[NFBMT] Bill to Water Down Competitive Integrated Employment

[Jim Marks]

A US Congressman from Wisconsin introduced a bill that would once again
allow Vocational Rehabilitation resources to go towards sheltered and other
segregated employment for people with disabilities.  This is clearly an
effort by the disability industrial complex to resist work in the community
for comparable wages and advancement opportunities.  The segregation
advocates hope to continue their segregation without check.

 

Jim Marks

 <mailto:Blind.grizzly at gmail.com> Blind.grizzly at gmail.com

(406) 438-1421

 

Sent: Tuesday, May 01, 2018 9:22 AM
To: RehabNet <RehabNet at Rehabnetwork.org>
Subject: Bill to Amend the Rehabilitation Act of 1973 to clarify the
definition of competitive integrated employment. - "Workplace Choice and
Flexibility for Individuals with Disabilities Act" - HR 5658

 

Friday, April 27, Congressman Grothman of Wisconsin introduced H.R 5658, a
Bill to amend the definition of Competitive Integrated Employment (CIE). The
Bill has been referred to Committee. Below I have inserted into the
definition of CIE in current law the proposed changes to the definition so
that you may easily see what the amended definition of CIE would look like,
should this Bill pass. The bolded information represents the proposed
changes. For the moment this is just FYI. 

 

 

(5) COMPETITIVE INTEGRATED EMPLOYMENT

 

The term 'competitive integrated employment' means work that is performed on
a full-time or part-time basis including self-employment).

 

(A)for which an individual 

 

(i)is compensated at a rate that 

(I)(aa) shall be not less than the higher of the rate specified in section 6
(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1) or the
rate specified in the applicable state or local minimum wage law; and

 

(bb) is not less than the customary rate paid by the employer for the same
or similar work performed by other employees who are not individuals with
disabilities, and who are similarly situated in similar occupations by the
same employer and who have similar training, experience, and skills; or

 

(II) in the case of an individual who is self-employed, yields an income
that is comparable to the income received by other individuals who are not
individuals with disabilities, and who are self-employed in similar
occupations or on similar tasks and who have similar training, experience,
and skills; and

 

is eligible for the level of benefits provided to other employees; 

 

(B)that is at a location where the employee interacts with other persons who
are not individuals with disabilities (not including including social and
interpersonal interactions with colleagues, vendors, customers, superiors,
or other such persons who the employee may come into contact with during the
work day and across workplace settings, other than supervisory personnel or
individuals who are providing services to such employee) to the same extent
that individuals who are not individuals with disabilities and who are in
comparable positions interact with other persons except that such
interactions shall not be considered solely at the work unit level and

 

(C) that, as appropriate, present opportunities for advancement that are
similar to those for other employees who are not individuals with
disabilities and who have similar positions; and

 

(D) for which an individual may have been hired through 

     (i)contracts and subcontracts awarded pursuant to chapter 85 of title
41, United States Code;

 

     (ii) State set-aside contracts intended to support employment for
individuals with disabilities; or 

 

     (iii) other subcontracts subject to mandated direct labor-hour ratio of
persons with disabilities.

 

Sec. 3 Rule of Construction

 

     Nothing in the amendments made by this Act shall be construed to reduce
the number of jobs available for referral by a State agency or other entity.

 

Sec. 4 - Sense of Congress

 

     It is the sense of Congress that individuals who are hired pursuant to
community rehabilitation programs, chapter 85 of title 41, United States
Code, State set-aside contracts, or mandated direct-labor hour ratio
programs should be considered

 

     (1) part of the competitive labor market and

     (2) an employment outcome for State vocational rehabilitation purposes.