DTA must provide Americans with Disabilities Act (ADA) accommodations to “qualified individuals with disabilities” allowing them to meet Department requirements and to utilize Department services. Examples of ADA accommodations could be:
arranging to hold an administrative hearing in a wheelchair-accessible room for a client with mobility limitations
providing special learning aids in an Employment Services Program (ESP) training program for a client with a learning disability
waiving face-to-face interviews for clients whose disabilities prevent in-office appointments; or
assisting clients who have cognitive limitations with understanding notices and completing Department forms
Important |
ADA obligations extend to all Department staff (including Central Office staff with client contact and Hearings Officers) and vendors who work with clients. When a client discloses to any Department staff member that the client may have a disability that affects the way s/he works with the Department, staff should ask the client if s/he would like a screening for an ADA accommodation or a referral to the Client Assistance Coordinator (CAC) to explore whether the client needs an accommodation. See Accommodation/Special Assistance CAC Referral |
To be protected under the ADA, applicants and clients (hereafter called clients) must be “qualified individuals with disabilities,” which means being able to meet all of the essential eligibility requirements for the Department’s programs and services, either with or without an ADA accommodation. ADA accommodations should not fundamentally alter the nature of services or activities of the affected programs.
For example, a client whose disability has resulted in a foster placement for her only child will not meet one of the essential elements of TAFDC which requires that the dependent child live with the parent. Nor would it be an ADA accommodation to waive income eligibility requirements.
Note |
Agencies that contract with the Department, such as ESP providers, also have ADA obligations. If you feel that a contractor is not meeting its obligations, that issue should be raised to a TAO manager who will notify the Director of Disability Access, who will in turn contact the provider and follow up, as appropriate. |
Reminder |
All Department staff have an obligation to assist all clients (or help the client get assistance) (e.g., help filling out applications, obtaining verifications, understanding notices and/or policies, etc.) regardless of whether or not they have a disability. |