ACTION ALERT: URGE CONGRESS TO SUPPORT THE TRANSFORMATION TO COMPETITIVE EMPLOYMENT ACT (HR 873/ S260)

Most people with disabilities want to work, live independently and be economically self-sufficient. Unfortunately, employment for people with disabilities continues to lag significantly compared to those without disabilities. For too many people with disabilities, their only option is to work in segregated settings called “sheltered workshops,” where they are isolated from co-workers without disabilities and the broader society and are legally paid pennies on the dollar under Section 14(c) of the Fair Labor Standards Act (FLSA). The Workforce Innovation Opportunity Act (WIOA) recognizes that while the subminimum wage provision (Section 14(c)) must be phased out, it must also include a systematic approach to expand capacity for competitive integrated employment, particularly for people transitioning out of sheltered workshops. The new Transformation to Competitive Employment Act (HR 873/ S260) both phases out subminimum wage and provides grants for technical assistance and funding to help states and 14(c) certificate holders (businesses that are segregated settings and/or pay workers with disabilities subminimum wage) move to a paradigm of more integrated and innovative approaches to disability employment.

Join NDSC and others in calling for the end to the discriminatory and unfair payment of subminimum wages to people with disabilities while increasing opportunities for competitive integrated employment by passing the Transformation to Competitive Employment Act. 

Please take a few minutes to contact your Senators and Representatives and ask them to cosponsor the Transformation to Competitive Employment Act (HR 873/ S260). It is time to end subminimum wage responsibly and expand Competitive Integrated Employment! 

Background

The Transformation to Competitive Employment Act of 2019 (HR 873 / S 260) was recently introduced by Senators Bob Casey (D-PA) and Chris Van Hollen (D-MD) and Representatives Bobby Scott (D-VA) and Cathy McMorris-Rodgers (R-WA). It provides a thoughtful approach to phasing out Section 14(c) subminimum wage over a six-year period while providing the funding, supports and training necessary to change the infrastructure of outdated business models. This “capacity-building” component of the bill is what distinguishes it from other bills that have attempted 14(c) phaseouts and is a responsible approach to ending the discriminatory payment of subminimum wage while helping businesses transform to competitive integrated employment settings. Competitive Integrated Employment is when people with disabilities work in mainstream jobs alongside, and are paid comparable wages to, co-workers without disabilities.  

While other bills have sought to phase out Section 14(c), this bill is unique in that it also includes a systematic approach to expand capacity for competitive integrated employment, particularly for people transitioning out of sheltered workshops. The grants provided under this bill would bring stakeholders together to develop the system infrastructure and align funding for competitive integrated employment and ensure that ending the subminimum wage is done thoughtfully to avoid unintended consequences for individuals with disabilities. For more information about this bill, please visit the House Committee on Education and Labor website for a Fact Sheet (https://edlabor.house.gov/imo/media/doc/2019-01-29%20Transformation%20to%20Competitive%20Employment%20Act%20Fact%20Sheet.pdf) and a section-by-section summary (https://edlabor.house.gov/imo/media/doc/2019-01-29%20Transformation%20to%20Competitive%20Employment%20Act%20Section%20by%20Section.pdf.)

You can find a two-pager about this bill on the Collaboration to Promote Self-Determination website at: 
http://thecpsd.org/wp-content/uploads/2019/02/Transformation-Act-two-pager-final-2.12.19.pdf

Call your Representatives and Senators and ask them to vote YES on the Transformation to Competitive Employment Act (HR 873 / S 260). 

Thank you for your advocacy efforts! 

The NDSC Policy & Advocacy Team

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