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WWhen I became disabled in my late teens and began looking for work, I faced barriers including disability discrimination, inaccessible environments, and behavioral bias. I lost my job simply because a free adaptation was rejected. My story is not unique. And this is just one example of how systemic barriers prevent Disabled people to access meaningful employment.

Another major law: a nearly 90-year-old federal law from the Fair Labor Standards Act (FLSA) that allows employers to pay disabled people less than the minimum wage, sometimes just a few cents on the dollar. Finally, Congress is seriously considering legislation that would end this New Deal relic, better known as Section 14(c), which confines people with disabilities to lives of poverty and segregation.

President Biden campaigned to end this discriminatory federal program, run by the U.S. Department of Labor, and disability rights advocates worked with bipartisan congressional champions like Democratic Sen. Bob Casey of Pennsylvania and Rep. Bobby Scott of Virginia, as well as Republican Senator Steve Daines. of Montana and Rep. Cathy McMorris Rodgers of Washington, to push the Transition to Competitive Integrated Employment Act (TCIEA) across the finish line as the 118th Congress winds down after the election. Republican leaders, including Neil Romano, are championing the reforms.

When President Roosevelt signed the FLSA of 1938, it was a landmark law that established minimum wage, overtime pay, and protections against child labor, but it initially excluded several groups of workers. When it was first passed, farm workers, domestic workers and others, many of whom are from marginalized communities, including Black and immigrant workers, were not covered by its protections. This was largely due to political compromises aimed at gaining support from Southern Democrats, who wanted to maintain the status quo of labor practices benefiting from the exploitation of these workers.

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Over time, the FLSA has been amended to include some of these previously excluded groups. In 1966, agricultural and restaurant workers were covered by the law, and in 1974, domestic workers were included. But in 2024, workers with disabilities are still legally allowed to earn less than minimum wage based on their productivity. Although efforts to phase out this exclusion have intensified in recent years, workers with disabilities remain the only group still legally subject to subminimum pay under federal law.

States like Alaska, Maryland, New Hampshire, and Vermont have already abolished Section 14(c), proving that a fair and equitable labor market for workers with disabilities is possible. Additionally, red states like Utah have taken significant steps to end Section 14(c). It is time to bring this reform to the federal level.

The intent of Section 14(c) was to allow employers, particularly sheltered workshops, to pay disabled workers based on their productivity relative to non-disabled workers. The idea was that by offering wages below the minimum, employers would have an incentive to hire disabled workers who might otherwise be excluded from the labor market. However, it has become a convenient loophole for employers who want to obtain cheap labor while exploiting disabled workers without facing consequences. By allowing these practices to continue, we enable the exploitation of an already marginalized group, entrenching them further in poverty rather than providing them with opportunities for growth and independence.

The idea that pay should be tied to productivity is fundamentally flawed, especially considering that non-disabled workers are rarely, if ever, paid based solely on their productivity. In most industries, non-disabled employees are paid a standard rate regardless of their individual performance, and factors such as seniority, education or role in the company often play a much greater role in determining remuneration. If all workers, regardless of disability, were paid solely based on their productivity, it would reveal the absurdity of this as a fair measure of value. Productivity fluctuates depending on many factors such as work environment, work accommodations and access to resources, factors that disproportionately affect people with disabilities due to systemic barriers they face.

Section 14(c) only masks a much bigger problem: broken and inaccessible systems that limit opportunities for people with disabilities.

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We must reform systems that confine people with disabilities to decade-long waiting lists to receive needed services in their homes and communities, that limit upward mobility to move states and change careers, and that limit our community has asset and income limitations that equate to a lifetime. of poverty. This is not the American dream – a disincentive to work, a choice between gainful employment and essential support, perpetuating poverty and making it almost impossible to accumulate savings or achieve financial stability.

Many people with disabilities are forced to start their own businesses because traditional employment is inaccessible. This is what I did, frustrated by my own struggles and the lack of representation of people with disabilities. From inaccessible workplaces to lower pay to societal bias, the barriers people with disabilities face in employment are countless. We are often forced into entrepreneurship, and yet entrepreneurs with disabilities are 400 times less likely to receive venture capital than their non-disabled peers.

This is ironic given the labor shortage and the demand for creative and adaptable workers, qualities that people with disabilities inherently possess to navigate a world that is not designed for us. Despite this, People with disabilities are twice as likely to be unemployed in the United Statesand those with intersectional identities face even higher rates.

Perhaps the most significant barrier lies in societal attitudes, negative perceptions, and assumptions about the abilities of people with disabilities. Many employers continue to believe that people with disabilities are less capable, less productive, or require too many accommodations to be worth hiring. According to the Center for Talent Innovation, 62% of disabled employees have “invisible disabilities” and many do not disclose them for fear of discrimination.

Overcoming these barriers requires policy changes and a fundamental shift in how we view disability in the workplace. We must recognize that people with disabilities bring valuable skills and perspectives, and that with adequate access, they can be as successful, if not better, than their non-disabled counterparts, and that all of us, if fortunate enough to live long lives, will become disabled at some point. Disability is a natural part of human diversity.

As we reflect on the myriad challenges facing our community and how we hold our elected leaders accountable, we must start by abolishing the minimum wage. We can then work to advance proactive federal solutions that create accessible and inclusive pathways to employment and entrepreneurship.

Having had to forge my own path when traditional employment closed its doors, I am committed to ensuring that no other disabled person is ever forced to do the same. But if they want to, they should have the funding, support and access to succeed on their own terms.

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