We All Deserve a Fair Shot: Time to End Sub-Minimum Wage in America: By: Jason Hahr

America is supposedly the land of opportunity. We toute ourselves as being the greatest country in the modern world, and for the most part, I am a proud American, and I tend to agree with this statement; however, did you know that even though we are just beginning 2025, it is still legal to pay people with disabilities less than the federal minimum wage of $7.25 an hour. Let me say that again: it is still legal in the greatest country in the world to pay a group of our citizens less than $7.25 an hour. How is this possible? The rest of this article attempts to answer that question and shed light on the problem of "sub-minimum wage."

People with disabilities have been a part of American society from the beginning. However, in this author's opinion, we only began to be seen as human in the late twentieth century. In 1938, there was a provision written into the Fair Labor Standards Act that allowed employers who employed people with disabilities to pay them, and I'm not exaggerating, in some circumstances, less than a dollar an hour. This reflected the poor view of people with disabilities by American society at the time. Since we are a nation built by entrepreneurs and businessmen, they even wrote protection for themselves into the law known as (C)14 certificates. These certificates provided the legal authority to pay sub-minimum wages.

Unfortunately, not much has changed in the last 87 years. However, there is a glimmer of hope. In 2021, Robert C. Scott of Virginia attempted to introduce the Transition to Competitive Integrated Employment Act. Sadly, as of this writing, despite the work of disability advocates and allies, it has not only not passed but has not even been brought up for a vote by the House or Senate. The act would phase out (C)14 certificates over three years, but three years is too long. We all deserve time to correct our mistakes. Still, the three-year timetable is ridiculous, for lack of a better appropriate word. That's like giving a bully three extra years to pick on someone before you send him to detention or remove him from the situation.

That being said, one may ask, where does this leave us now? The rest of this article is strictly my opinion. However, I think the inaction on this legislation reflects the poor standing that people with disabilities still hold in modern American society. Don't believe me? In an article published late last year by Disability Scoop, one of our "allies" said that shelter workshops like those that currently exist are the best way to deal with some people with disabilities because of their physical or mental needs. I say, shame on you, sir. I am a physically disabled individual who is very physically needy, but that does not prevent me from working. It is about finding the right opportunity and having patience.

Maybe we as a society should stop looking at a person's disability first and instead at what they can contribute and how to make the most positive experience possible. My cousin works in a workshop setting because she has a form of Cerebral Palsy that impacts her intellectually; however, I disagree with what the ally in the Disability Scoop article implies. Even though her mental capacity is not the same as mine, she deserves equal pay because she is still doing the work. Before my virtual feet get tired from standing on my soapbox, I will reinforce my point one final time by saying that what people get paid in sheltered workshops should at least be minimum wage. Otherwise, it is legalized slavery, and yes, I went there!

 

References:

 

https://www.disabilityscoop.com/2024/12/04/feds-seek-to-end-subminimum-wage-program-for-those-with-disabilities/31191/

https://www.respectability.org/2023/03/competitive-integrated-employment-act-summary/