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Disability Employment Act
*Issue—*An outdated approach to employment fails to adequately equip
workers with disabilities for the challenges of the twenty-first
century.
The Javits-Wagner-O’Day Act (JWOD) is a well-intentioned but
obsolete law intended to provide employment for people with
disabilities through specialized government contracts.
Enacted in 1938, the Wagner-O’Day Act required that government agencies
prioritize the procurement of products produced by blind people. In 1971
the program was expanded to become the Javits-Wagner-O’Day Act,[1] and
to include nonprofit agencies employing persons who are blind or have
other severe disabilities.[2],[3] While the originally intended goals of
the program are noble, the current structure falls short of those ideals
by failing to equip workers with the necessary skillsets to compete in
the twenty-first century workforce.
The work experience provided by the AbilityOne Program does not
utilize or teach the skills required for today’s fast-paced
digital work environment.
Many workers with disabilities employed under the AbilityOne Program are
assigned menial, repetitive tasks, which do nothing to equip them with
the skills needed to succeed and advance in a modern workplace. As a
result, many of these individuals find themselves trapped in these jobs
for years, if not decades, with no real hope to advance or find new
employment opportunities elsewhere.
The AbilityOne Program thrives on specialized contracts while at
the same time paying employees with disabilities subminimum wages.
Section 14(c) of the Fair Labor Standards Act,[4] passed in 1938,
authorizes the Secretary of Labor to issue Special Wage Certificates to
certain entities, permitting them to pay workers with disabilities
subminimum wages. The vast majority of 14(c)-certificate-holding
entities are nonprofit “sheltered workshops” (segregated work
environments)[5] that pay over 300,000 workers with disabilities,[6]
some as little as pennies per hour.[7] Additionally, the failure of the
AbilityOne Commission to adequately manage its own financial
resources[8] and display an appropriate level of transparency[9] has
eroded public confidence in the program.
AbilityOne sheltered workshops create a segregated work
environment that is antithetical to competitive integrated employment.
The current structure requires that the majority of the work performed
on AbilityOne contracts is carried out by employees with disabilities at
specialized nonprofits.[10] These specialized nonprofits create an
artificially inclusive work environment. Additionally, the current
structure incentivizes excluding workers with disabilities from
advancement to administrative, managerial, or supervisory positions.[11]
This results in people with disabilities stagnating in the same job for
years or decades without creating opportunities for advancement to
employers outside the program. This model also fails by not sharing best
practices to employers outside the program in order to broaden its impact.
*Solution—*The Disability Employment Act:
Will expand bidding opportunities within the program.
The Disability Employment Act will allow for-profit as well as nonprofit
entities to bid on contracts through a newly created commission.
Will ensure that workers earn at least the prevailing wage.
The bill will prohibit the use of 14(c) certificates and will require
employers to pay workers with disabilities at least the minimum wage, or
if greater, the prevailing wage.
Will equip employers with the necessary tools and supports to
integrate workers with disabilities.
The bill establishes an Employment Integration Trust Fund to assist
employers to meet reasonable accommodation requirements under Title I of
the Americans with Disabilities Act. Employers will have access to
financial assistance to ensure that the technology they use is
accessible; to train design, development, and manufacturing teams on
best practices; and to provide the necessary supports required by
individuals with other severe disabilities. This will improve disability
employment practices across all sectors of employment.
Will better integrate with the Randolph-Sheppard Program.
The bill will honor the Randolph-Sheppard Priority for all military
dining contracts, including cafeterias.
Will eliminate the conflicts of interest and lack of
accountability in the current program.
The bill will change the composition of the commission, restructure the
way the contracts are awarded, and create a trust fund to support the
organic integration of workers with disabilities into the mainstream
workforce.
*Goal—*Increase and enhance employment opportunities for people with
disabilities. Sponsor the Disability Employment Act.
More Information
For more information on the Disability Employment Act, contact:
Gabe Cazares, Manager of Government Affairs, National Federation of the
Blind
Phone: 410-659-9314, extension 2206
Email: gcazares@nfb.org <mailto:gcazares@nfb.org>
Learn more about the National Federation of the Blind's 2019 legislative
agenda <https://nfb.org/2019-legislative-agenda/>.
------------------------------------------------------------------------
[1] 41 U.S.C. § 8501 – 8506.
[2] 41 U.S.C. § 8501(6).
[3] 41 U.S.C. § 8501(7).
[4] 29 U.S.C. § 214(c)(1).
[5] United States Department of Labor. “Wage and Hour Division (WHD)
Community Rehabilitation Programs (CRPs) List.” Last modified July 1,
2018. http://www.dol.gov/whd/specialemployment/CRPlist.htm.
[6] National Council on Disability. “From the New Deal to the Real Deal:
Joining the Industries of the Future.” October 11, 2018.
https://ncd.gov/publications/2018/new-deal-real-deal.
[7] See http://www.nfb.org/time.
[8] Office of Inspector General. Committee for Purchase from People who
are Blind or Severely Disabled, Independent Auditor’s Report and
Financial Statements for the Years Ended September 30, 2018 And 2017.
November 15, 2018.
https://www.oversight.gov/report/cppbsd/audit-us-abilityone-commissions-financial-statements-fiscal-years-2018-and-2017.
[9] Id.
[10] 41 U.S.C. § 8501(6)(C).
[11] 41 U.S.C. § 8501(3)(B).
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