TRN Disability Update

TRN DISABILITY UPDATE

 

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JUNE 2014

 

 

Workforce Reinvestment Act Reauthorization Includes New Wording on Sub-Minimum Wage

 
DOJ

 

According to a statement released by Senator Tom Harkin, new negotiations to Section 511 of the reauthorization of the Workforce Investment Act have been completed and will now go before both houses of Congress for approval. The bill attempts to change the fact that currently many students with disabilities leave high school and are referred directly to sheltered workshop environments at sub-minimum wages.



An earlier proposal of this bill contained provisions that divided disability advocates. Originally, the legislation proposed establishing first-ever requirements that must be met before individuals with disabilities could be allowed to work for less than the federal minimum wage. Those with disabilities could be placed in such jobs only if they meet certain age-related requirements and while receiving job training services to prepare them for competitive employment.



But this approach also caused many disability rights leaders to oppose the bill. Some advocates pointed out that the proposal could have the unintended effect of legitimizing and even trapping people with disabilities in segregated workshops once a checklist is met.



The current proposal mandates that state vocational rehabilitation agencies work with schools to provide “pre-employment transition services” to all students with disabilities and such agencies would be required to devote at least 15% of their federal funding to help young people transition from school to work. VR programs will be required to “provide the individual with the opportunity to try different employment experiences, including supported employment, and the opportunity to become employed uncompetitive integrated employment."



However, the proposal still does not eliminate sub-minimum wage as an outcome for those under the age of 24. Like the original proposal, it continues to first require a variety of steps before sub-minimum wage is provided, including the above-referenced pre-employment transition services; the individual has been working toward an employment goal without success; and has been referred to other resources for integrated, non sub-minimum wage employment.



Also, it provides a blanket exception to agencies running workshops or paying individuals with disabilities under a current and valid certificate with the US Dept. of Labor (known as a 14c certificate).



However, the Act does specifically state that its wording should not be "construed to preference employment compensated at a sub-minimum wage as an acceptable vocational rehabilitation strategy or successful employment outcome." It is expected that advocates wishing to see the complete phase-out of sub-minimum wage will not be satisfied, although the bill does add roadblocks to the current process of providing individuals with work at less than minimum wage.

 

For more information

   
 

EEOC: Give Us Input on How to Encourage "Model Employers"

 
Remploy



The US Equal Employment Opportunity Commission (EEOC) is inviting public input on potential revisions to the regulations implementing Section 501 of the Rehabilitation Act, a law that governs employment of individuals with disabilities by the federal government.



Current regulations prohibit employment discrimination based on disability and explain the standards for determining whether discrimination has occurred. The regulations also impose a separate obligation on federal agencies to be "model employers" of individuals with disabilities, but do not explain what federal agencies must do to comply with this obligation.



The Commission is proposing to revise its regulations to include a more detailed explanation of the model employer obligation. The EEOC is specifically seeking answers to seven questions listed in the announcement, such as what barriers exist to the hiring, retention, and advancement of individuals with disabilities in the federal government, what regulatory requirements could eliminate these barriers, and whether numerical goals should be established for the employment of people with disabilities.



You can submit your comments on the Federal Register website by 5:00 pm EDT on Monday, July 14, 2014.

 

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