“While some of our members may support raising the minimum wage while others may not, VOR members have come together to oppose this bill as written, in order to protect individuals who benefit from 14(c) and work centers that are designed to accommodate their specific needs and abilities.
“…most coverage of this bill has only mentioned the increase in the minimum wage, with no mention of the effect this would have on people who would be unhireable under competitive integrated employment. Once again, the most vulnerable Americans are suffering discrimination at the hands of agencies that are supposed to protect their interests, and by the work of advocates and self-advocates who focus only on one segment of the community of people with intellectual disabilities.”
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The controversy over sub-minimum wage certificates comes up again and again as a disability rights issue, framed as blatant discrimination against people with disabilities. The assumption among many advocates is that all people with disabilities are capable of integrated, competitive employment, as long as they have the supports they need to be successful. The fallacy here is that there are, indeed, people whose disabilities prevent them from working in competitive employment, because they are unable to tolerate a competitive work environment or to keep up with other workers.
This is a fact, not a reflection on people with disabilities in general or an assertion that they are somehow less worthy than people without disabilities. To the contrary, the right to appropriate services applies to all, even to those who need a specialized facility-based work program that pays less than minimum wage. For the most part, these workers receive additional government benefits in the form of living supports, Medicaid health insurance, Medicaid waiver services, and often additional social services offered by their employers or other agencies.
This is a fact, not a reflection on people with disabilities in general or an assertion that they are somehow less worthy than people without disabilities. To the contrary, the right to appropriate services applies to all, even to those who need a specialized facility-based work program that pays less than minimum wage. For the most part, these workers receive additional government benefits in the form of living supports, Medicaid health insurance, Medicaid waiver services, and often additional social services offered by their employers or other agencies.
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This is from a DD news blogpost from 2014:
"Workers with disabilities who are able to engage in competitive employment, with or without supports, should not be exploited in workplaces that profit off their labor but pay the workers sub minimum wages. The special wage certificates that are now issued, however, allow people with more severe cognitive and other disabilities to work at their own pace in skill development centers (sheltered workshops, usually in community settings) and receive pay adjusted to their abilities and how fast they work. To eliminate the special certificates would in effect also eliminate this important option for people who can and want to work but would otherwise be unlikely to obtain employment in regular competitive workplaces. In the opinion of many who benefit from these programs, too little consideration has been given to what will happen to these people other than many more of them will sit at home with nothing to do.
"Efforts to increase competitive employment for people with DD in integrated settings should not be expected to offset the need for specialized employment services based on the severity and nature of an individual's disability. 'Robbing Peter to pay Paul' (or in this case, closing sheltered workshops to fund more supported employment), is never a good policy decision when it comes to people with needs as diverse as those with developmental disabilities."
This is from a DD news blogpost from 2014:
"Workers with disabilities who are able to engage in competitive employment, with or without supports, should not be exploited in workplaces that profit off their labor but pay the workers sub minimum wages. The special wage certificates that are now issued, however, allow people with more severe cognitive and other disabilities to work at their own pace in skill development centers (sheltered workshops, usually in community settings) and receive pay adjusted to their abilities and how fast they work. To eliminate the special certificates would in effect also eliminate this important option for people who can and want to work but would otherwise be unlikely to obtain employment in regular competitive workplaces. In the opinion of many who benefit from these programs, too little consideration has been given to what will happen to these people other than many more of them will sit at home with nothing to do.
"Efforts to increase competitive employment for people with DD in integrated settings should not be expected to offset the need for specialized employment services based on the severity and nature of an individual's disability. 'Robbing Peter to pay Paul' (or in this case, closing sheltered workshops to fund more supported employment), is never a good policy decision when it comes to people with needs as diverse as those with developmental disabilities."
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ACCSES is an organization representing providers of employment services. This is an editorial from their July 22, 2019 newsletter:
"The Raise the Wage Act (H.R. 582) passed the House last week 231-199. This bill if enacted, would kill jobs for people with disabilities by getting rid of the special wage certificate under Section 14(c) of the Fair Labor Standards Act, which will have a significant impact on opportunities for people with the most significant disabilities. On July 8, 2019, the Congressional Budget Office issued a report on the effects of an increase in the minimum wage on employment and family income, in which it found that the $15.00 federal minimum wage would benefit 17 million workers, and cut at least 1.3 million jobs. (The CBO estimates 125,000 people being served under 14(c) certificates.) Section 14(c) certificates are an important tool in the employment toolbox. Do not let Congress take away jobs for people with disabilities. Your Members of Congress are getting ready to head home for their August recess. Contact them today and invite them to tour your locations to see the devastating effect passing this bill into law would have on people with disabilities. It is vital that Members of Congress have a great understanding of the important role community rehabilitation programs play when setting disability policy. "
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See also:
"House Votes To End Subminimum Wage" by Michelle Diament, July 19, 2019, Disability Scoop
“…many families have opposed such legislation arguing that subminimum wage employment gives people with more severe disabilities who may not be able to succeed in typical jobs a sense of purpose and an opportunity to contribute.”
"Supported Employment : Is it Cost Effective for People with Severe Disabilities?", The DD News Blog, 2/15/16
"Information on Sub-minimum wages for people with disabilities and appeal rights..." , The DD News Blog, 3/30/16
"House Votes To End Subminimum Wage" by Michelle Diament, July 19, 2019, Disability Scoop
“…many families have opposed such legislation arguing that subminimum wage employment gives people with more severe disabilities who may not be able to succeed in typical jobs a sense of purpose and an opportunity to contribute.”
"Supported Employment : Is it Cost Effective for People with Severe Disabilities?", The DD News Blog, 2/15/16
"Information on Sub-minimum wages for people with disabilities and appeal rights..." , The DD News Blog, 3/30/16
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