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Under the ADA , an individual cannot be required to disclose that s/he has a disability or be required to participate in a separate program for disabled individuals. W-2 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 to participate in the W-2 program or employment before payment reductions are imposed. The following W-2 policies provide these assurances to participants:
1. If a participant who is placed in W-2 T or CSJ and has not been offered the BST prior to the initial W-2 placement, the individual may not receive a payment reduction for failing to participate in any assigned activity until the BST is either completed or declined.
2. W-2 payment reduction cannot be imposed on a participant for declining to complete a formal assessment.
3. A participant placed in 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:
a. The formal assessment results are received by the W-2 agency and the formal assessment activity has been end-dated on CARES screen WPCS; or
b. The W-2 agency has determined that the participant will not comply with the assigned formal assessment activity and the activity has been end-dated on CARES screen WPCS.
After the formal assessment has been completed and end-dated in CARES and the FEP , in consultation with the participant, has made necessary adjustments to the participant’s EP , 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.
This page last updated in Release # 10-01
Release Date: 10/05/10
Effective Date: 10/05/10