From The Hill:
“Commission on Civil Rights
calls for end to subminimum wage for disabled people”
The U.S. Commission on Civil
Rights on Thursday called for an end to a program that allows employers to pay
disabled workers less than the minimum wage. The commission made the
recommendation in a report Thursday on the Section 14(c) waiver program, which
exempts employers of disabled workers from a section of the Fair Labor
Standards Act. The commission said both the Labor Department and the Justice
Department have failed to regulate the program and let it fall short of meeting
the needs of disabled people.
Overall, the commission said, the
program has been "inconsistent with the civil rights protections to which
people with disabilities are entitled." The report called for Congress to
phase out the program, noting that similar phaseouts have been implemented at
the state level to keep disabled people from losing access to key services. "The
Commission today calls for the end of the Section 14(c) program, because it
continues to limit people with disabilities from realizing their full
potential," said commission Chair Catherine E. Lhamon. "In addition
the program suffers from wildly insufficient federal oversight and civil rights
review, and apparently routine noncompliance, begging the question why we as a
nation continue its operation."
"We are thrilled to see the
U.S. Commission on Civil Rights calling for an end to the 14(c) waiver program.
This program has existed for over 80 years to transition disabled people to
competitive fair wage jobs, with less than a 5% success rate," Rebecca
Cokley, director of the Center for American Progress' Disability Justice
Initiative, told The Hill. "We believe a gradual transition with supports
for both providers and participants grounded in the values of informed choice
and high expectations is the path forward. We also want to note that the
engagement of the Commission is a critical recognition of equal pay for
disabled employees as a civil rights issue," Cokley added.
Julie Christensen, director of
policy and advocacy for the Association of People Supporting EmploymentFirst,
told The Hill that "there's a couple of points the report pulls out that
we're really excited to see, the really clear discussion of civil rights
implication especially considering current law." "The other piece
that I love the report pulling out is recognizing that certain people with
disabilities who are currently in 14(c) settings are not significantly
different from people with disabilities who are currently working in the
community," Christensen said. This inclusion, she said, helps dispel the
"long-standing myth" that without the program, "people with
disabilities will have nowhere to go and will have no way to contribute." Both
the Democratic and Republican 2016 platforms called for an end to the practice
of paying disabled people subminimum wage. Earlier this month, Democratic
presidential nominee Joe Biden pledged to eliminate the practice if elected.
^ How can the Federal and State
Governments claim a Minimum Wage when employers are legally allowed to pay the
disabled (and those working for tips) below the Official Minimum Wage? The
Governments are legally allowing employers and people to discriminate against
the disabled. ^
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