The Role of the Courts in Securing Welfare Rights and ...

Welfare Law Centerthe program. The application of the ADA to welfare programs, such as TANF, is largelyuntested, although some recent welfare cases have raised ADA claims.Overview of ADAThe ADA is a federal civil rights statute that protects individuals with physical andmental disabilities against discrimination in a range of public and private activities, includingdiscrimination in programs of state and local governments (Title II), employment (Title I), publicaccommodations and services by private entities (Title III), and telecommunications (Title IV). 22An earlier federal law, § 504 of the Rehabilitation Act of 1973 is generally similar to Title II andIII of the ADA. (The Rehabilitation Act covers federal agencies and federally financed programs.)Lawsuits often include both ADA and Rehabilitation Act claims. 23Title II of ADA is relevant for TANF programs, and the federal TANF statute makesclear that the ADA and Rehabilitation Act apply to TANF programs. 24Key features of Title II of ADA. Title II provides that “no qualified individual with adisability shall, by reason of such disability, be excluded from participation in or be denied thebenefits of the services, programs or activities of a public entity, or be subjected to discriminationby any such entity.” 25 The ADA requires the covered entity (e.g. state and local governments inthe case of welfare programs) to make “reasonable accommodations” to assure meaningful accessto programs and services. There are extensive federal regulations and case law.To be protected under the ADA an individual must be a “qualified person with adisability.” This means the individual must meet the definition of disability, which is broaderthan the definition of disability for SSI and Title II disability purposes (there is also an exclusionfor current illegal drug use). The individual must also meet the “essential eligibility requirementsof the program” with or without reasonable modifications. The question of what is an essentialeligibility requirement is a likely area of dispute.May 1999⋅ 10 ⋅