When it comes to pay, people with disabilities for too long have lived with the indignity of receiving a subminimum wage. That’s about to change.
During the recent veto session in the Illinois General Assembly, the Dignity in Pay Act passed on a bipartisan vote of 43-11 out of the Senate and was sent to Gov. JB Pritzker’s desk for signature. This legislation will benefit people with intellectual and other developmental disabilities and the broader community, ensuring greater equity and fairness in pay to improve quality of life.
The legislation began as a Pritzker administration initiative, in an effort to advance our state’s movement toward full inclusion for people with disabilities. With passage, Illinois joins 18 other states in ending subminimum wages for persons with intellectual or developmental disabilities.
The final bill was negotiated closely with providers and disability rights advocates. This law will gradually (over five years) compel organizations to move away from “sheltered workshop” models that pay subminimum wages and encourage the development of community-integrated employment at competitive wages instead.
The original purpose of the subminimum wage, created by the 1938 Fair Labor Standards Act, was to provide training for wounded veterans to transition to better-paying jobs. Over time, only 5% of workers transitioned to competitive integrated employment without other supports, and the model shifted to serve mostly people with intellectual or developmental disabilities.
The 1990 passage of the Americans with Disabilities Act codified the rights of people with disabilities as a civil rights issue. In 1999, the Supreme Court ruled in Olmstead v. L.C. that segregation of people with disabilities was discriminatory. Well-intended, services that separated and “protected” people with disabilities were found to be prone to abuse and human rights violations, and limited the potential of those they intended to help.
With the Olmstead decision, service models for people with intellectual or developmental disabilities began to shift toward community-based supports. Similar to the de-institutionalization movement, many disability rights organizations and self-advocates support the elimination of subminimum wage, and dozens of organizations in Illinois have already ended the practice.
Now, the Biden administration has proposed a rule at the federal level, which would phase out the subminimum wage waivers issued by the U.S. Department of Labor over three years, compelling other states to take action.
An opportunity for increased public-private partnership
Moving away from the sheltered workshop setting is a major shift in our service philosophy. For many years, individuals found meaningful work and community in sheltered workshops. The model was a success in many ways — a win-win for businesses and individuals alike.
Still, many of the individuals who were employed in workshops also expressed interest in community jobs but had little support to do so under the existing service and funding model.
As expectations for work and community life have shifted, individuals, families and advocates nationwide have demanded employment opportunities that account for the unique strengths, abilities and interests of individuals, with the dignity of fair and equitable wages. To meet the challenge, we as a service sector must evolve.
Supported employment is highly individualized. Each person works with a job coach to explore their interests, learn skills that are essential in the workplace, and apply to and interview for jobs that match their strengths and interests.
Once employment is secured, the coach continues to provide support on the job, helping each person learn the tasks required and navigate the workplace with success. Just like any job seeker, it can take time to find the right fit. Job coaches remain involved every step of the way, through setbacks and triumphs.
Change is never easy. As Dignity in Pay is implemented widely throughout Illinois, this shift will require not only the commitment of organizations but support from families as well as the business sector.
National Core Indicators reports that 44% of people with intellectual or developmental disabilities do not have a community job but want one. Over 3,000 people are currently employed across Illinois in subminimum-wage settings and will need support to find and keep community-based jobs. Furthermore, organizations need training, additional funding and technical assistance as we transition.
There is an opportunity for increased public-private partnership, as private philanthropy has long supported programs that provide job training and placement services to marginalized communities.
Finally, more incentives are needed for employers to hire people with intellectual or developmental disabilities, and corporate diversity, equity and inclusion efforts can expand to focus on building inclusive workplaces that support employees with developmental differences.
Meaningful and rewarding work should not be a privilege but is something promised by our American ethos. I am proud of our state officials for listening to the voices of those with intellectual or developmental disabilities and hopeful about a future where everyone has greater access to employment and fair wages as a result of this important step forward.
Erin Ryan is CEO of Shore Community Services in Skokie.
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