Services Program in violation of the ADA and Section 504. In response to the complaint, OCR conducted an investigation. OCR's investigation indicated that DTA violated the ADA and Section 504. OCR sent a letter to DTA listing its findings. DTA and OCR then entered into negotiations, which resulted in a resolution agreement. An important component of the agreement is a requirement that DTA implement a tool to screen participants of the Employment Services Program for learning disabilities, and offer more in-depth diagnostic assessments when screening indicates possible learning disabilities.

The circumstances that led to the filing of this complaint illustrate why State adoption of effective screening and assessment is important. One of the women involved in the complaint had a formal education up to the 10th grade and could only read at the second-grade level. She had learning disabilities, mild mental retardation, major depressive disorder, and post-traumatic stress disorder. The woman wanted to obtain a GED, learn a skill, and become self-supporting. However, she did not know that she had learning disabilities and DTA's Employment Services Program could not serve her because her educational level was so low. Effective screening and assessment would have identified the nature of the woman's learning disabilities, as well as the modifications DTA could make so the woman could successfully participate in and benefit from the Employment Services Program.

The agreement includes, but is not limited to, provisions that require DTA to:

Notify program applicants and participants of their rights under the ADA and Section 504 in a variety of forms and at various application and participation stages of DTA programs;
Provide ADA and Section 504 training to all new staff and to staff that missed prior ADA and Section 504 training;
Provide training on how to use the learning disability screening tool to staff that have client contact;
Offer free screening for learning disabilities to program participants;
Screen only upon receipt of program participants' informed consent;
Offer Employment Service Program participants free diagnostic assessments if screening indicates potential learning disabilities;
Evaluate the potential need to offer screening and assessment to DTA program participants not associated with the Employment Services Program;
Monitor contractors of the Employment Services Program for compliance with the ADA and Section 504;
Continue to utilize "accommodation teams" consisting of DTA staff, which respond to reasonable accommodation requests from people with disabilities, assist in negotiating reasonable accommodations, and ensure that Employment Service Program contractors implement approved reasonable accommodations.
Notify individuals whose benefits have been terminated since January 19, 2001 for failure to comply with DTA requirements of the availability of screening and assessment for learning disabilities and the continuing right to reapply for benefits; and
Provide general notice to the public on the availability of screening and assessment for current and future Employment Service Program participants, including former participants who reapply.

OCR Letter of Finding (PDF) (1.66MB)
Resolution Agreement between OCR and Massachusetts Department of Transitional Assistance (PDF) (833KB)
DTA Employment Services Program
One Person's Story

Oregon Department of Human Services (02-01463)

Following the receipt of complaints from advocacy organizations, OCR conducted a review to determine the Oregon Department of Human Services (DHS) TANF program's compliance with Section 504 and Title II of the ADA. Prior to OCR completing its review, OCR and DHS entered into a Voluntary Compliance Agreement that addressed a variety of issues regarding access to DHS' TANF program by individuals with disabilities. DHS agreed to: (1) develop policies and procedures to screen all TANF clients for disabilities and provide the opportunity for a more in-depth assessment when screening indicates a possible disability; (2) develop procedures to ensure that caseworkers have the support they need to provide reasonable modifications to clients who are identified as having disabilities; (3) incorporate into DHS client sanction procedures the consideration of disability as a potential reason for client non-compliance with TANF program requirements, including by not sanctioning clients when DHS determines that non-compliance was caused by disability; (4) train DHS TANF caseworkers and contracted staff about the nature of various disabilities, conducting disability screening and assessment, providing reasonable modifications and appropriate follow-up for clients identified as having disabilities; and (5) develop policies and procedures to ensure that DHS is adequately monitoring its own compliance with the Agreement. DHS also agreed to revise certain program and policy manuals, to appoint ADA/Section 504 Coordinators, and to develop and inform clients about an ADA and Section 504 grievance procedure to raise concerns about alleged disability-based discrimination, including the alleged failure to make reasonable modifications.

Voluntary Compliance Agreement Between OCR and Oregon Department of Human Services (PDF) (610KB)