I've decided to write first on the subject of sub-minimum wage as in the last two weeks or so, many of you have asked directly about sub-minimum wage or have sent me news clips about Goodwill Industries from this summer and fall and have asked for more information regarding the wage practices that are gaining attention in the news.
First of all, before I dip into this subject, the FAQ section for the Fair wages for Workers with Disabilities Act of 2013 gives a very, very good overview of the matter and I would have just copy pasted it here, but it's long and that would be unethical. If you read nothing else on this page though, please please read the FAQ here. You have to do a tiny bit of work, as it is a word document, but really, worth the 3 seconds of effort. Besides being a good synopsis of the issue, it begins to go over, more than I do here (which is not at all...), arguments for sub-minimum wage and debunks their legitimacy.
And now....
A sweeping overview of Sub-Minimum Wage
Yes, it is legal to pay a worker with a disability below the minimum wage. Section 14(c) of the Fair Labor Standards Act allows for a provision which allows employers to apply for a certificate to pay workers below a minimum wage based on productivity. Shocking but true: some workers with disabilities are paid as little as three cents an hour. This is certainly not the case for every under-paid worker and is the low end, but...3 cents?!?!
Well shoot! Tell me more! What's happening to change this? What's the conversation?
This bill is a
pretty big deal as it is asking, within 3 years of enactment, for
all certificates of sub-minimum wage to be revoked. Immediately upon
enactment, certificates would cease to be issued. Within the first,
second and third years or enactment private for profit entities,
government/public organizations and non-profits would respectively
have their certificates revoked.
Those behind the bill pose the argument that the rules regarding wages established under section 14(c) of the Fair Labor Standards Act of 1938 were as the title indicates, enacted in 1938. During this time there were few avenues in which people with disabilities could enter the mainstream workforce due to competition for jobs. Section 14(c) was created to protect people with disabilities and ensure some work rather than no work. Although we have again hit a recession, which certainly makes attaining a job difficult for many of us, the environment we are in is significantly different than the 1930s and 40s. We have made extremely significant advancements with regards to vocational rehabilitation, training practices for disabled workers, how we as a culture see people with disabilities in general and advancements in technology.
It is in very recent history that institutionalization has been questioned, the development of the ADA in 1990 has been instrumental in this change as it makes illegal any discriminatory practice against a person with a disability and is supposed to ensure equal opportunity. It's only in the last 30 years or so that we are saying with our laws and policies that people with disabilities deserve the same treatment and options as people without and of course there is still a long long way to go! (For a great resource and overview of deinstitutionalization, go HERE!)
Along with the way we're changing culturally, the amount and quality of technology available in our world has been huge. The technology that we have now allows people to do jobs that an individual with a disability might not have been able to do in the 30s and 40s. Communication and mobility as well as health supports have all been significantly improved due to many innovations.
My Thoughts Thus Far:
Those behind the bill pose the argument that the rules regarding wages established under section 14(c) of the Fair Labor Standards Act of 1938 were as the title indicates, enacted in 1938. During this time there were few avenues in which people with disabilities could enter the mainstream workforce due to competition for jobs. Section 14(c) was created to protect people with disabilities and ensure some work rather than no work. Although we have again hit a recession, which certainly makes attaining a job difficult for many of us, the environment we are in is significantly different than the 1930s and 40s. We have made extremely significant advancements with regards to vocational rehabilitation, training practices for disabled workers, how we as a culture see people with disabilities in general and advancements in technology.
It is in very recent history that institutionalization has been questioned, the development of the ADA in 1990 has been instrumental in this change as it makes illegal any discriminatory practice against a person with a disability and is supposed to ensure equal opportunity. It's only in the last 30 years or so that we are saying with our laws and policies that people with disabilities deserve the same treatment and options as people without and of course there is still a long long way to go! (For a great resource and overview of deinstitutionalization, go HERE!)
Along with the way we're changing culturally, the amount and quality of technology available in our world has been huge. The technology that we have now allows people to do jobs that an individual with a disability might not have been able to do in the 30s and 40s. Communication and mobility as well as health supports have all been significantly improved due to many innovations.
My Thoughts Thus Far:
Sub-minimum wage can occur within a
“regular employer situation” but is most likely going to occur in a “sheltered workshop” setting. A sheltered
workshop is a place where workers are segregated on the basis of disability to work with other people "like them."
First off, people with disabilities and people without disabilities can be just as different or similar as two people with disabilities. To lump a large group of people together on the basis of "disability" is segregation and emphasizes the "difference" of this group. It would be similar to putting a bunch of blonde, curly-haired, stripe-wearing, slightly jumpy people like me in the same place. It would look strange and would emphasize our difference from the rest of society.
The rest of this article from the Pittsburg Post-Gazette is worth a read, but here is a selection from the newspaper article regarding the promotion of similarity awareness:
"After years of advocacy, our perspective now is to change this paradigm. Rather than focus on the differences that disability might bring, we need to promote the similarities we all have, in spite of our differences. Sociologists know that similarities attract people; indeed, it is how all of us build relationships in our lives. Further, similarity and regularity of exchange actually allow us to go beyond our difference and build strong and lasting relationships."
When I consider our relationship with work and wage, it seems to me that our wage is quite important in terms of status, success and integration into a community. Now, while I will probably never advocate for us all becoming greedy-status hungry monsters when it comes to wages (or anything else), and while I have various thoughts on money in general which perhaps I will write about in the future, paying someone sub-minimum wage does say “you are not worth what everyone else is legally worth.” You are less-than. To take home a paycheck where one is paid 60 cents an hour is dehumanizing. No, humans are not their possessions, but money does allow us to access our community and receive goods and services. Sometimes people need toothbrushes. Sometimes people want a piece of cake. These things usually take money, and if you bring home a paycheck for $15.93, it's going to be very difficult to get the things that are necessary. For a good read/listen from Chicago radio station WBEZ 91.5 on this subject, go to that link. Aren't links fun!?!? Click click click!
Not only is employment one of the large ways that our society enters the community, but we use the wages we earn from that employment to engage with out community in ways we choose in our free time. This might not mean nights at the opera every week, but even simple things like gas or a bus ticket to get to a friend's house or a pint of ice cream to share.
On top of this, a person with a great deal of support needs has expenses that extend far beyond rent, groceries, phone bills and a night at the movies. There are support staff that must be paid, medicine and other medical supports, adaptive equipment and home renovations to create accessibility, more than the average number of doctors visits etc etc etc and etc.
If our law says that “ensuring employment” (this is sarcastic as I mentioned before that much of this “employment” is usually happening in sheltered workshops) for folks with disabilities is more important than paying a minimum wage (keep in mind, we're talking about minimum wage, we're not even talking living wage!) we choose something for a huge number of people. This is one of the main aims of the Employment First Act and something that many individuals who advocate as a person with disabilities or on behalf of people with disabilities are fighting for.
Now, the issue does become a bit more complex when we factor in the fact that people with disabilities are often recipients of Social Security Benefits. I'll explore this in a further post because I fear I've already written too much for one post!
Those of you that made it to the bottom of this post can weigh in on my next topic!
Future topics can include: perception of disability/ability in society, SSI benefits, Employment First Initiative (ie: so how is this "integrated employment" this supposed to work?!), history of Institutionalization/deinstitutionalization, what is "Community Integration"? or anything else this post triggered!
Happy Monday!
Sign a petition to end sub-minimum wage!
But wait! I wasn't done reading! I want more!
Well of course you do! Here you go!
"Sheltered Workshops and the Sub-Minimum Wage" 1986, James Gashel
Article on Forbes.com
Thoughts on Disability Awareness vs. Similarity Awareness from adoption.com (I enjoyed reading these thoughts. Good thoughts for teachers, employers, other people to consider regarding how we present disability. Do we educate on differences, on "what it's like to be blind (or have Cerebal Palsy, etc)" which can incur pity, thankfulness at not "being disabled," or do we promote similarity while acknowledging all of our differences, disability or not)
Articles I already linked to:
Commentary: Promoting Similarity Breaks, Disability Barriers. Pittsburg Post-Gazette
WBEZ: Labor laws allow workers with disabilities to earn less than minimum wage
Deinstitutionalization - National Council on Disability
First off, people with disabilities and people without disabilities can be just as different or similar as two people with disabilities. To lump a large group of people together on the basis of "disability" is segregation and emphasizes the "difference" of this group. It would be similar to putting a bunch of blonde, curly-haired, stripe-wearing, slightly jumpy people like me in the same place. It would look strange and would emphasize our difference from the rest of society.
The rest of this article from the Pittsburg Post-Gazette is worth a read, but here is a selection from the newspaper article regarding the promotion of similarity awareness:
"After years of advocacy, our perspective now is to change this paradigm. Rather than focus on the differences that disability might bring, we need to promote the similarities we all have, in spite of our differences. Sociologists know that similarities attract people; indeed, it is how all of us build relationships in our lives. Further, similarity and regularity of exchange actually allow us to go beyond our difference and build strong and lasting relationships."
When I consider our relationship with work and wage, it seems to me that our wage is quite important in terms of status, success and integration into a community. Now, while I will probably never advocate for us all becoming greedy-status hungry monsters when it comes to wages (or anything else), and while I have various thoughts on money in general which perhaps I will write about in the future, paying someone sub-minimum wage does say “you are not worth what everyone else is legally worth.” You are less-than. To take home a paycheck where one is paid 60 cents an hour is dehumanizing. No, humans are not their possessions, but money does allow us to access our community and receive goods and services. Sometimes people need toothbrushes. Sometimes people want a piece of cake. These things usually take money, and if you bring home a paycheck for $15.93, it's going to be very difficult to get the things that are necessary. For a good read/listen from Chicago radio station WBEZ 91.5 on this subject, go to that link. Aren't links fun!?!? Click click click!
Not only is employment one of the large ways that our society enters the community, but we use the wages we earn from that employment to engage with out community in ways we choose in our free time. This might not mean nights at the opera every week, but even simple things like gas or a bus ticket to get to a friend's house or a pint of ice cream to share.
On top of this, a person with a great deal of support needs has expenses that extend far beyond rent, groceries, phone bills and a night at the movies. There are support staff that must be paid, medicine and other medical supports, adaptive equipment and home renovations to create accessibility, more than the average number of doctors visits etc etc etc and etc.
If our law says that “ensuring employment” (this is sarcastic as I mentioned before that much of this “employment” is usually happening in sheltered workshops) for folks with disabilities is more important than paying a minimum wage (keep in mind, we're talking about minimum wage, we're not even talking living wage!) we choose something for a huge number of people. This is one of the main aims of the Employment First Act and something that many individuals who advocate as a person with disabilities or on behalf of people with disabilities are fighting for.
Now, the issue does become a bit more complex when we factor in the fact that people with disabilities are often recipients of Social Security Benefits. I'll explore this in a further post because I fear I've already written too much for one post!
Those of you that made it to the bottom of this post can weigh in on my next topic!
Future topics can include: perception of disability/ability in society, SSI benefits, Employment First Initiative (ie: so how is this "integrated employment" this supposed to work?!), history of Institutionalization/deinstitutionalization, what is "Community Integration"? or anything else this post triggered!
Happy Monday!
Sign a petition to end sub-minimum wage!
But wait! I wasn't done reading! I want more!
Well of course you do! Here you go!
"Sheltered Workshops and the Sub-Minimum Wage" 1986, James Gashel
Article on Forbes.com
Thoughts on Disability Awareness vs. Similarity Awareness from adoption.com (I enjoyed reading these thoughts. Good thoughts for teachers, employers, other people to consider regarding how we present disability. Do we educate on differences, on "what it's like to be blind (or have Cerebal Palsy, etc)" which can incur pity, thankfulness at not "being disabled," or do we promote similarity while acknowledging all of our differences, disability or not)
Articles I already linked to:
Commentary: Promoting Similarity Breaks, Disability Barriers. Pittsburg Post-Gazette
WBEZ: Labor laws allow workers with disabilities to earn less than minimum wage
Deinstitutionalization - National Council on Disability
