Welcome to INSIGHT, the new monthly newsletter from the National Association of Councils on Developmental Disabilities. The monthly newsletter will feature stories focused on policy, the work of State DD Councils across the country, and other insight on what’s impacting the developmental disability community across the country.
The Push to End 14c
NACDD and state DD Councils have been hard at work to end 14c across this country. At the end of November, Illinois became the 16th state to pass a law, Dignity in Pay Act to end this practice across the state. NACDD released its official statement on 14c and has been working with other state DD Councils to support their efforts towards reaching this goal.
Paying subminimum wages to people with developmental disabilities was legalized under Section 14(c) of the Fair Labor Standards Act (FLSA). This outdated provision, enacted in 1938, allows employers to pay workers with disabilities less than the federal minimum wage, perpetuating a system of segregation, exploitation, and limited opportunity. Sheltered workshops, which primarily employ people with developmental disabilities in isolated, non-competitive environments, further reinforce this inequity. Approximately 96% of 14(c) employees are at sheltered workshops.
Transitioning from 14(c) programs and sheltered workshops to integrated and inclusive employment is a matter of human rights and a crucial step toward fostering a more just and equitable society.
Ending 14(c) and transitioning to inclusive employment requires a cultural shift and a commitment from employers to view people with disabilities as valuable contributors to their workforce. With the right supports, including job coaching, assistive technology, and workplace accommodations, people with developmental disabilities can succeed in a wide variety of jobs.
In December, the U.S. Department of Labor announced a proposed rule to phase out subminimum wage certificates under Section 14(c) of the Fair Labor Standards Act, representing a critical step toward ensuring equity and dignity in the workplace for individuals with developmental disabilities.
The proposed rule would include stopping the practice of issuing new 14(c) certificates to employers, and phase out the use of existing 14(c) certificate holders over three years upon the finalization of the rule. According to the Notice of Proposed Rulemaking (NPRM), the current regulatory framework was adopted in 1989, before the passage of the Americans with Disabilities Act.
“This rule is a victory for fairness, opportunity, and the dignity of work,” said Jill Jacobs, Executive Director, NACDD. “Advocates across the country have worked tirelessly to demonstrate that people with disabilities can thrive in competitive, integrated employment when given the opportunity.”
Currently, there are 15 states that have ended 14(c) sheltered workshops and subminimum wage practices, with Illinois being the latest to pass the Dignity in Pay Act in November 2024. Most of these states have been successful due to the work involving the state’s developmental disabilities Councils and coalitions to advocate to end sheltered workshops and subminimum wages.
State DD Council Highlights
North Carolina: NC Leads in Hurricane Helene Efforts
The devastating aftermath of Hurricane Helene left Western North Carolina in dire need for support, including its disability community. The North Carolina Council on Developmental Disabilities, along with agencies and organizations, led the way to find support for the those affected by the hurricane. The state held daily emergency management calls focused on the disability community. NCCDD has also held additional regular calls focused on the disaster and the disability community. The Council released a resources guide and sent notifications to those affected on a weekly basis to provide resources, updates, and more.
Illinois: Dignity in Pay Act Passes to End 14c
The Illinois Council on Developmental Disabilities (ICDD) celebrated the passage of the Dignity in Pay Act, groundbreaking legislation aimed at ensuring fair wages and greater employment opportunities for individuals with developmental disabilities.
The Dignity in Pay Act will phase out the use of subminimum wages for workers with disabilities under Section 14(c) of the Fair Labor Standards Act. Illinois now joins a growing movement of states committed to ending outdated practices that have marginalized people with disabilities in the workplace.
ICDD, one of the many leading organizations behind the Dignity in Pay Legislations, notes that this pivotal act is a significant step toward fostering inclusion, equity, and economic independence for all Illinoisans.
“This legislation sends a powerful message that every worker deserves fair pay and respect for their contributions,” said Kimberly Mercer-Schleider, executive director of the Illinois Council on Developmental Disabilities. “We are grateful to the advocates, families, and lawmakers who championed this cause and stood up for the rights of people with developmental disabilities.”
Powered by a coalition of state agencies, including ICDD, organizations, and trade associations, the efforts to pass the Dignity in Pay Act will ensure a more equitable future for individuals with developmental disabilities in Illinois. With bipartisan support, the bill now heads to Governor JB Pritzker’s desk to be signed into law.
Key Provisions of the Dignity in Pay Act
- Phased Elimination of Subminimum Wages: Employers previously paying workers with disabilities less than minimum wage will transition to equitable pay practices over the next five years.
- Support for Workforce Development: The act includes funding for programs to assist employers and workers in creating accessible, inclusive workplaces.
- Enhanced Employment Services: Resources for job training, career development, and employment placement will empower individuals with disabilities to succeed in competitive, integrated employment environments.
The chief bill sponsors include Representative Teresa Mah, Senator Cristina Castro, and support in the Illinois General Assembly. The coalition also included efforts of civil rights, human rights, organized labor, anti-poverty, and trade associations.
Along with ICDD, the Illinois Department of Human Services (IDHS) and the Illinois Department of Labor will work towards the implementation of the Act across the state.
“This law will create employment opportunities for people with disabilities by providing a five-year transition period for employers and employees, establishing a support program to provide resources and assistance to service providers, raising the Personal Needs Allowance for group home residents, and increasing Supported Employment Rates to expand competitive, integrated work opportunities statewide,” said Governor JB Pritzker in an official statement.
ICDD extends its gratitude to the bipartisan coalition of lawmakers and Governor JB Pritzker for their leadership in advancing this historic legislation. It is also thankful for the unwavering dedication of community advocates who have long fought for employment justice for people with developmental disabilities.
Delaware: Delaware Launches The Advocate
The Delaware DD Council launched its new quarterly newsletter, The Advocate. It will include the latest and greatest updates, stories, and resources—all with the DDC community in mind. Read the first issue here.
NACDD News
ABLE Act Turns 10
Advocates from around the country, including the team from the Kansas Council on Developmental Disabilities, attended a celebration of the ABLE Accounts. NACDD had the opportunity to meet Julie Hocker, former U.S. Commissioner on Disabilities. Senator Bob Casey, Representative Cathy McMorris Rodgers, and other representatives spoke about how the act has helped people with disabilities save over $2 Billion dollars in combined ABLE accounts in the 10 years since its passing. Our DD councils are committed to ensuring every qualified person with a disability can access an ABLE account!
The accounts have now saved over $7 billion, securing the future for people with disabilities and their families, without losing their benefits. The Stephen Beck, Jr., Achieving a Better Life Experience Act (ABLE) became law on December 19, 2014. The law aims to ease financial strains faced by individuals with disabilities by making tax-free saving accounts available to cover qualified disability expenses. To learn more about ABLE Accounts, visit https://www.ablenrc.org/
OP-ED: What RFK, Jr.’s Appointment Could Mean for People with Disabilities
Mia DeGeorges, an NACDD intern, shares her opinion on what the appointment of Robert F. Kennedy, Jr. to US Department of Health and Human Services could mean for the disability community.
Donald Trump’s victory and the potential appointment of anti-vaccine science-skeptic Robert F. Kennedy Jr. as secretary of the Health and Human Services Department will have complex consequences for those with intellectual and developmental disabilities. Kennedy’s campaign against vaccines has limiting and dangerous implications for the health of individuals with disabilities, many of whom have immuno-compromising comorbidities. Read her opinion here.
NACDD Welcomes New Staff
NACDD welcomed Mary Willard and Nana Rokosz as the organization’s Operations Director and Operations Administrative Assistant, respectively!
Mary is an experienced non-profit professional and disability rights advocate with over 15 years dedicated to promoting inclusion and empowerment with individuals with disabilities. She served as the Public Health Outreach Coordinator for Summit Independent Living in Missoula, MT, where she ensured that disability messaging and inclusion was central to public health initiatives. Willard educated community organizations and the legal system about Americans with Disabilities Act (ADA) compliance and accessible communication, while providing vital information and referrals on community resources to individuals with disabilities.
With more than a decade of experience working in the disability and aging space, Nana has supported people with Developmental Disabilities and older adults as a Direct Support Professional (DSP) and DSP manager in both congregate settings and Home and Community-based services (HCBS), to include work in consumer direction. Nana speaks multiple languages and has lived in the United Kingdom, Ghana, and the United States. Her work in the international human rights space includes CARE, where she focused on legislative initiatives, volunteer development/coordination, and event planning.
