5.5.7 Payment Reductions

Under the ADA Americans with Disabilities Act of 1990 , an individual cannot be required to disclose a disability or be required to participate in a separate program for individuals with a disability. W-2 Wisconsin Works agencies must comply with this federal law when assigning activities to W-2 participants.

A participant must be given the opportunity to disclose a disability or other barrier Something that acts to hinder or restrict employment opportunities. to participate in the W-2 program or employment before payment reductions are imposed.(See 11.1 and 11.2.2.1 )

The following W-2 policies provide these assurances to participants:

W-2 payment reduction cannot be imposed on a participant for declining to complete a formal assessment.

A participant placed in a W-2 T or CSJ who has agreed to and is referred for a formal assessment may not receive a payment reduction for any assigned activity until: The formal assessment results are received by the W-2 agency and the formal assessment activity has been ended on the EP; or The W-2 agency has determined that the participant will not comply with the formal assessment referral (see 5.5.8.2 ) and the status and/or activity has been ended.

After the formal assessment activity has been completed on the EP and the FEP Financial and Employment Planner , in consultation with the participant, has made necessary adjustments to the participant’s EP Employability Plan , the individual may receive a payment reduction for failing to participate in assigned W-2 activities without good cause. This may include an activity recommended by the qualified assessing agency such as mental health counseling or physical therapy.