Why I Support Section 511 Open Letter to The Disability Community From: Michael Bailey – parent, advocate, and Chairperson of the National Disability Rights Network Re: Why I support the passage of Section 511 of the Vocational Rehabilitation Act Date: August 26, 2013 I abhor segregated work, sheltered employment and sub-minimum wage. Anathema to community integration, self-determination, and full citizenship. Relics of a bygone era. Because I want to eliminate these antiquated practices, I also support Section 511 of the Workforce Investment Act of 2013 as passed by the Senate Health, Education, Labor, and Pensions (HELP) committee of the United States Senate. Why? As father of a twenty five year old woman with Down Syndrome I was present when she was offered a job as spokesperson for a sheltered workshop. “I don’t want to hurt your feelings,” she said. “But this place reminds me of a self-contained classroom and I don’t want anything to do with it.” Eleanor graduated high school with a regular diploma and was in inclusive placements throughout. Her awareness of her disability was triggered by observing how students in self-contained classrooms are treated. “Apple juice and baby songs” is her description. Nothing resonates with her more than being told she is less than equal. This issue is very personal. Section 511 does not end subminimum wage employment. Indeed that can only be done by abolishing section 14(c) of the Fair Labor Standards Act. But Section 511, taken along with the rest of the proposed reauthorization of the Workforce Investment Act, makes important steps toward ending subminimum wage employment. Current law allows any person to enter a subminimum wage program at any time with no restrictions. That means a young person such as my daughter could enter a program and be there for 10, 20 or more years. Eleanor and I were able to imagine alternatives to that fate, but many families do not have the same information we had. The proposed reauthorization of the Vocational Rehabilitation Act would require that each individual under 24 apply for vocational rehabilitation services and make a reasonable effort to work in competitive, integrated settings before ever working in a subminimum wage employment setting. This requirement, along with other changes in the Senate reauthorization, will help ensure that thousands of young people, who otherwise would have gone directly to subminimum wage programs, will receive supported, integrated employment experiences and thee option to work in integrated settings. Sadly, as our laws are now configured, there is no requirement for youth to have those experiences. With the implementation of Section 511, many young people will be rescued from a life working in subminimum wage settings. And rescuing individuals like my daughter is what I want. As Chair of the Board of Directors of the National Disability Rights Network (NDRN), it is my responsibility to help guide our organization on the most responsible path toward full integration of people with disabilities in our country. By supporting the provision I believe we are on the right path. Do I want to see section 14 (c) of the Fair Labor Standards Act repealed? Absolutely! But I do not understand why we cannot work to repeal 14 (c) at the same time that we are working to enact Section 511. The reauthorization of the Workforce Investment Act, voted out of the Senate HELP Committee by a vote of 18-3 in July, can pass. It is the result of bipartisan cooperation and agreement between HELP Chair Senator Tom Harkin (D-IA) and ranking minority member Senator Lamar Alexander (R- TN). That in itself is the rarest of rarity. Bipartisan agreement and a real possibility of passing the full Senate. For the first time since the subminimum wage option has been law we have the opportunity to provide youth with an alternative rather than a direct path to work that is less valued and less compensated than the efforts of the rest of the country’s citizens. To me, passing the reauthorization of the Vocational Rehabilitation Act with Section 511 is far better than nothing and nothing is what we will have if this version does not pass. In 2010 NDRN published its groundbreaking report “Segregated and Exploited: A Call to Action.” In it we traced abuse in every state, criticized the tyranny of low expectations so endemic in the provider community and strongly called for an immediate end to segregated and subminimum wage employment. That report sparked a vigorous national discussion that brought organizations like the National Council on Independent Living, the National Federation of the Blind and the National Council on Disability and others to join us in our call for abolition. Additionally social media has played a strong roll in educating millions of Americans to the shocking salaries of chief executive officers of companies such as Goodwill. Salaries earned from donated inventory and paying workers pennies an hour. Momentum is on our side. Let’s capitalize on that. I deeply respect my beloved colleagues who disagree with me and argue that we are better off without this provision. To them I reply that without this amendment we will be left with a door to subminimum wage that is wide open. Agreeing that it is not perfect I also know that hundreds of thousands of people languish in these places daily. They are not pre-vocational. They are places that treat people with disabilities as a commodity. Raw material to fuel the disability business. To my friends I ask, “How can we ethically forego an opportunity to divert young people from entering these programs?” Section 511 acknowledges the value of people with disabilities; argues that all people can work; and that all people should be given the opportunities and supports to participate in the competitive integrated workforce. The real fight here will be over repeal of 14(c). There the opposition will be heavily funded special interests and their expensive lobby. By supporting and passing Section 511 now we can go into that battle with momentum on our side. After all, we are right. They are wrong. But those things are not necessarily what wins fights in the American political arena. Let us take a win here. And build on it. In other civil rights struggles, the world did not change overnight. Sixty years passed between Seneca Falls and adoption of the Nineteenth Amendment. A full century between the fourteenth amendment and the Voting Rights Act. We do not have that time. But we can recognize that social change is incremental. This provision offers us a unique opportunity to score a point for justice. And we need one. Please join my daughter, myself and NDRN in making it happen. Free Our People! Michael T Bailey, President National Disability Rights Network Portland, OR
Posted on: Mon, 26 Aug 2013 18:56:09 +0000