A former civil rights enforcer knows that non-competitive employment for the severely disabled is a humane lifesaver, not discrimination.
[This commentary is based on a response to the above video, “Exploitation OR Lifesaving? The Controversy Around Disabled People Being Paid Pennies An Hour,” by Philip DeFranco.]
By Harris Capps
I strongly support the continuation of the subminimum wage authorized under the Federal Labor Standards Act, FLSA, section 14(c).
My intellectually and developmentally disabled son needs it. As much advocating as I have done on this topic, I was surprised to see this video for the first time. Phillip DeFranco did an EXCELLENT job of explaining the basics of this issue. Of course, as an advocate for the subminimum wage, I think some of the later-mentioned positions were given a bit more time than they should have.
I'd now like to address several points in the video. The National Council on Disabilities (NCD) has NEVER had a knowledgable representative membership to stand up for persons with SIGNIFICANT intellectual and developmental disabilities (IDD). In the video, NCD's Neil Romano took a position on 14(c). His rationale was completely flawed.
First, he indicated that the subminimum wage was "old-fashioned discrimination... that he never heard of anyone saying a different minority should receive subminimum wages until they learn how to work…." During the 1970s, the USA experienced such racial discrimination that the Department of Defense created Race Relations Instructors and Equal Opportunity Officers to investigate potential cases of discrimination. From 1973 until 1982, that was my job in the Air Force. I was also on the staff and faculty of the Defense Equal Opportunity Institute.
I can tell you that the subminimum wage is technically "discrimination" but that is not depriving persons of their civil rights. On the contrary, people with vision, back in 1938, created this wonderful program. Mr. Romano says that "people with disabilities are 2x more likely the be in poverty and 2x more likely to be unemployed." Mr. Romano casts a huge net; "people with disabilities"... are you kidding me. That would include a huge range of persons with disabilities that hardly affect their daily lives to persons like my son who has SIGNIFICANT intellectual and developmental disabilities (IDD).
If my son were able to seek competitive employment, then I as his parent and guardian would gladly push for that. But he is unable. That is why I am his guardian. My son cannot differentiate 75 cents from 75 dollars. He requires assistance in placing an order at McDonald's. I say "assistance"... but the assist is the placing of an order.
Mr. Romano suggests that if another minority were given a subminimum wage, people would be appalled. Using his words, let's say he meant a person who identifies as being Black or Native American, or Asian... really? The fact is that persons with severe intellectual and developmental disabilities come in all races, ages, sexes, etc. It is obvious that Mr. Romano has never investigated a case of discrimination or facilitated groups of our Armed Forces to eliminate discrimination. Several national-level councils representing people who are higher functioning, as well as numerous nonprofits who "support" persons having much less significant intellectual and developmental capabilities are indeed against the subminimum wage. They either do not understand what discrimination really is, or they speak for persons who, because they are higher functioning, can indeed be a part of competitive employment.
I ask these people, "Where will my son work when his Vocational Center vanishes because of possibly well-intentioned but largely ill-informed proponents of ridding the USA of the subminimum wage?" If this happens, you will be the ones who discriminate against more than 130,000 persons who had work, work they enjoyed, and now may be relegated to watching TV all day, thereby increasing behavioral disabilities, and more. You will have victimized the defenseless. It is indeed illogical that Congressman Bobby Scott, a racial minority member himself is the main sponsor for a bill that would cause so much damage to another minority.
Harris Capps is a former civil rights enforcement professional and the father of a son with significant intellectual and developmental disability.