Metro East Sun

Since 1938, the United States Department of Labor has provided opportunities through Section 14(c) certificates to provide every American with a chance to work. These certificates allow employers to hire intellectually and developmentally disabled individuals at wages below the federal minimum and set up “workshops” to provide support for these workers. Despite the incredible strides our nation has made to promote inclusivity and dignity in the workplace for Americans with disabilities, new legislation in Illinois threatens to eliminate these programs entirely.

In the 2023 spring legislative session, House Bill 793, sponsored by Rep. Theresa Mah, was first heard on the House Floor. The Bill, titled the “Dignity in Pay Act”, contained several provisions, most prominently, text that would end the issuing of Section 14(c) certificates to employers. Rep. Mah and several other legislators have suggested that, instead of supporting the 14(c) programs cherished by so many disabled workers, these programs should be eliminated and employers should be required to pay workers with intellectual and developmental disabilities according to normal minimum wage standards.

The argument against 14(c) programs is primarily based on the assertion that paying workers with intellectual and developmental disabilities a subminimum wage is discriminatory. U.S. Senator Tammy Duckworth (D-Illinois), who co-sponsored similar legislation at the federal level, went as far as to say that 14(c) programs allow for a “really terrible practice of paying workers with intellectual and developmental disabilities.”

Representative Charlie Meier (R-Okawville) emphasized the economic challenges of mandating minimum wage for these workers, stating, “A lot of the workers work at 12% of what a normal worker works. In a 10-hour time, they’ll pay that worker $140 where one college student could do that same work in 1 hour.” He also highlighted the potential negative consequences, noting, “There are 3,591 clients, we believe, in the state of Illinois. Where this has been done in other states, a lot of times, 70 to 80% of these residents never work again.”

Research from the Congressional Budget Office supported concerns about job losses if 14(c) certificates were eliminated, stating that "larger mandated wage increases would cause larger increases in joblessness" for disabled workers affected by the change.

Despite alternative suggestions for day programs, Representative Meier pointed out that Illinois has cut the number of job trainers in recent years, and many disabled individuals prefer working over participating in daily programs. He stated, “They don’t want a day program five days a week. They want to work. They want to be proud of their jobs.”

Furthermore, the potential passing of HB793 could negatively impact disabled workers who may lose SSI and SSDI benefits if their wages are adjusted to standard levels, potentially leading to significant financial and bureaucratic challenges.

Advocates of 14(c) workshops emphasize the intangible benefits they provide, including skills development, independence, and a sense of purpose. Representative Meier highlighted the importance of these workshops, stating, “They need to see how happy our clients are; how proud they are. They’re trying to take this away from them.”