Federally Sanctioned Exploitation Of Workers with Disabilities – Happy Labor Day:
On this Labor Day, Out Of Exile – Invisible Disability Rights gives thanks and honor to workers and the unions that protect them. Without unions, the experience of many workers may be similar to that of the disabled. This piece will focus on the exploitation and abuse of disabled workers by employers , and how it's perfectly legal under federal and state laws in the US. Section 14(c) of the US Department of Labor's "Fair Standards And Labor Act" (FSLA), has been virtually unchanged since it was enacted in 1938. Under the almost century old regulation, employers can apply for a certificate which allows them to pay workers with disabilities, an unspecified subminimum wage.
The average sub wage and the number of disabled people seemingly exploited by this legislation, seems to vary among the sources linked below. By any account, even one person with disabilities being preyed upon in this way, is far too many. The wages are inhumane. A 2021 Forbes article claims over 320,000 people with disabilities, the majority with invisible disabilities, earn an average of $3.34 an hour. A previous Forbes article put the figures in excess of 420,000 people being paid as little as $2.15, while others cite drastically lower wages. Some organizations like Goodwill, form their own "sheltered workshops", determining their own limits on sub wages for their disabled workers. There seems to be no bottom limit on how little individuals with invisible disabilities can be paid.
"The non-profits use “time studies” to calculate the salaries of Section 14 (c) workers. With a stopwatch, staff members time how long it takes a disabled worker to complete a task. That time is compared with how long it would take a person without a disability to do the same task. The non-profit then applies a formula to calculate a rate of pay, which may be equal to or less than minimum wage".
A decade ago, NBC reported that Goodwill industries, presumably by authority of their DOL "Section 14(c) certificate", paid disabled workers twenty-two cents an hour. The report claims that some were paid as little as three or four cents an hour. Think about paying your bills 10 years ago on a wage like this. Some nonprofits, even place Section 14(c) workers in outside, for-profit endeavors in restaurants, stores and even, "IRS centers". That sounds more like calculated exploitation, rather than accommodation and equality. Though the "NBC-Goodwill" article and figures are old, the problem is older and still continues today.
The theory of sheltered workshops is to prepare individuals with disabilities to transition to outside employment. In Missouri, disabled workers packaging T-shirts or sorting and counting dog treats to be sold for profit on Amazon, rarely "graduate" these workshops into regular paying jobs. Pay for sorting the $15 Amazon dog treats? $1.50 an hour while Jeff Bezos builds rocket ships. The title of the recent ProPublica article linked below, says it all. "Missouri Allows Some Disabled Workers to Earn Less Than a Dollar an Hour. The State Says It's Fine If That Never Changes". I say, show me change in the Show-Me state and across the country.
In a follow-up to that story by ProPublica, some participants of sheltered workshops said they approved, saying the alternative is to sit at home and do nothing. Are these opinion formed as a result of gas lighting or years of oppression accepted as "just the way it is"? It's time for new attitudes and alternatives for the disabled community when it comes to wages and employment. In some states, now there are.
About 16 states have changed or passed laws regarding disability subminimum wage exploitation but, nothing to speak of federally. A three year old press release from the National Council on Disability that "Applauded the US commission on civil rights call to repeal section 14(c)", seems to be the sum of that effort. Other states have actions in progress including: Connecticut, Minnesota, New Hampshire, New York. If you live in any of these states, now's the time for activism and to let your representatives know how you feel. Follow the ""legislation watch" APSE link to track progress. The Alternative? Similar actions introduced in Kentucky and West Virginia died in committee allowing this despicable injustice against disabled people in those states to continue. Change is up to everyone. What will you do to help stop the exploitation and abuse?
I was sick, and you said "You look fine to me".
I was sick, and you cast me off.
I was sick, and you used it against me.
I was sick, and you took my health care.
I was sick, and you battered and killed.
I was sick, and you fought for a wooden hammer.
I was sick, and you fought about blue and red.
I was sick, and you fought as the nations watched with disdain.
I was sick, and you fought the "wrong" while resembling it.
I was sick, as you fought for "all" but, forgot about us.
My adaptation of Matthew 25:39 inspired by the work below. (Not an endorsement for religion or church)
I was hungry, and you blamed it on the communist
I was hungry, and you circled the moon.
I was hungry, and you told me to wait
I was hungry, and you set up a commission.
I was hungry, and you said "So were my ancestors".
I was hungry, and you said we don't hire over 35.
I was hungry, you said God helps those…
I was hungry, and you told me I shouldn't be.
I was hungry, and you told me machines do that work now.
I was hungry, and you had napalm bills to pay.
I was hungry, and you said the poor are always with us.
Lord, when did we see you hungry?