July 24, 2024
The Honorable Bernard Sanders, Chair
United States Senate Committee on Health, Education, Labor, and Pensions
332 Dirksen Senate Office Building
Washington, DC 20510
The Honorable Bill Cassidy, Ranking Member
United States Senate Committee on Health, Education, Labor, and Pensions
455 Dirksen Senate Office Building
Washington, DC 20510
RE: Inclusion of the Transformation to Competitive Integrated Employment Act in the Apprentice and Workforce Package
Dear Chair Sanders and Ranking Member Cassidy:
The National Federation of the Blind, the transformative membership and advocacy organization of blind Americans, strongly supports the inclusion of the provisions of the Transformation to Competitive Integrated Employment Act (S.533) in the Apprentice and Workforce package the HELP Committee is planning to release later this week.
Section 14(c) of the Fair Labor Standards Act authorizes employers to pay their workers with disabilities subminimum wages. This is a discriminatory and antiquated practice that is based on an outdated model of disability. We at the National Federation of the Blind have been opposed to this practice since our inception in 1940, passing our first official resolution opposing the payment of subminimum wages in 1942, just two years after our founding. In the eight decades since, we have passed nearly thirty resolutions on this subject.
According to the United States Department of Labor, Wage and Hour Division, as of July 1, 2024, at least 40,105 people with disabilities were still being paid below the minimum wage. To solve this problem, we urge Congress to pass the Transformation to Competitive Integrated Employment Act, which would phase out, over a five-year period, this antiquated practice. During this phase-out period, there will be a freeze on applications for new certificates to ensure this employment model will be eliminated at the end of the fifth year.
Finally, in order to help ensure a smooth transition, the legislation includes provisions for a technical assistance center to help businesses transition away from paying subminimum wages as well as a competitive grant program that businesses can apply for during the transition period. Our efforts showcase the importance of technical and financial supports for employers and employees making that transition.
It is long past the time for our nation to move beyond this relic of disability employment from a bygone era, and into a new era of competitive and integrated employment for all. It is for these reasons that we urge you to include the provisions of the Transformation to Competitive Integrated Employment Act into the Apprentice and Workforce package.
Sincerely,
Mark A. Riccobono, President
National Federation of the Blind