On September 26, 2023, the United States Department of Labor announced that it will undergo a thorough review of Section 14(c) of the Fair Labor Standards Act to determine if the program can continue.
Since the 1930s, employers have been able to acquire certificates under Section 14(c) of the Fair Labor Standards Act that legally allow them to pay employees with disabilities considerably less than the federal minimum wage.
As we have national conversations about the outdated $7.25 minimum wage in the United States, which was last raised in 2009, we must bring Section 14(c) and the inequities that disabled people face into the conversation. The U.S. Commission on Civil Rights shows that disabled people who receive subminimum wage do so at about $3- $4 an hour. This outdated rule devalues disabled people's work, who often do the same tasks and roles as non-disabled people, and continues the impoverishment of our community. We must shift away from discriminatory subminimum wage designations and segregated sheltered workshops towards competitive integrated employment and community-based career opportunities for the disability community.
"It is imperative that both the Department of Labor and our national leaders acknowledge and honor the complete authority and legacy of the disability civil and human rights laws, including the Americans with Disabilities Act and those that properly frame the integration mandate provided by the U.S. Supreme Court nearly a quarter century ago in the Olmstead v. L.C. decision,” said Peter Sleasman, Executive Director of Disability Rights Florida. “The emphasis moving forward should be on promoting economic justice for the disabled community by offering fair and equitable opportunities for employment that are competitive, meaningful, and fully compensated. It is time to pay, value, and respect the contributions of people with disabilities and ensure they have the right to lead a fulfilling life, work towards their aspirations, and thrive in the same ways as their non-disabled counterparts."