Ranking Member Scott Applauds Biden-Harris Administration for Protecting Americans with Disabilities from Wage Discrimination

Ranking Member Scott Applauds Biden-Harris Administration for Protecting Americans with Disabilities from Wage Discrimination

WASHINGTON - Ranking Member Robert C. "Bobby" Scott (VA-03) issued the following statement after the Department of Labor (DOL) announced a proposed rule aimed at phasing out the issuing of certificates under 14(c) of the Fair Labor Standards Act, which allows unscrupulous employers to pay workers with disabilities significantly less than the federal minimum wage. This action serves as another example of the Biden-Harris Administration's prioritizing workers and their families.

"Today, the Biden-Harris Administration is cracking down on antiquated, discriminatory loopholes that allow corporations to pay workers with disabilities less than the federal minimum wage. All workers should be treated with fairness and dignity, regardless of whether that individual has a disability or not.

"As it currently stands, Section 14(c) of the Fair Labor Standards Act (FLSA) permits employers to apply for special certificates from the Department of Labor (DOL) to underpay individuals with disabilities. There is no minimum hourly rate that an employer is required to pay an employee under these certifications, and data from the Government Accountability Office (GAO) suggests that the majority of 14(c) workers earn less than $3.50 per hour. This blatant denial of equal opportunity for disabled Americans is disgraceful and should not continue.

"The Administration's proposed rule would end the issuance of new certificates and would end the use of subminimum wage certificates within three years, allowing businesses and their employees to transition into fully integrated and competitive jobs, so that all workers earn at least the minimum wage.

"I'm grateful to the Biden-Harris Administration for continuing their work to protect workers. And I hope that the incoming Administration will finalize this rule after the comment period ends. In Congress, I will continue advocate for the Transformation to Competitive Integrated Employment Act, which would permanently phase out the use of 14(c) waivers and ease the transition for employers to providing workers with competitive and gainful opportunities."

Ranking Member Scott introduced the Transformation to Competitive Integrated Employment Act, which would allocate resources to states and employers to move workers with disabilities into competitive, employment. If passed, this legislation would phase out the use of 14(c) waivers and ease the transition for employers to providing workers with competitive and gainful opportunities.

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