Conclusion

Eliminating subminimum wage employment for workers with disabilities, which perpetuates discriminatory practices and outdated views about disability, is a civil rights imperative. At the same time, the perspectives of those closest to the transition away from subminimum wage employment reveal a deep sense of uncertainty and fear that this change may make already tenuous circumstances worse. Without subminimum wage employment, workers are concerned that they might lose jobs, families could lose support, and employers could lose contracts. Their concerns make clear that the transition cannot occur without careful planning that supports employers and protects and enhances the support systems that many workers with disabilities and their families rely upon.

Moving forward requires a dual commitment to ending subminimum wage practices while simultaneously strengthening an infrastructure of supports that enable successful community integration and employment. Evidence from state transitions shows this is possible with proper planning, funding, and coordination. A former commissioner on Seattle’s Commission for People with Disabilities explains the benefits of a successful transition through Seattle’s phase out, for example, in a public comment on the Department of Labor’s proposed rule to phase out Section 14(c) certificates, saying, “I offer direct experience implementing similar changes in Washington State, demonstrating that ending subminimum wage practices is both achievable and beneficial to disabled workers and our broader community.” He continued, “The results of our work in Seattle proved that concerns about job losses or reduced opportunities were unfounded. Instead, we witnessed: successful transition of workers from sheltered workshops to competitive integrated employment, improved financial independence for disabled workers, better integration of disabled employees into mainstream workplaces, [and] enhanced dignity and self-determination for workers previously paid subminimum wages.”¹

Alongside fear of change is hope for an effective system of employment that affords people with disabilities the same rights and dignity as everyone else. While the future of congressional action on Section 14(c) of the Fair Labor Standards Act remains uncertain, states across the country are setting their own course, phasing out and moving employment into the modern era. By listening to the perspectives of those most impacted and following through on actions that will ease concerns and curtail hardship, they set all workers up for a bright future of employment.