COMMENTARY: Disabled people deserve to make a living wage

It’s time to stop paying disabled people sweatshop wages.

A little-known program within the Department of Labor allows private employers to apply for 14(c) certificates that waive fair wage laws so they can pay disabled people pennies an hour to work in uncomfortable warehouses doing repetitive jobs like sorting items and unloading packages. The department recently proposed a policy phasing out the program, and it’s understandable why some are concerned about closing a program targeted at individuals with significant disabilities. We must make this change to provide opportunities for disabled people to live and thrive in their communities.

Initially, 14(c) certification was developed to help disabled people secure employment. The program assumed disabled workers couldn’t perform the same labor as their nondisabled peers, so it allowed employers to pay them equivalent to what the employer believed their productivity was worth compared to their non-disabled peers. Unfortunately, unintended consequences left disabled workers vulnerable to abuse as they work in “sheltered workshops,” earning an average of $3.50 hourly.

As a vocational counselor, I sent disabled workers to these 14(c) employers to do work evaluations. Some of my colleagues had people with significant developmental disabilities work these jobs indefinitely. By far, the most common complaint I received about 14(c) employment was how bored the workers felt. They had little time to interact with anyone and few opportunities to grow in their careers. The folks who stayed at these facilities often did so because they lacked connection with other financial support or services. I began to realize how ineffective these programs were. My clients felt trapped and unable to cover the cost of daily essentials.

I became concerned about how vulnerable these individuals were to abuse. People with significant developmental disabilities are up to 10 times more likely to experience neglect and abuse. In 2013, a case against a Texas poultry factory unearthed significant abuses being inflicted on disabled workers. The employer paid them a flat amount regardless of how many hours they worked, and he would even engage in physical abuse. The disabled workers had their Social Security benefits and wages deducted for food, housing and other “in-kind” supports.

Ultimately, a jury found they were owed millions of dollars in back pay. A 2023 government study on the 14(c) program found that 84 percent of the nearly 34,000 violations between 2021 and 2023 involved employers failing to pay appropriately.

Disability self-advocates launched a campaign to eliminate 14(c) certificates, viewing it as another systematic way to keep disabled people impoverished and segregated. Still, some parents, family members and professionals continue to advocate for it, fearing a loss of services and support for their children. That fear is understandable. However, I don’t believe it should stop us from eliminating a policy that keeps disabled people poor. A recent study showed that states that eliminated 14(c) saw increased disability employment.

These 14(c) certificates were never intended to supplant services such as home care and community support. They were designed to help disabled people enter the workforce. Now, the program has morphed into an adult day care system that requires disabled people to produce products for sub-minimum wages to profit employers.

We must force service providers outside their comfort zones to provide solutions that keep disabled people gainfully employed in their communities. Home and community-based services can provide job coaching and personal care for individuals, even those who work in competitive environments.

Vocational rehabilitation services can use strategies such as Individualized Placement and Support, which have proved effective in getting disabled people employed. More collaboration between government agencies and private employers can help individuals with disabilities obtain and maintain employment. Community care programs and other resources can support caregivers working or caring for themselves.

We must treat disabled people with dignity. We must separate our ideas of care and work when it comes to people with disabilities. Paying disabled people a sub-minimum wage dehumanizes their value. This is why I encourage community members across the country to submit a comment on the Department of Labor’s new policy in support of the phaseout of the 14(c) program.

Some resources make it easy. Even with the change in presidential administrations and the possibility of blocking this new regulation, we still have a substantial chance to eliminate 14(c). A wave of public comments supporting the new regulation will let policymakers know they must prioritize disabled people’s needs and life goals without patronizing or devaluing them.

Mia Ives-Rublee is the senior director of the Disability Justice Initiative at the Center for American Progress. She wrote this for InsideSources.com.