A Seat at The Table: School to Sheltered Workshop Pipeline

July 26, 2017

Currently, 68 companies hold or have pending approval to hold 14(c) certificates, according to the Department of Labor (DOL). When I addressed those numbers, it did not seem like a large amount of affected individuals, though I'd like the number of companies to be 0. But what happens when we take a closer look at other lists? School Work Experience Programs (SWEPs) are paying many individuals with disabilities, as much as 204 in some locations, sub-minimum wage. Further, it is important to note that the DOL does not, in my opinion, complete a thorough vetting and authorization process before awarding 14(c) certificates.

You're probably wondering, "Chakir', what are you talking about? Sub-minimum wage? You must be crazy!" Sadly, it's true. 14(c) of the Fair Labor Standards Act (FLSA) - ya know, the one that establish the minimum wage - actually allows for authorization for workers with disabilities to be paid less than the minimum wage, if their disability impairs their productivity. Even worse, this appalling treatment of people with disabilities is not well regulated, and it supports methods of segregation, dehumanization, and discrimination. The productivity standard is applied from an albeist perspective, comparing the key performance indicators (KPIs) of a disabled person to a non-disabled person. If a non-disabled person does not perform at the biased "standard" level, is this person to be paid sub-minimum wages? No. He or she is entitled to the minimum wage standard enforced by the FLSA and can be paid no less. **Also note that 14(c) authorizes sub-minimum wage payments to employees who are impaired by drug addiction or alcoholism, though I have not seen this occur in practice. Just something to think about.**

Sub-minimum wage programs are often utilized by sheltered workshops, spaces set up under the premise of equipping disabled workers with job skills for transition into the general workforce. In the 50s and 60s, these workshops were a novel idea, and they allowed a space for people with disabilities to go during the day; they were contributing to the workforce and part of the American Dream. Now, these workshops provide little support to people with disabilities, paying them little to no wages in exchange for monotonous activity that rarely serves as efficient workforce training. Some examples include sorting drill bits, shredding paper, or placing clothes into bins.


I sat down for a quick chat* with Rooted In Rights Creative Director, Jordan Melograna, who documents the effects of 14(c) in his film Bottom Dollars. I highly encourage you to download it, screen it with friends, and continue to spread the word about the need to end 14(c) authority. It is vital that we unite and educate as many audiences as possible about these atrocities.

*please excuse sound difficulties

"Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity." - Martin Luther King Jr.

Music Credit: Archie Smith

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