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Segregated and Exploited Presented by: J.B. Black, PhD, John Bartow Black Consulting Nancy Boutot, MS, Agency for Persons with Disabilities Michael Hansen, Director Rick Scott, Governor Segregated and Exploited A call to Action! The Failure of the Disability Service System to Provide Quality Work 2 National Disability Rights Network Nonprofit membership organization for the Protection and Advocacy system and the Client Assistance Program 3 Curtis Decker “Today, across the United States of America, hundreds of thousands of people with disabilities are being isolated and financially exploited by their employers.” 4 Henry’s Turkey Service The “Bunkhouse” was unheated, boarded up, and it was where Henry’s Turkey Service housed its workers with disabilities. 5 A Brief History of Segregated and Sheltered Work • 1840 – Perkins Institute for the Blind • 1934 – National Industrial Recovery Act • 1938 – Fair labor Standards Act • 1950’s and 1960’s – Sheltered Workshops increase in popularity • 1963 – Developmental Disabilities Assistance and Bill of Rights Act (DD Act) • 1966 – Public Law 89-601 • 1973 Rehabilitation Act 6 The Development of National Community Integration Policy • 1973 – Rehabilitation Act • 1984 – Congress amended the DD Act • 1991 – ADA • 1998 – Rehabilitation Act Amendments • 1999 – Ticket to Work • 1999 - Olmstead • 2000 – Another DD Act amendment 7 Sub-minimum Wage • 1986 – FSLA amended, removed minimum wage floor for people with disabilities • Today – Department of Labor, Wage and Hour, is given the authority to issue certificates to employers allowing them to pay less than the prevailing wage to individuals with disabilities. • A study in 1998, 89.3% of people in sheltered workshops earned less than minimum wage. • In 1999, the average wage of people in sheltered workshops was $2.64 an hour 8 Segregation of People with Disabilities is Damaging • Allows for little contact with those working in the community. • Predicated on misguided beliefs that it is perfectly acceptable to marginalize people. • Echo's the idea behind “ugly-laws” (in existence until the early 1970’s). • Denies people from the opportunity to make meaningful job choices • Limits people’s capacity to live full, rich lives as active tax paying citizens. • Assumes a person is incapable of making choices. 9 Reinforces a Life of Poverty • Dependent on family and government programs just to meet basic needs • Denies people opportunities to further education, go on vacations, explore hobbies • Once in the system, almost impossible to get out • Circular system – responsible for creating a permanent dependence on benefits • Those who receive housing, food, etc. from their employer often are charged fees • Some sheltered workshops are also representative payees 10 Sheltered Workshops Lead Nowhere • Not a transition point, rather a dead end • Prepare people for long-term sheltered employment • Getting ready for work becomes a lifetime activity • Frequent periods of inactivity • Training has nothing to do with interests • Low challenge work • Non transferable skills • Best employees kept for contract fulfillment 11 Wage and Hour Time Study Issues • Must be performed the way industry does the job • Are shelter programs how industry works? • Individuals working in shelter programs $175/month – same skill individuals in community $456/month • Involves an eventual estimate of productive • Are segregated programs reviewed fairly by the Department of Labor? 12 Selective Comparison of States and Shelter Programs • Vermont – No sheltered programs with state funding • Washington State – high % working, legislation for employment first • Alabama – minimal sheltered, approximately 4,600 individual in day programs, minimal follow-along funding, no emphasis yet from DD agency (5% receiving SE among day services) • Georgia – third year of individuals budgets: NOW and COMP Waivers, minimal emphasis, growing transition • Florida – you tell me 13 Policy Recommendations “Pay Me Minimum Wage or I’m Leaving!” - John Adler 14 End Segregated Employment and Sub-Minimum Wage • Restrict all federal money going into SE/SMW • Discontinue offering sub-minimum wage certificates • Forbid federal statutes/regulations that move youth into SE/SMW • Modify federal and state contracts to not go to those who use SE/SMW 15 Promote & Facilitate Integrated and Comparable Wage Alternatives: Congress • Strengthen existing, and create new incentives through federal tax codes • Improve/Enhance workforce programs to require greater participation by individuals with disabilities • IDEA – mandate that transition plans include work preparation • Create transition coordinator positions under IDEA or Rehab Act reauthorization • Mandate SE services be funded under the Rehab Act for a min. of 36 months • Require Medicaid to fund services that will allow those in segregated settings to move into integrated/comparable wage employment 16 Promote & Facilitate Integrated and Comparable Wage Alternatives: Department of Education • Establish new performance indicators by which state VR will be evaluated # of people who move into competitive/integrated environments # of IEP meetings VR counselors attend # of students VR served before individual exited the education system • Ensure compliance with requirements that VR and special education coordinate and collaborate systems for transition • Ensure that there are appropriate programs that will prepare students with disabilities for competitive employment • Provide funding to P&A and CAP programs focused on transition to employment advocacy 17 Promote & Facilitate Integrated and Comparable Wage Alternatives: States • Increase state funding for: Person-centered planning Employment supports Customized and self-employment • Created policies to encourage hiring within government • Create tax codes to strengthen and create incentives for hiring • Use Medicaid for Employment First initiatives • Fund short-term workforce programs such as internships and apprenticeships 18 Increase Labor Protections & Enforcement: Congress • Increase funding for P&A and CAP to investigate abuses in segregated environments • Increase funding for Wage and Hour – oversee wage and hour laws • Increase penalties for violations to Section 14(c) 19 Increase Labor Protections & Enforcement: Dept. of Labor • Require segregated, sub-minimum wage paying employers to report to DOL: Wages Progress Attempts to move to integrated environments Reasons why progress not made • Require sub-min. wage certificate evaluations by third party evaluator • Increase enforcement of federal employment laws: ODEP, Wage and Hour and Office of federal Contract compliance to collaborate and work together 20 Conclusion • Many people in sheltered settings don’t think there is another way • Millions of people with disabilities are living successfully in their communities. That needs to happen in the workplace • It’s time to do things differently 21 Thank You! [email protected] [email protected] 22