5.5.7  Payment Reductions

Under the ADA , an individual cannot be required to disclose that he or she 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.             W-2 payment reduction cannot be imposed on a participant for declining to complete a formal assessment.

2.             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 ended on the EP; or

b.             The W-2 agency has determined that the participant will not comply with the formal assessment referral (see and the status and/or activity has been ended.

After the formal assessment activity has been completed on the EP 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.  



History: Release 22-05; Release 21-07; Release 19-02.