Recent developments have cast new light on the issue and energized advocates trying to end the practice. Last February, 2014, President Obama issued an Executive Order that raises to $10.10 the hourly minimum wage paid for work performed by parties who contract with the Federal Government, including workers with disabilities. According to the Order, raising the pay of low-wage workers increases their morale and the productivity and quality of their work, lowers turnover and its accompanying costs, and reduces supervisory costs.
Photo credit: APSE |
Yet, at the same time, SourceAmerica, formerly known as NISH, as the agency responsible for distributing government contracts to non-profits, continues to routinely award such contracts to many non-profits that pay workers with disabilities less than minimum wage. Indeed, it has even lobbied against the phasing out of Section 14(c). This recently lead to a very public protest of SourceAmerica headquarters by a collaboration of national advocacy organizations, including APSE, the National Federation of the Blind, the National Council on Independent Living, ADAPT, Little People of America, and TASH.
Finally, bi-partisan support continues to grow for US House Bill H.R. 831, The Fair Wages for Workers with Disabilities Act. Now with 96 co-sponsors (as of August, 2014), the bill would end issuing any new special wage certificates by the Department of Labor. It also phases out existing certificates, giving for-profits one year until their certificate is revoked; public entities have two years; and private non-profit vocational providers using sub-minimum wage will have 3 years to transition to integrated job placements at commensurate wages. At that time, Section 14(c) of the Fair Labor Standards Act will also be repealed.
Over 2700 existing certificates are being used across the US currently. Predictably the outcry from most in reaction to the pending legislation has been dire predictions of layoffs, closures, and the spectra of people having nowhere to go or nothing to do. And while this could actually happen, it could only occur if those providers elect to do nothing about modernizing their services over the phaseout. In fact, there are many other agencies that exist that serve the same individuals with the same kinds of support needs, and do so without using sub-minimum wage. A good deal of evidence supports the ending of this antiquated practice.
It’s time to make US wage policy consistent and inclusive of all people, including workers with disabilities.
Bob Lawhead serves as CEO of Community Link in Colorado. He is Public Policy Chair for the Colorado Association of People Supporting Employment First (CO-APSE) and Co-Chairs the National Association of People Supporting Employment First (APSE) Public Policy Committee. Bob also serves as the Colorado Project SEARCH Statewide Director, is a member of the TASH Employment Committee and is an advisor to Self-Advocates Becoming Empowered (SABE) of Boulder County.
[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
Over the last year, I’ve been in front of numerous audiences to discuss the concept of Employment First and the need to phase out facility-based sheltered workshops. I don’t make the argument lightly. It is a wholesale change of focus for many. It uproots individuals from their comfort zone. It is threatening to agencies and parents. It requires funding and core policy shifts.
This week, the US Department of Justice (DOJ) reached a landmark settlement based on the conclusion that the state of RI and the city of Providence failed to provide services to individuals with developmental disabilities in the most integrated setting, and were putting students in a school transition program at risk of unnecessary segregation in sheltered workshop and day program settings. Earlier this year, DOJ had investigated the state for violating the Olmstead decision of the Supreme Court through its day activity services system. They focused on Training Through Placement (TTP), a North Providence agency that had a sheltered workshop with transitioning students from the Birch Vocational Program and other schools.
Under the settlement, individuals in Birch and the TTP workshops will now receive supported employment and integrated day services sufficient to support 40 hours per week. It is expected people will work an average of 20 hours a week and receive competitive wages. According to the agreement, supported employment placements cannot be in sheltered workshops, group enclaves, mobile work crews, time-limited work experiences (internships), or other facility-based day programs.
The 29-page agreement is quite comprehensive, and follows on the heels of another DOJ intervention regarding sheltered workshops in Oregon (see The Good, Bad and Ugly). This now marks two separate states that within the last six months have been pushed, under the Olmstead decision, into finally taking action against their long-standing policies of primarily funding sheltered workshops for day services. Clearly, the issue of day service segregation is finally moving from “wait and see” to civil rights enforcement.
Let’s look at the Rhode Island situation further. TTP workers with disabilities made an average $1.57 per hour, with one person making as little as 14 cents per hour. The investigation also found that Birch students were generally denied diplomas. Most were paid between 50 cents and $2 per hour, or were not paid at all, regardless of productivity. DOJ noted that the Birch program had been in existence for 25 years, and was a “direct pipeline” for cheap labor for TTP, which had contracts with local companies. The jobs were mostly typical of sheltered workshops, assembling jewelry, bagging, labeling and collating.
Effective March 31, 2014, the State will no longer provide placement or funding for any sheltered workshop or segregated day activity services at TTP. Further, last March, Rhode Island embraced an Employment First policy. Under the new policy, new participants in the state system that provides employment and other daytime services to 3,600 people with developmental disabilities will no longer be placed in sheltered workshops. The sheltered workshops should be completely phased out within the next two to three years.
The next question that should come to mind, if you are running or funding a program in a state chock full of workshops, is “Am I next?” Readers of this blog can examine the case presented for moving away from sheltered employment in other posts here. I also have had this discussion with some of the US DOJ attorneys. It’s time to expand the Employment First movement so that we away from sub-minimum wage, segregation, and limited work options, based on an obsolete model that can leave people open to exploitation. People with disabilities deserve better in every state. Employment First should not just be rhetoric. Take a leadership role now; there is no reason to wait for a lawsuit…
The state of Oregon, like it or not, will have a spotlight shining on it as it plans the future of employment services for people with intellectual/developmental disabilities (ID/DD). Like most states, Oregon spends the large majority of its employment service dollars ($30 million a year) for individuals with disabilities to be in sheltered workshops. In 2012, advocates filed a class action lawsuit challenging Oregon’s failure to provide supported employment services.
Last month, in a startling move, the US Department of Justice (DOJ) announced it had joined the lawsuit, stating, “We are seeking to represent the interests of Oregonians currently working in sheltered workshops and those who are at risk of being placed in sheltered workshops upon their graduation.”
The complaint gave many examples of how people are currently “working” in workshops, such as one where 150 people with disabilities hand sort trash and clean garbage bins, with some earning only 44 cents an hour. The complaint noted that these conditions have persisted for decades, despite repeated reports and plans calling for action for reform. Again, this type of work is not unique to Oregon, and can be found throughout the US.
State Data: The National Report on Employment Services and Outcomes, ICI, UMass Boston |
Also, nearly every state reports integrated employment as only a small part of their day services. A recent article from the Institute on Community Inclusion at UMass Boston concluded that less than one in five people nationally are provided supported employment services, and that “there has not been a meaningful change in the number of people with ID/DD in integrated employment since 2001.”
In response to the complaint and the weight of the DOJ joining, Oregon Governor Kitzhaber issued an Executive Order to stop funding work assessments in sheltered workshops in 2014, and to stop funding sheltered workshops for those coming out of school or not already in one.
Every service system serves more people each year, yet the percentage of people in the majority service, sheltered work, stays the same. In effect, the numbers of people entering segregated work grows larger than those entering integrated work. In other words, four times as many people enter sheltered work each year as integrated work, making the problem larger and more difficult with time.
The Oregon executive order effectively freezes new placements in sheltered workshops, ending their continued growth. In addition, by eliminating work assessments in workshops, the order acknowledges the work being done there has little to no validity for predicting vocational preference or competence for any individual.
The state also says it will establish and implement a policy that Employment Services shall be evidence-based and individualized. Over the next nine years, the state sets targets to provide job services to 2,000 individuals.
The Order considers group employment of eight or less, including crews and enclaves (an antiquated definition of supported employment) to be “integrated employment settings.” Group employment models have serious issues, and are not considered best practices, nor are they individualized as the Order announces services should be. Treating group placements as successful vocational outcomes misses an important point.
Disability Rights Oregon (DRO) immediately noted the planning holes in the Order regarding the future of the workshops in the state. Although “a significant reduction over time of state support of sheltered work” is stated, DRO notes that it provides “no adequate or effective commitment to benchmarks, system outcomes, or re-allocating or re-distributing resources to provide individuals with disabilities access to employment services in integrated settings. In sum, the plan all but assures that the goals for delivering services to individuals in the community are advisory goals and not commitments.”
This means there is little realistic planning for the challenging process to transfer to real community jobs those workers already placed in segregated facilities earning sub-minimum wages. And, according to the benchmarks, probably only a third of those already placed there will have access to employment serves over the next decade. Systems change requires a stronger effort in moving people out of workshops, not just closing the door to get in. It’s like trying to end institutionalization by simply stopping intakes. That’s not really a process, it’s more just a waiting game, and gives up on the residents already there.
Although this Executive Order acknowledges the goal of increasing employment and decreasing segregated work, as the system continues to grow, in all likelihood, most workers still stuck in sheltered facilities will continue to have no other options during their lifetime.