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ACLU and NAACP Request Federal Investigation of W-2 Program

February 19, 2002

Two major civil rights organizations in Milwaukee are asking the federal government to investigate the Wisconsin Works welfare reform program. The organizations say W-2, as it is now operated, discriminates against disabled people and people of color.

In a 28-page complaint being sent to Chicago today, the American Civil Liberties Union of Wisconsin Foundation and the Milwaukee Branch of the National Association for the Advancement of Colored People are asking the Office for Civil Rights -- part of the U.S. Department of Health & Human Services -- to investigate the state's failure to properly serve the disabled and households with disabled family members.

The ACLU-WIF and the Milwaukee branch of the NAACP charge that the Wisconsin Department of Workforce Development has not followed the Americans with Disabilities Act in its operation of W-2. The disability issue is crucial because U.S. government statistics show that nationally, at least 44% of those taking part in welfare programs suffer from physical or mental impairments. In Wisconsin, DWD itself admits that the W-2 caseload mostly consists of individuals with severe barriers to employment.

Because DWD doesn't even make W-2 agencies screen W-2 participants for disabilities, the agencies often don't know that a participant has, for example, a learning disability, mental illness, a physical health problem, or a child with a serious behavioral disorder. Because DWD pressures W-2 agencies to send people to 40 hours a week of activities, W-2 agencies often send people to assignments they can't do because of their disabilities -- and then penalizes the families by taking money out of their monthly checks.

The ACLU-WIF and NAACP also are calling for an independent evaluation of racial differences in W-2's operation. A study prepared for DWD in 2001 showed that while 1 in every 2.7 Caucasian participants who neared W-2's time limits got an extension of time on W-2, only 1 in every 10.9 African-American recipients received an extension.

According to Chris Ahmuty, Executive Director of the Wisconsin ACLU, "We'd like to see DWD run W-2 to help disabled families achieve real self-sufficiency - not just push them out of the system."

Jerry Ann Hamilton, the president of the Milwaukee Branch of the NAACP, said her organization decided to file this complaint because it is first and foremost a civil rights organization whose mission is protecting the rights of all people, including the rights of disabled persons of all races. Ms. Hamilton said that the Milwaukee Branch of the NAACP is also troubled by the evidence of racial disparities in the granting of extensions under W-2, and advocates for the fair treatment of all people in the W-2 program.

 

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