Friday, December 6, 2019

Are opponents of special wages for people with IDD protecting their civil rights or limiting job opportunities?

Saint Lucy
December 6, 2019

This is from Together For Choice (TFC), a national advocacy organization for people with intellectual and developmental disabilities. According to the TFC Website, 

"Together for Choice was organized by providers and families across the country seeking to enhance the right of individuals with developmental disabilities to choose where to live and how to spend their days. We stand for the proposition that individuals with developmental disabilities should have the same rights as everyone else to decide where to live, work, recreate and receive services."

TFC is encouraging its members and other interested parties to send comments to the U.S. Commission on Civil Rights regarding special wage certificates that protect jobs for people who are not able to work for competitive wages in fully integrated work settings. 

Submit your comments to the US Commission on Civil Rights BY DECEMBER 15.

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Action needed to submit comments to the U.S. Commission on Civil Rights Regarding 14(c)

Dear Together for Choice Member:

Section 14(c) of the Fair Labor Standards Act continues to be under attack. Once again it is critical that we act to protect the work opportunities of our loved ones. The United States Commission on Civil Rights held a briefing in Washington, D.C. and is accepting comments through December 15 on the following topic: “Subminimum Wages: Impacts on the Civil Rights of People with Disabilities.” The way the topic is phrased makes it clear where the Commission is going. It uses the derogatory term “subminimum wage” and turns special wages that accommodate an individual’s abilities and helps them gain employment into a violation of their civil rights.

As we have previously discussed, special wages for those with disabilities is permitted under Section 14(c) of the Fair Labor Standards Act and has been in existence for over 80 years. This provision permits employers to pay individuals with disabilities a specialized wage based on their ability to perform the job. At no point does the statute refer to these wages as “subminimum.” The purpose of Section 14(c) is to help individuals with disabilities to obtain employment. No one is forced to work at 14(c) wages. Therefore, the statute preserves choices for our loved ones; it preserves their civil right to choose the employment setting that best suits them.

Last spring when we asked you to submit comments on 14(c) to the Department of Labor, your response was overwhelming. There were far more comments supporting 14(c) than opposing it. It was important that the Department of Labor hear from the families that would be affected by a repeal of this important law. We must do the same now with our comments to the US Commission on Civil Rights. The briefing scheduled for last Friday, November 15, had a full list of previously selected speakers. Virtually all of the scheduled speakers oppose Section 14(c) and want to see it eliminated along with work programs designed to meet the needs of those with developmental disabilities. The Commission needs to understand that the repeal of Section 14(c) will mean the loss of employment for men and women with significant intellectual or developmental disabilities, like our loved ones. It is important that the Commission hear from us, the families and providers that serve those with intellectual disabilities. The Commission must recognize that there is no “one size fits all” solution when it comes to employment of individuals with disabilities.

The real civil rights issue here is choice. The right of our loved ones to choose the employment option that best meets their needs must be respected. To repeal 14(c) and deny our family members that choice would violate their civil rights.

Therefore, please submit your comment to the US Commission on Civil Rights BY DECEMBER 15.

https://www.usccr.gov/press/2019/11-13-Subminimum-Wages-PR.pdf

... Please make sure you put your comment in your own words. Individual comments have a much greater impact than those that look like copies of others’ comments.


Comments can be emailed to: subminimumwages@usccr.gov

(If you'd like for us to keep a record of your email, you can copy info@togetherforchoice)

Comments can also be mailed to the Commission at the following address:

OCRE/Public Comments
U.S. Commission on Civil Rights
1331 Pennsylvania Ave. NW
Suite 1150
Washington, DC 20425

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