Showing posts with label 14(c) wage certificate. Show all posts
Showing posts with label 14(c) wage certificate. Show all posts

Monday, November 6, 2023

A Coffee Shop staffed with people with intellectual disabilities draws harsh criticism from federally-funded disability rights advocates

Bitty and Beau's Coffee, Ann Arbor

An Article in Disability Scoop, “Coffee Shop Hires Workers With Disabilities. Why Do Some Say That’s Bad News?” by Morgan Hughes, from 10/10/23 caught my eye for several reasons. One is that there has been a campaign for years by disability rights advocates to oppose and eliminate congregate settings for people with I/DD that provide services or residential programs in groups of more than 3 or 4 individuals. That includes opposition to congregate work programs, group homes, day programs, specialized school programs, larger residential settings such as Intermediate Care Facilities for individuals with intellectual disabilities, family-initiated residential communities, and anything else that advocates may construe as "too institutional”.

Many of the objections by disability rights advocates have been related to the use of federal or state funds paying for such programs. In the case of Bitty and Beau’s Coffee in Columbia, South Carolina, however, advocates have targeted a private business that receives no government funds and pays at least minimum wage to its employees. (It does not participate in the federal 14(c) waiver program.)

Bitty and Beau’s is a chain of 19 coffee shops in 11 states. The company employs more than 400 people, most of whom have disabilities.This includes a coffee business on South Main Street in Ann Arbor, Michigan, where it is part of a bustling business district in a university town. I have not visited the Ann Arbor shop, but by all accounts, the employees, their families, and the community at large enthusiastically support the presence of this unique business.

Objections to the coffee shop in South Carolina, come primarily from Able South Carolina, (AbleSC),  an organization “… established under the Rehabilitation Act to be run and operated by people with disabilities as a U.S. Department of Health and Human Services designated Center for Independent Living.” The organization received over 3.5 million dollars in government grants in 2021.

According to the article in Disability Scoop, local disability rights advocates say Bitty and Beau’s creates an environment where inspiration is the goal.

Kimberly Tissot, the CEO of AbleSC, “‘worried that employees with disabilities would be used like props, meant to offer customers smiles and hugs but not to be taken seriously as people…’ Businesses that employ only people with disabilities have also been known to pay below minimum wage because of a federal waiver that allows it, other disability rights advocates said.”...

“But critics say even if employees are earning a fair income, the store sends the wrong message to people without disabilities.

“‘It kind of plays off the heartstrings to get people to open their wallets,’ said Crush Rush, a local disability rights advocate and AbleSC board member." He calIs it crudely, "inspiration porn."

…“Despite the data, Tissot sees the business and those like it as counterproductive because she said the business segregates people with disabilities. She said that segregation can lead typically-developing people to think people with disabilities can only succeed in those environments. Tissot has a physical disability and a 13-year-old son with an intellectual disability.”

Integrated employment for thee, but not for me? 

The law (Title VII of the Rehabilitation Act establishing CILs) mandates that the majority of the CIL staff and individuals in decision making positions, including the governing board, must be individuals with disabilities. 

In other words, one could say that workers at AbleSC are employed in a congregate setting and serve primarily others with disabilities.

I see nothing inherently nefarious nor improper about Centers for Independent Living, but a little bit of self-reflection by the CIL disabled employees might temper the criticism coming from these organizations. Is it only when they are talking about people with intellectual disabilities that such congregate work arrangements are considered abhorrent? The hypocrisy is clear when one disability group attacks another on the basis of principles that they themselves do not follow.

“Nothing About Us, Without Us” except when “Us” doesn’t include you

Nothing in the Disability Scoop article indicates that representatives of AbleSC asked the employees of Bitty and Beau’s in Columbia, South Carolina, how they felt about their jobs and their place in the community. I think most of the workers in these businesses are able to communicate and if they are not, then why not ask their families how they respond to the work and whether they find satisfaction in what they do? 

I agree with Amy Wright, one of the owners of the company, who says “I really wish those same disability advocates would take that frustration they are feeling and direct it toward other businesses in Columbia that don’t hire anyone with a disability.” 

And for those who say they will boycott the business, that’s fine. That will make everyone’s life easier. 

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More information on CILs from the Administration on Community Living..

Bitty and Beau's Coffee

Monday, October 30, 2023

U.S. Department of Labor holds stakeholder listening sessions on special wage certificates that support employment for many with I/DD

The U.S. Department of Labor (DOL) is conducting stakeholder engagement sessions as it reviews the use of 14(c) compensatory wage certificates for people with intellectual and developmental disabilities (I/DD). These are used by employers to make possible work programs that employ people who are unable to participate in regular competitive, integrated employment for reasons related to their disabilities. 

Section 14(c) of the FLSA (Fair Labor Standards Act) authorizes employers, after receiving a certificate from the Wage and Hour Division, to pay subminimum wages - wages less than the Federal minimum wage - to workers who have disabilities for the work being performed.

According to a Department of Labor website, Michigan businesses employ about 800 people under this federal program.

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From the VOR Weekly News Update for October 27, 2023:

The first session was held on Thursday, October 26, 2023.

DOL - Additional Section 14(c) Stakeholder Engagement Sessions Announced

In addition to last night's session [10/26/23], DOL is offering two more opportunities for families to speak on the importance of providing more options for people with I/DD and autism, rather than reducing the number and variety of services available.

NEW:

Stakeholder Engagement Session #2: 
November 01, 2023, from 2:00 to 3:30 PM ET.
Members of the public wishing to participate must register in advance of the meeting by October 30 [Sorry! Registration is closed for this session]

Stakeholder Engagement Session #3:
November 15, 2023, from 5:30 to 7:00 PM ET.
Members of the public wishing to participate must register in advance of the meeting by November 1. Click here to register

For more information about these sessions, please click here

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Last Night's [10/26/23] Session

Last night's session ran nearly two hours. Participants were given 2 minutes to speak about their experience and their views on 14(c) programs.

The first to speak was a representative from Microsoft, who announced that they oppose 14(c) programs, because they believe everyone with I/DD or autism can work for minimum wage or better. They announced that they had opened up over 500 jobs in competitive integrated employment.

Microsoft's statement was allowed to run nearly 5 minutes, The two minute time limit was imposed after their representative delivered their prepared statement. This was, once again, a grim reminder that powerful organizations hold much larger influence over policy than do individuals or families of people with IDD and autism.

Our friend Kit Brewer, a provider of 14(c) services and VP of the Coalition for the Preservation of Employment Choice, later spoke, thanking Microsoft for opening up 500 competitive jobs, but countered that providers in the State of Missouri have provided employment to over 5,000 people who prefer to work in sheltered workshops under 14(c).

VOR's Dawn Kovakovich spoke of her daughter's growth over her adult life that is a direct result of her engagement in sheltered workshop. She also told the attendees that the best explanation for the need of 14(c) programs can be found in Chapter 4 of Amy Lutz; book, "Chasing the Intact Mind".

Several self-advocates spoke of their feelings that people with I/DD or autism working for less than minimum wage was hurtful or degrading to them personally (that is, to the self-advocate, not the person who is working in the environment of their choosing). A representative from Diability Rights Kansas also spoke against sheltered workshops.

Hugo Dwyer of VOR spoke of the difficult choices that families are forced to make throughout their lives to ensure what is best for their loved ones with I/DD and autism. These choices vary, depending on the individual in question and the options available, and how members of the disability community should work together and support each other's choices, even if those are not the choices they have made. We should support each other, empathize with each other's challenges, and respect the choices that each of us make.

It is vitally important that VOR members sign up to speak at these meetings. Every voice in favor of 14(c) programs is needed, to help preserve these opportunities for those families who benefit from them.