Don’t take away jobs from intellectually disabled workers 

For years, disagreements have raged within the disability community regarding the federal Special Minimum Wage (SMW), which by law allows certain employers to operate work centers in which they pay intellectually/developmentally disabled (IDD) individuals less than the federal minimum wage. Such employers, overwhelmingly nonprofit service providers known as Community Rehabilitation Programs, were first established many decades ago, often by groups of parents, in order to provide a place for IDD individuals to work. The SMW allows these workers to be paid on the basis of their productivity. 

On Dec. 3, the U.S. Department of Labor announced that they intend to issue a rule that will phase out the Special Minimum Wage.  

For those unfamiliar with SMW work centers, this may seem like a good idea. After all, isn’t this just a matter of fairness? Disability rights advocacy organizations have lobbied hard for the elimination of the SMW. They have labeled it the “subminimum wage” in order to connotate that these workers are being unfairly treated.  

A number of states have taken unilateral action to eliminate the SMW, which has forced many nonprofits to close their work programs, as they are then financially unsustainable, relegating many of their workers to day care programs or just staying at home. Data from the Government Accountability Office shows that approximately 390,000 14(c) jobs have been lost since 2001.  

Further, data from the Institute for Community Inclusion (ICI) at the University of Massachusetts reports a multi-year trend of increasing numbers of IDD individuals in non-work pursuits, primarily adult day care. While day care is a valuable service for many, how can anyone say it is a preferable option for those who want to work but are only capable of working in the environment of a SMW work center program? 

The Department of Labor seems to think that all IDD individuals are capable of regular jobs with the proper supports, and that there are plenty of jobs out there for them. Common sense should tell anyone that this is not true.  

The ICI reports that, in 2021, only 22 percent of IDD individuals attained jobs in the general workforce. Anyone who has worked closely in the disability field should realize that there is a wide range of disability in the IDD community, from mild to profound, and that many of these individuals cannot succeed at regular jobs.  

Some say that IDD individuals need the minimum wage so they can be more self-sufficient. However, the number of hours worked by those who have found regular jobs is low — often less than 10 hours a week. It would be hard to be self-sufficient at $7.25 an hour, or even $15.00 an hour, for 10 hours a week. In addition, IDD individuals working under the SMW are not dependent on their wages for their livelihood. Most either live with family members or in group homes, where their needs are provided for and they receive a multitude of government financial supports. 

Efforts to eliminate the SMW seem to discount the feelings and desires of the families that are utilizing the program. Data solicited both by the Department of Labor and the U.S. Commission on Civil Rights shows that the overwhelming majority of families involved with the SMW strongly support it. Parents are told that they have “low expectations” for their intellectually disabled loved ones, that they are not looking out for their best interests. How insulting is this to parents who have dedicated their lives to providing the best for their IDD children?  

As you might guess, my son has a significant intellectual disability, and has worked in a work center under the SMW for many years. I wish you could see how much he loves his job, how proud he is to receive his paycheck and how much he enjoys having friends and a caring staff at his workplace. Why would anyone want to take this away from him? Isn't it better for him to make a small wage than to make nothing at all?  

I can only hope that the government doesn’t go down the path of eliminating his work program. Perhaps the new federal administration will take a different stand on this issue. I can only hope, for my son’s sake. 

Rick Wilson is the father of a significantly disabled son who has worked in 14(c) employment for many years. He is one of the founding parents of A-Team U.S.A., a nonprofit that advocates for employment choice for intellectually disabled individuals. He has also been a Special Olympics coach for 25 years.