House introduces Fair Wages for Workers with Disabilities Act of 2011

PWDF Staff Attorney

On October 4, 2011, the Fair Wages for Workers With Disabilities Act of 2011 was introduced as  H.R. 3086 in the U.S. House of Representatives. Co-sponsored by both Democratic and Republican legislators, the bill would end the issuance of special certificates that allow employers to pay employees with disabilities below minimum wage.Under current federal law, the Secretary of Labor can grant special wage certificates to employers of workers with disabilities exempting those disabled workers from Fair Labor Standards Act minimum wage requirements.

According to the text of the bill, the current law dates back eighty years to a time when there were few opportunities for disabled workers in the mainstream workforce. The bill cites advancements in vocational rehabilitation, technology, and training as allowing disabled workers to be as productive as non-disabled workers, resulting in a dramatic increase in the number of disabled employees in the workforce and eliminating any need for the current practice.

Significantly, the law does not affect existing tax incentives provided for employers who hire persons with disabilities. Department of Labor Website

Many organizations that advocate for the disabled community have pushed for this legislation for a long time. For example, as, the President of the National Federation of the Blind, Dr. Marc Maurer has stated:

“The Fair Wages for Workers with Disabilities Act is a long-overdue effort to correct an injustice written into a law meant to protect all American workers from abuse and exploitation.  Workers with disabilities were excluded from the protections of the Fair Labor Standards Act because of the false belief that we cannot be as productive as Americans without disabilities.  Courage and creativity are required to replace the misguided benevolence that has historically shaped policies toward people with disabilities with real opportunity for our equal employment and full participation in the workplace.  We applaud Representatives Stearns [Cliff Stears (R-FL)] and Bishop [Tim Bishop (D-NY] and we hope that a significant majority of their colleagues possess the courage and creativity to end over seventy years of exploitation of people with disabilities.”

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Who We Are

People With Disabilities Foundation is an operating 501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant's disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney's fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF's educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE, California Board of Behavioral Sciences Continuing Education, and Commission of Rehabilitation Counselor Certification.