Reevaluating Subminimum Wages

A Call for Fair Employment Practices for Workers with Disabilities

I’m seeing a growing movement to eliminate subminimum wages. When the idea for this article originally came to me I thought I’d be writing to support 14(c). I hadn’t read the actual Federal code. I thought I “knew” what the law was. I don’t believe we live in a world where everyone who wants to work will be able to find a job. The ridiculously high rate of under/unemployment for those on the Spectrum seems to validate my opinion. So of course it made sense to give those who want to work the opportunity to work, even if they were being paid less than the Federal minimum wage (which by itself is not livable).

Then I started my due diligence. I don’t like to talk out my butt, I need to be able to cite references - if only for my edification. Here’s a look at what 29 CFR Part 525 says. “Provide for the employment under certificates of individuals with disabilities at special minimum wage rates which are commensurate with those paid to workers not disabled for the work to be performed employed in the vicinity for essentially the same type, quality, and quantity of work ”.

Yes, sometimes individuals with disabilities may take longer to do something. Or they may not be as “productive” (whatever that means) as their peers without disabilities. But isn’t this what accommodations are all about? I’m not suggesting companies hire someone (with or without a disability) who doesn’t have the requisite skills. But if someone can get the job done, and do it well, then they should be paid the wage commiserate with what they are being asked to do.

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As of 2024, 14 states have eliminated subminimum wages for disabled workers, and the federal government is considering legislation to phase out the practice nationwide. Critics argue that the original justifications for subminimum wages are outdated and discriminatory, contending that all workers, regardless of disability status, deserve fair compensation for their labor. This is where I find myself.

Advocates for eliminating subminimum wages argue it would promote greater economic inclusion and dignity for workers with disabilities. I don’t know if I agree with this idea. I think employers need a lot more education about hiring those with disabilities and accommodations.