County Welfare Directors (CWDs) must ensure meaningful access to CalWORKs and Welfare-to-Work (WTW) programs for individuals with any physical or mental impairment that substantially limits major life activities, regardless of whether a disability is formally diagnosed. Importantly, County Welfare Directors (CWDs) must not wait for individuals to use specific language or make formal requests; instead, they are required to recognize and respond when a disability is known or obvious.
CWDs must notify all CalWORKs applicants and recipients of their right to request reasonable accommodations, the existence and location of available services, activities, and facilities, as well as information about complaint procedures. Notice of information can be given verbally, in written communications, or published in notices and outreach materials provided in waiting rooms and reception areas. Notices should always be given in plain language.
There are multiple specific ways CWDs must notify CalWORKS applicants and recipients of their rights and the CWD policy on nondiscrimination. Posters must be prominently displayed in all CWD waiting rooms and reception areas. California Department of Social Services (CDSS) Publication 13 must also be distributed and verbally explained to applicants in their primary language at the time of initial application and recertification. CWD recruitment materials must include a notification stating that individuals cannot be discriminated against based on disability during admission, access, or treatment. All web pages with general information about CalWORKs must also contain a nondiscrimination statement.
When a disability is known or obvious, CWDs must determine whether a CalWORKs applicant/recipient needs additional assistance. Examples of scenarios when a disability is known or obvious include an individual using a mobility device, utilizing a service animal, requesting auxiliary aid, having a history of receiving disability, verbally disclosing a disability, or indicating a disability on their application. CWDs may choose to establish phone screen questions for intakes and determinations, which is helpful in situations where applicants or recipients have disabilities that are not immediately apparent. CWDs should inform applicants/recipients that disclosure of a disability is not required. Additionally, CWDs cannot wait until the completion of a disability assessment to offer a reasonable accommodation.
Once a disability is known or obvious, the CWD must ask whether accommodation is needed. Any difficulty meeting CalWORKs program requirements could indicate the presence of a disability. If a disability is on file, the CWD must ensure accommodation is offered. If accommodation is already provided, the CWD should explore the need for additional accommodation. In situations where the individual has not reported a disability, the CWD should inquire about the need for accommodations.
Accommodation requests can be made at any time during applicant/recipient interaction with a CWD or contracted service provider. Requests can be made in person, by telephone, in writing, or via an authorized individual acting on their behalf. A request can be made to accommodate the disability of an associated. There are no specific words that an applicant or recipient must use to initiate a request. An applicant/recipient does not need to disclose a particular diagnosis or condition before requesting accommodation, and a CWD cannot ask for verification nor challenge the legitimacy of the accommodation. CWDs must document all disclosures of disability-related needs, accommodation requests, and actions taken by CWDs in the applicant/recipient’s case file.
A CWD may only deny a reasonable accommodation request when the requested service would fundamentally alter the nature of the program or impose undue financial/administrative burdens on the program. The CWD director must make determinations for denials.
CWDs are required to provide civil rights training to all staff at a minimum bi-annually. The obligation to train staff in civil rights and reasonable accommodations applies to the CWD as well as CWD contractors and vendors. Special training beyond standard civil rights and reasonable accommodation training can be given to staff whose duties include more specialized disability-related activities.
A CWD is obligated to ensure effective communication with individuals who have disabilities. This obligation extends to companions, defined as a family member, friend, or associate of the applicant/recipient who is an appropriate person for communication. A companion can be an authorized representative or caregiver and does not need to have the power of attorney privileges.
CWDs must provide auxiliary aids and services to individuals with disabilities to ensure effective communication. Primary consideration is given to the auxiliary aid or service requested. CWDs must be prepared to offer accommodation regardless of language. Qualified bilingual staff must be certified and possess the language skills to provide the same level of service to non-English-speaking applicants and recipients.
A CWD must offer individuals with disabilities an equal opportunity to participate in Welfare-To-Work (WTW) programs. A person with a disability can receive a reasonable accommodation under WTW. Individuals with disabilities are not automatically exempt from WTW. Examples of accommodation include adjusting the number of hours and types of activities required under WTW, exemptions from participation, time on aid limits, extensions of time on aid limits, and voluntary participation in WTW activities. CWDs are encouraged to experiment with work activities for individuals with disabilities, including but not limited to specialized work experiences. Exemption requests serve as a notice of disability that obliges CWDs to pursue accommodation.
Under the Americans with disabilities act (ADA), CWDs must offer reasonable accommodations at the first point of contact with an applicant or recipient if a disability is known or obvious. They cannot delay accommodations until after screenings or evaluations. Under CalWORKs, accommodations may be suggested during learning disability or mental health evaluations, and the resulting information can guide accommodations in the participant’s WTW plan. Any accommodations must be discussed with the participant and documented in evaluation reports.
However, CalWORKs procedures do not replace ADA requirements. ADA rights exist independently of screenings and remain valid even if evaluations show no disability or if screenings are declined. Recipients may request ADA accommodations at any time, and the CWD must review and act on those requests.
Welfare-to-work accommodation may be needed for individuals in recovery or with a history of substance abuse. Examples of accommodation could include adjusting work schedules for treatment or permission to refuse a job where the individual would encounter controlled or legal substances.
A CWD may determine an individual has “good cause” for noncompliance with WTW program requirements. In determining whether good cause exists, a CWD considers whether the participant has a mental disability or learning disability that contributed to the failure to comply with program requirements. CWDs are obligated to offer, document, and provide accommodation if needed. Good cause can be granted if employment or training for employment discriminates based on age, sex, race, religion, national origin, or disability. Good cause requests require consideration under both the Americans with Disabilities Act and CalWORK’s regulations. Counties must provide WTW services in the most integrated setting appropriate to their needs.
A participant’s failure to meet program requirements could stem from a CWD’s inability to offer or provide reasonable accommodation. Individuals may file disability discrimination complaints if they believe sanctions occurred due to unmet reasonable accommodation. If a disability is raised during the sanction process, CWDs must pause enforcement actions and revisit the case with accommodation considerations in mind.
Individuals with physical or mental disabilities that significantly limit employment or WTW participation may request a disability-based exemption. The request serves as notice of a disability or possible need for accommodation. Exemption procedures do not replace the CWD’s ADA duty to offer, document, and provide reasonable accommodation. Even exempt WTW participants may need accommodation in other CalWORKs activities. Exempt individuals must also be informed of their right to voluntarily participate in WTW, with supportive services and accommodations provided if they choose.
Applicants/recipients with limited English proficiency (LEP) and disabilities may require both language services and accommodations. CWDs must proactively identify and provide support, using certified bilingual staff or interpreters who have the language skills and cultural awareness to communicate effectively, including knowledge of disability-related terms and cultural attitudes toward disability. Bilingual staff should use this awareness to educate, assist with self-identification, and discuss accommodations in a culturally competent way, allowing adequate time for interpretation. LEP applicants may not realize they can request both accommodations and bilingual services—for example, someone with LEP and low vision may need large-print materials in their language, or someone with LEP and memory challenges may need interpreters to speak slowly so they can take notes. (ACL 24-65, October 1, 2024.)
