Wisconsin Department of Children and Families Wisconsin Works (W-2) Manual |
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 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 , 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.