The Fight to End Sub-Minimum Wages for Disabled Workers

By Terry Loerch

The fight for fair wages has long been a cornerstone of labor rights in the United States. Yet, a significant segment of the workforce, those with disabilities, continues to be subjected to an outdated, exploitative system that legally permits employers to pay them less than the federal minimum wage. Under the Department of Labor’s 14(c) certification program, businesses and nonprofit organizations are allowed to compensate disabled workers at a fraction of what their non-disabled peers receive, sometimes amounting to mere pennies per hour. What was once framed as an effort to provide employment opportunities for individuals with disabilities has instead become a mechanism of systematic discrimination, locking countless workers into cycles of poverty and dependence rather than empowering them toward economic independence.

The justification for 14(c) dates back to the Fair Labor Standards Act of 1938, a time when the predominant view of disability was rooted in charity rather than equal rights. The program was designed with the intent of ensuring that disabled individuals, particularly those with significant intellectual or physical disabilities, could find employment in sheltered workshops and similar settings without being bound to the same wage requirements as other workers. The theory was that this would increase job opportunities and allow for greater workforce participation. However, in practice, 14(c) has become a tool for exploitation, reinforcing the false and dangerous narrative that disabled workers are inherently less valuable.

Today, the reality is clear...... disabled workers perform essential tasks, contribute meaningfully to their workplaces, and deserve the same dignity and financial security as anyone else. The continued use of sub-minimum wages devalues not only their labor but their humanity, signaling that their efforts are worth less simply because of their disability. This is not a matter of economic pragmatism or business sustainability, it is a matter of human rights. No justification exists for paying someone less simply because they require accommodations or support. In a nation that prides itself on equality and opportunity, allowing businesses to determine a person’s worth based on their disability is a gross failure of justice.

Supporters of 14(c) argue that without it, many disabled individuals would struggle to find employment at all. They claim that these reduced wages are necessary to incentivize businesses to hire individuals who may require additional training, adaptive tools, or flexibility in their roles. This argument is not only flawed but also deeply condescending. It assumes that disabled workers are a burden rather than an asset and that their inclusion in the workforce is an act of generosity rather than a fundamental right. Moreover, it disregards the many companies and organizations that have successfully employed disabled individuals at fair wages, proving that accessibility and profitability are not mutually exclusive.

The existence of 14(c) has created a two-tiered system that segregates workers with disabilities, often trapping them in low-paying, dead-end jobs with little opportunity for advancement. Many of these positions exist within sheltered workshops and segregated work environments where disabled individuals are frequently assigned repetitive tasks, such as sorting, assembling, or packaging, with no clear pathway to competitive employment. These workshops often lack oversight and accountability, leading to documented cases of extreme wage exploitation. In some instances, workers have been found earning as little as $0.22 per hour, wages that would be considered unthinkable in any other context.

Ending sub-minimum wages for disabled workers is not just a moral imperative, it is a necessary step toward true inclusion and equality. States such as Alaska, Maryland, and Oregon have already taken measures to phase out 14(c) programs, proving that transitioning to fair wages is not only possible but beneficial. When given the opportunity, workers with disabilities thrive in competitive, integrated employment settings where they are paid fairly and provided with the support they need to succeed. Many companies that have embraced inclusive hiring practices report increased productivity, lower turnover rates, and a more diverse and engaged workforce, benefits that extend far beyond the individuals themselves.

The persistence of sub-minimum wages in the 21st century reflects an outdated and harmful perspective that must be dismantled. Disabled individuals are not charity cases. They are workers, contributors, and members of society who deserve the same rights and opportunities as everyone else. The fight to eliminate 14(c) is not about pity, it is about justice. It is about recognizing that the dignity of work should never come at the cost of fairness. Paying someone less simply because they are disabled is not only unethical, it is a national disgrace that should have been abolished long ago.

The push for legislative change has been gaining momentum, with disability rights activists and lawmakers calling for the full repeal of 14(c) in favor of policies that promote competitive, integrated employment. While progress has been made, resistance from certain industries and organizations that benefit from the current system continues to slow reform efforts. However, as awareness grows and public pressure mounts, the day is approaching when paying disabled workers less will no longer be tolerated under the law.

The question is no longer whether 14(c) should be abolished, it is why it still exists at all. In a society that claims to value equality, we must demand better. No worker should be treated as less deserving of fair pay simply because they navigate the world differently. The time for sub-minimum wages is over. The time for justice is now.