Comment in Favor of Ending Sub-minimum Wages for People with Disabilities

Subject: Comments on Proposed Rulemaking to Phase Out Section 14(c) Certificates

The National Center for Disability, Equity, and Intersectionality (NCDEI) strongly supports the Department of Labor’s (DOL) proposal to phase out Section 14(c) certificates, which permit the payment of subminimum wages to workers with disabilities. This rulemaking marks a critical step toward equity and inclusion for people with disabilities in the workforce.

The Urgency of Phasing Out Section 14(c) Certificates

For decades, Section 14(c) has perpetuated economic and social inequities for individuals with disabilities, disproportionately impacting those with intellectual and developmental disabilities (I/DD). While the original intent of the provision may have been to promote employment opportunities, the economic landscape has evolved significantly. Integrated employment programs, reasonable accommodations under the Americans with Disabilities Act (ADA), and technological advancements demonstrate that workers with disabilities can succeed in competitive, integrated environments when given appropriate supports.

Paying Fair Wages Reflects Dignity and Equity

The continuation of subminimum wages reinforces a societal message that the labor of people with disabilities is less valuable. This is unacceptable in a society committed to equity and justice. Workers with disabilities deserve the same minimum protections and wages afforded to all employees. As noted in the Department’s proposal, many states and localities have already abolished subminimum wages, proving that inclusive employment practices are not only feasible but also beneficial to individuals and communities.

Integration Into Competitive Employment Settings

Integrated settings provide numerous advantages over segregated environments. Research consistently shows that individuals with disabilities thrive in workplaces where they interact with non-disabled colleagues and perform meaningful work. Integrated employment fosters independence, reduces stigma, and promotes community belonging. Furthermore, federal programs such as Medicaid and Vocational Rehabilitation already provide a framework to support transitions to integrated employment.

Recommendations

  1. Accelerate the Phase-Out Timeline: A prolonged transition period risks perpetuating harm to workers with disabilities. The Department should implement measures to ensure swift movement toward competitive integrated employment.
  2. Expand Supports for Employers and Workers: Increase funding and technical assistance to employers transitioning from 14(c) models to integrated employment structures. Provide robust resources for workers, including job coaching and skills training.
  3. Monitor Equity During Transition: Regularly assess the impacts of the phase-out to ensure that all individuals, including those with significant disabilities, achieve equitable access to competitive employment.

The NCDEI urges the Department to finalize and implement this critical rule swiftly. The phase-out of Section 14(c) certificates is not only an economic necessity but a moral imperative. It is time to recognize the potential and worth of all workers and to ensure that individuals with disabilities are treated with the dignity and fairness they deserve.

Thank you for the opportunity to provide input. We stand ready to assist the Department in promoting a fairer and more inclusive labor market.

Sincerely,
Kara B. Ayers, PhD, Director
The National Center for Disability, Equity, and Intersectionality

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