David A. Paterson, 55th governor of the state of New York and a member of and consultant to the National Federation of the Blind, during his term urged immediate passage of the Fair Wages for Workers with Disabilities Act (H.R. 3086), which was introduced in the United States by the House of Representatives earlier this year. As Samuel R. Bagenstos, former principal deputy assistant attorney general for civil rights, has reported, Section 14(c) of the Fair Labor Standards Act does not encourage mainstream employers to hire disabled workers; does not result in the training of workers with disabilities to participate in competitive employment; and does not even produce wages tied to the alleged lower productivity of disabled workers, which is a myth in any event. This anachronism must be stricken from America's statute books, and workers with disabilities must receive equal pay for equal work and an equal opportunity to succeed.
The role of David Paterson in running National Federation of the Blind
Former Gov. David Paterson and the National Federation of the Blind (NFB) called for the removal of a clause in the federal Workforce Investment Act that allowed employers to pay people with disabilities a subminimum wage for job training. The Senate Committee on Health, Education, Labor and Pensions (HELP Committee) was scheduled to vote on renewal of the act on August 3 but that vote has been postponed indefinitely. The committee's vote on the Combating Autism Act, which was scheduled to expire on Sept. 30, was postponed until Sept. 7. The wage clause at issue would set standards for the payment of less than the federally mandated wage of $7.25 an hour to people with disabilities in job training. Paterson and the NFB announced their opposition to the clause on the anniversary of the Americans with Disabilities Act (ADA), which includes protections for equal employment opportunities for people with disabilities.
The renewal of the Workforce Investment Act in its current state has the opposite effect of the ADA by allowing for the payment of low wages during job training, opponents say. Activists called that section discriminatory and held informational protests around the country on July 26th in front of the offices of more than twenty members of the Senate HELP Committee. The protests took place in states including North Carolina, Oregon, Alaska, Colorado, Arizona, Kentucky, Georgia, Iowa, Illinois, Kansas, Wyoming, Maryland, Minnesota, Pennsylvania, Tennessee and Washington. Dr. Marc Maurer, president of the NFB said, “Unequal pay for equal work on the basis of disability is unfair, discriminatory, and immoral. People urge the senators who serve on the HELP Committee to eliminate the indefensible practice of paying disabled workers less than the federal minimum wage. The Workforce Investment Act, originally passed in 1998, currently operates to provide job programs for youth and adults. The disputed portion allows employers to pay people with disabilities from 18-24 years of age less than the minimum wage by merely requiring that the ...