Increasing Quality Employment Outcomes for People With Disabilities: Insight from Agencies who have Successfully Transformed from Subminimum Wage to Competitive Integrated Employment

Abstract

Background

Individuals with disabilities are still legally allowed to be paid below the U.S. federal minimum wage through the use of 14(c) certificates. This practice overwhelmingly impacts individuals with intellectual and developmental disabilities and very few ever transition from subminimum wage work to competitive integrated employment. Efforts to reduce and eliminate subminimum wage practices continue at the state and federal levels to differing degrees of success.

Objective

The purpose of the article is to review the current state of 14(c) subminimum wage practices in the United States and identify steps to helping agencies providing subminimum wage work transform to fully integrated service models.

Methods

An interview panel of representatives from agencies that successfully transitioned from 14(c) certificates to competitive integrated services share insight into what is necessary to transition away from subminimum wage practices.

Results

The interview panel identifies important topics related to transformation efforts including how to address safety concerns, transportation barriers, and the decision to change.

Conclusion

Implications for how to successfully eliminate 14(c) certificates and help agencies transform into competitive integrated employment service models are discussed.

Keywords

subminimum wage intellectual and developmental disabilities competitive integrated employment supported employment

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References

Americans with Disabilities Act. 42 U.S.C. § 12101 (1990). https://www.ada.gov/pubs/adastatute08.htm

Association of People Support Employment First (2022). Employment first works. https://apse.org/about-2/employment-first-copy/

Association of People Support Employment First (2024). Trends and current status of 14c. https://apse.org/wp-content/uploads/2024/08/APSE-14c-Update-REV-Jul24.pdf

Avellone

Taylor

Wehman

Inge

Brooke

(2023). State-level analysis of subminimum wage use for individuals with disabilities in the United States: Implications for policy and practice. Research and Practice for Persons with Severe Disabilities, 48(3), 127–138. https://doi.org/10.1177/15407969231192104

Friedman

Rizzolo

M. C.

(2020). Fair-wages for people with disabilities: Barriers and facilitators. Journal of Disability Policy Studies, 31(3), 152–163. https://doi.org/10.1177/1044207320919492

Government Accountability Office (2023). Subminimum wage program: DOL could to more to ensure timely oversight. https://www.gao.gov/assets/gao-23-105116.pdf

Individuals with Disabilities Education Act 20 U.S.C. § 1400 (2004). https://www.congress.gov/bill/108th-congress/house-bill/1350

Inge

K. J.

Wehman

Avellone

Broda

McDonough

(2024). The impact of customized employment on the competitive integrated employment outcomes of transition age youth with intellectual and developmental disabilities: A randomized controlled trial study. Work, 77(3), 721–729. https://doi.org/10.3233/WOR-246003

Krause

J. S.

Rumrill

Dismuke-Greer

C. E.

Jarnecke

(2018). Quality employment outcomes after multiple sclerosis: A comparison of participants from a specialty hospital and the National MS Society. Journal of Vocational Rehabilitation, 48(2), 177–186. https://doi.org/10.3233/JVR-180931

10.

Kuo

H. J.

Levine

Kosciulek

(2020). The relationship of quality of life and subminimum wage: Implications of WIOA section 511. Journal of Rehabilitation, 86(2), 31–38. https://link.gale.com/apps/doc/A631207904/AONE?u=viva_vcu&sid=googleScholar&xid=e83e459c

11.

Luhr

Gordon

Denny-Brown

Peterik

Honeycutt

Elgart

Freeman

(2023). What works to promote competitive integrated employment among people with disabilities? https://swtcieillinois.ahs.illinois.edu/files/2023/11/84.421DDIFSystematicEvidenceReview.pdf

12.

Maroto

Pettinicchio

(2020). Barriers to economic security: Disability, employment, and asset disparities in Canada. Canadian Review of Sociology, 57(1), 53–79. https://doi.org/10.1111/cars.12268

13.

Maroto

Pettinicchio

(2023). Worth less? Exploring the effects of subminimum wages on poverty among US hourly workers. Sociological Perspectives, 66(3), 455–475. https://doi.org/10.1177/07311214221124630

14.

Qian

Papay

Chaxiong

Johnson

D. R.

(2018). Literature review of employment outcomes for adults with intellectual and developmental disability. In Hodapp

Fidler

(Eds.), International review of research in developmental disabilities (pp. 213–266). Academic Press.

15.

Rehabilitation Act of (1973). Pub. L. No. 93-112, 87 Stat. 355 (1973). https://www.ada.gov/resources/disability-rights-guide/#rehabilitation-act

16.

Rehabilitation Services Administration (2022). 84.421D: DIF - Subminimum wage to competitive integrated employment. https://rsa.ed.gov/about/programs/disability-innovation-fund-subminimum-wage-to-competitive-integrated-employment

17.

Riesen

Snyder

Byers

Keeton

Inge

(2023). An updated review of the customized employment literature. Journal of Vocational Rehabilitation, 58(1), 27–38. https://doi.org/10.3233/JVR-221222

18.

Sabella

S. A.

Bezyak

J. L.

(2019). Barriers to public transportation and employment: A national survey of individuals with disabilities. Journal of Applied Rehabilitation Counseling, 50(3), 174–185. https://doi.org/10.1891/0047-2220.50.3.174

19.

Schwartz

S. J.

Fleischner

R. D.

Schwartz

A. Z.

Stephens

E. M.

(2020). Realizing the promise of olmstead: Ensuring the informed choice of institutionalized individuals with disabilities to receive services in the most integrated setting. Journal of Legal Medicine, 40(1), 63–100. https://doi.org/10.1080/01947648.2020.1731329

20.

Taylor

Avellone

Brooke

Wehman

Inge

Schall

Iwanaga

(2022). The impact of competitive integrated employment on economic, psychological, and physical health outcomes for individuals with intellectual and developmental disabilities. Journal of Applied Research in Intellectual Disabilities, 35(2), 448–459. https://doi.org/10.1111/jar.12974

21.

Taylor

J. P.

Avellone

Wehman

Brooke

(2023). The efficacy of competitive integrated employment versus segregated employment for persons with disabilities: A systematic review. Journal of Vocational Rehabilitation, 58(1), 63–78. https://doi.org/10.3233/JVR-221225

22.

Transformation to Competitive Integrated Employment Act (TCIEA), H.R. 1263, 118th Cong (2023). https://www.congress.gov/bill/118th-congress/house-bill/1263/text

23.

U.S. Bureau of Labor Statistics (2024a). The employment situation – April 2024. https://www.bls.gov/news.release/pdf/empsit.pdf

24.

U.S. Bureau of Labor Statistics (2024b). Persons with a disability: Labor force characteristics – 2023. https://www.bls.gov/news.release/pdf/disabl.pdf

25.

U.S. Commission on Civil Rights (2020). Subminimum wages: Impacts on the civil rights of people with disabilities. https://www.usccr.gov/files/2020/2020-09-17-Subminimum-Wages-Report.pdf

26.

U.S. Department of Education (2022). Education department awards $177 million in new grants to increase competitive integrated employment for people with disabilities. https://www.ed.gov/about/news/press-release/education-department-awards-177-million-new-grants-increase-competitive

27.

U.S. Department of Labor (2022). Fact Sheet #39H: Limitations on the payment of subminimum wages under rehabilitation act section 511. https://www.dol.gov/agencies/whd/fact-sheets/39H-Limitations-on-the-Payment-of-Subminimum-Wages

28.

U.S. Department of Labor (2024). 14c certificate holders. https://www.dol.gov/agencies/whd/workers-with-disabilities/section-14c/certificate-holders

29.

U.S. Government Accountability Office (2021). Subminimum wage program factors influencing the transition of individuals with disabilities to competitive integrated employment. https://www.gao.gov/assets/gao-21-260.pdf

30.

U.S. Senate Special Committee on Aging (2024). Transformation to competitive integrated employment act. https://www.aging.senate.gov/imo/media/doc/transformation_to_competitive_integrated_employment_act.pdf

31.

Vocational Rehabilitation Technical Assistance Center for Quality Employment (2024). Subminimum wage toolkit. https://tacqe.com/subminimum-wage-toolkit/

32.

Wehman

(2023). Supported employment and customized employment: How effective are these interventions and what has been their impact on the field? Journal of Vocational Rehabilitation, 58(3), 237–247. https://doi.org/10.3233/JVR-230022

33.

Workforce Innovation and Opportunity Act, 29 U.S.C. §§ 3101-3174 (2014). https://www.dol.gov/agencies/eta/wioa

34.

Zipperer

(2019). The effect of Minimum wages on low-wage jobs. The Quarterly Journal of Economics, 134(3), 1405–1454. https://doi.org/10.1093/qje/qjz014