As the “disability rights” movement pursues the cruel elimination of non-competitive employment programs for the severely disabled, a father makes it clear: we cannot allow this economic and humanitarian disaster to occur.
Scott Schwartz, son of attorney Ted Schwartz, author of this letter.
Mr. Norman Lorentz
Board Chair
SourceAmerica*
Dear Mr. Lorentz:
I am a Pennsylvania Trial Lawyer and Past President of the Pennsylvania Trial Lawyers Association (now PAAJ), and Past Governor of the Association of Trial Lawyers of America (now AAJ). More relevantly, I am the father of Scott Schwartz, now 44 years old and one of the first individuals diagnosed with Fragile X Syndrome, a genetically inherited form of mental retardation which rivals Downs as the most prevalent ID cause worldwide.
Scott graduated from his Special Needs School 23 years ago and tried competitive employment unsuccessfully … on 5 different occasions. He has thrived in his Work Center, Associated Production Services, for 22 consecutive years. His annual ISP has carefully studied his progress, or lack thereof, and each time concluded that a Work Center would be the optimum place for him vocationally. AT NO TIME WAS A RECOMMENDATION MADE FOR SCOTT TO ENTER COMPETITIVE EMPLOYMENT.
There are tens of thousands of Scotts around the United States, who are happy and content with their employment in a Work Center. In addition, Moms and Dads of these thousands of individuals, in addition to the other everyday stresses that they are currently undergoing, are Extremely Anxious over the above two bills which, if enacted, would basically put Work Centers out of business. Permit me, then, to put up a mirror in front of you and provide you with a Point by Point scenario of the Economic, Psychological and Spiritual Chaos the passage of this legislation would cause to each and every family unit of an ID individual if Section 14 (c) of the Fair Labor Standards Act were repealed by the passage of the above bills.
1. ID individuals at Work Centers (formerly called Sheltered Workshops) get paid by piecework. They stuff soda boxes, they place cough drop bags in boxes, they screw tabs into S hooks, and so on. The Work Centers simply cannot afford to pay these workers minimum wage. Moreover, it is NOT about the money for these workers. It is about pride, accomplishment and self esteem, the ability to get up in the morning, go to work, and then come home and brag that they accomplished something that day.
2. If 14 (c) is enacted, WC's will not be able to pay minimum wage because of their revenue stream, and will go out of business. This is a Given.
3. ID individuals who formerly worked in this setting will be forced either to sit at home or to work in some menial job in the Community, with or without a job coach, for a couple of hours each day. Then they will be transported back home after 2 or 3 hours of work for the rest of the day.
4. Since in many cases, these ID people are not able to care for themselves, who will take care of them, feed them and give them medication while Mom and Dad are earning a living to keep the family afloat? The proposed Legislation does not answer that question. It never will.
5. In the above event, one of two scenarios will occur: First, Mom or Dad or both will have to quit their job to take care of their child, or they will continue to work and hire a worker to care for the ID person. Either way will cause economic disaster to the family, and eventually to the States in the form of Welfare payments. Have you thought through all of these ramifications before you made your endorsement of the repeal of 14 (c)? I bet not.
Instead, in your letter to your Board of Directors, you provide so-called "reasoning" for your decision. Let us examine these reasons, point by point:
“You presume that EVERY ID individual is qualified to work in Community Employment. That is NOT SO. ”
1. "14 (c) has created significant barriers to the organization in terms of advancing legislative goals, creating strategic partnerships, and increasing employment opportunities within the AbilityOne program." For whom will this legislation increase employment opportunities? You presume that EVERY ID individual is qualified to work in Community Employment. That is NOT SO. Does this legislation contain one bit of testing or Evaluative Criteria to determine who is or who is not qualified to work in a Community Setting? It does not. How then can you make such uninformed statements without obtaining those facts?
2. "A growing number of key decision makers and stakeholders view 14 (c) as a discriminatory labor practice, causing people with disabilities to be isolated, segregated and lacking in upward mobility".....Really? How Trumpian of you to say that. You might want to know that The United States Commission on Civil Rights (USCCR) issued a report on this subject; parents and other influential people were PREVENTED from issuing a minority or opposition report, espousing the above points. Does that sound to you like "overwhelming opposition" to 14 (c)? I can tell you personally that overwhelming opposition has amassed to your position from various Special Needs, Medical, Law, and Psychological Community Professionals. I advise you and your Board to tread lightly before you make such irresponsible statements that lack factual foundation. Americans are not stupid. They can see through Bluster. They can see through an argument that has no factual basis. Does that sound vaguely familiar after what all of us just went through? Fact and Truth prevailed then. It will prevail now. You offer no factual basis for your opinion.
3. Further, your "discriminatory labor practice" argument has two answers:
A. WC's are not "Sweatshops", plain and simple, as many legislators and your "Key" people have obviously wrongly opined. Indeed, they are honorable workplaces, with all employees under constant supervision. Worktimes are usually from 10 am to 3 p4m with an hour for lunch. Socialization at lunch between employees is encouraged, which is vital. Weekly wages are between $60.00 and $200.00. At ISP conferences, employees are asked if they want to stay in the WC or enter into the Community. CHOICE is the watchword. All conferences are accompanied by a 25 to 30 page report, which codifies the events at the conference. By the way, I would encourage you to visit a WC. I promise you will be enlightened.
B. Your position about discrimination is unconstitutional, in light of the ID individual's choice to remain at the WC. Think about it. What you are supporting is de facto mandating that every ID individual work in a Community Setting without an equal mandate of every Employer to accept ALL ID Individuals for employment and mandate specific care programs (training, distribution of meds during the day, eating facilities, etc). Sounds like a denial of 4th Amendment Equal Protections to me … how about you?
You should also know that the Moms and Dads of this world who have ID individuals are not taking this lying down. We plan a massive Social Media campaign against any and all groups who oppose the concept of Choice of Workplace for our Children, and we will be sure to let those businesses with whom you are affiliated and those others who are in favor of the repeal of 14 (c) know of your position, and the devastation it will cause if adopted. In the Spring, a number of us will be traveling to Washington with our children to see the House and Senate members. We would be pleased to pay you a visit.
At the same time, we stand ready,willing and able to work with you, Senator Bobby Casey (yes I know him for a long long time), and President Elect Joe Biden (yes, when I was active in ATLA, we used to ride to DC together on the Amtrak Train), and any other individuals to craft meaningful positions on this legislation which would be a win win for everyone. Much of our position is set forth above. But if you and your Board, or anyone else for that matter, insist on fighting us, we are prepared to go to war. Of particular note is the transition time expressed in those bills....Does anyone really think that after 6 years or even after 10 years, the individual's disability will magically go away, sufficient for that person to enter Community Employment? Again, sounds like the President declaring that COVID 19 was a hoax, and that it would magically disappear … How did that work out for you and your Board?
I await your kind response. I know your Board Vote is January 13th. Please send this email to all your Board Members; if possible, I would like to be part of the Zoom call. I also await the response of Senator Casey and Senator Toomey, as well as the two individuals listed in the caption who crafted the Biden position on this matter.
Ted Schwartz
Ted Schwartz is a Pennsylvania Trial Lawyer and Past President of the Pennsylvania Trial Lawyers Association, Past Governor of the Association of Trial Lawyers of America, and the father of a 44 year-old son with Fragile X syndrome.
Footnote: SourceAmerica is a nonprofit that helps businesses fulfill contract requirements with work done by employees with high-functioning disabilities. The board of SourceAmerica, one of two U.S. central nonprofits designated in the Javits-Wagner-O’Day Act to support nonprofit agencies participating in the AbilityOne Program, has adopted a policy calling for the elimination of Section 14(c) sub-minimum wage certificates. It has never explained how it expects those with severe intellectual, functional and.or behavioral disabilities who have never exhibited any capacity for competitive employment will find work.
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