I have been passionate about serving the needs of adults with disabilities as CEO of Creative Enterprises, a 501 (c ) (3 ), training and employment, community rehabilitation program in Georgia. By July of 2027, Georgia will abolish the use of 14(c) certificates issued by the US Department of Labor (DOL) to pay workers with disabilities less than minimum wage. Proponents describe Section 14(c) as preparing those with the most significant support needs in a safe environment for employment, while opponents view it as discriminatory and exploitative.
With 50 years of experience in the field, I believe that people need the ability to choose the services that benefits their individual needs. The American Disabilities Act, passed in 1990 already prohibits employers from discriminating against people with disabilities and entitles them to fair pay in a work setting. By taking away the 14c choice, Georgia is taking away options that allows a small percentage of people more independence.
While intentions are good on all sides of the issue, the topic has been politicized, and the result is harmful for some people it should be supporting. While there are many individual reasons why people with disabilities would like to utilize the sub-minimum wage certificate, I am sharing just one genuine example. I can share at least 50 more examples if needed.
Leigh McIntosh
Let me tell you about my friend named Smokey (not his real name). I have known him at Creative Enterprises since he aged out of the school system years ago, and his care team felt that he needed to be in a safe place where he could continue to learn. He and two of his siblings have a genetic mutation that causes intellectual disabilities. They grew up with loving parents who had been advised to institutionalize their children and forget they had ever been born. Instead, the parents chose to raise their children and assist them in living as normal a life as possible. They are the heroes of this story because raising three children with developmental disabilities is very difficult and complex.
Smokey wanted to work. He enjoyed working in our production area, where we provided labor for various businesses and paid the people we served, by the piece to do the job. We had a special certificate from the Department of Labor called a 14(c), or subminimum wage certificate, that allowed us to pay piece-rate. Our end goal was to ultimately place people in community jobs utilizing our job coaches to find and teach those jobs to the people we serve.
Society dictates everyone should work. The reality is that there are people who do not work because in America, we have the freedom to choose. Smokey wanted to work, so we focused on preparing him to work in the community. The advantage for him to work meant that he would eventually become a taxpayer rather than a tax recipient because he was utilizing the Social Security and Medicaid benefits for which he qualified.
The big day arrived. Our job coaches found a factory job for him and went to work with him, teaching him how to perform the job the employer wanted him to do. The employees were generally kind to him, and he strived to please everyone. We slowly pulled away as he became more proficient in the job while still checking on him to troubleshoot any issues that came up.
An unexpected call from the employer informed us they were firing him and might even prosecute. He had exposed himself to one of the women in the factory, and she could press charges. This was devastating to all of us and his family was mortified. As we talked to the employer and the victim, we assured her that he would not be able to do this again. His family had already decided that even though he wanted to work, it was not as important as keeping him out of jail because he would be vulnerable to exploitation. He did not truly understand the consequences of his actions.
This solution allowed him to continue working in our production area. He earned piece-rate, but more importantly received expert care from professionals. His average production rate was about 15%. This meant that the money he earned did not impact his Social Security check, and he would not lose his Medicaid benefits. In his case, it was the best solution. Prison for someone who did not understand what he had done would have been a brutal consequence. This solution allowed him to continue to grow, learn, and have friendships while in a safe environment that could provide for his individual needs. This ability for a care team to help him make the best choices was critical.
Politics got involved in deciding the fate of people like Smokey. A lobbying group for people with disabilities used their leverage with the Georgia legislature to imply that anyone making less than minimum wage was being exploited and consequently a law abolishing the use of the 14(c), or subminimum wage certificate was passed. The irony is that the department of Labor at the National level decided that the sub-minimum wage certificate is still needed by some people and refused to abolish it. However, Smokey will no longer be able to work because of the new Georgia law, since he is not allowed to work in the community.
Having to pay a group of people 100% of the minimum wage when they work at a rate of 15% is too big a loss. Even if we secured grants to give these people minimum wage, their earnings would be falsely inflated and could eventually negatively impact their Social Security benefits.
The people we served in our 14c program were not planning to work. Each person working in our production department had individual and sound reasons for why they were not working in the community. They have lost a choice that was important to them. In a few cases where our folks went to work and, over time, lost their benefits due to company downsizing, personnel changes, or other reasons, they were unable to get their benefits back. There are long waiting lists for people to receive some of these benefits, and it is not worth it to families to risk losing them.
As so often happens, political ideology got in the way. A powerful lobbying group was able to raise their voices over the voices of the most vulnerable people who must live with the consequences. Those non-compromising voices swayed our politicians and vilified anyone who disagreed. Consequently, none of the politicians visited our program or talked to the people being affected, even though we invited them many times. When politics swing too far to the left or right, everyone suffers. Disability should not be defined by politics. It hits every group. A “one size fits all” solution, rarely works and fails too many people.
Let freedom win. The kindest thing we can do is listen to everyone’s choices and allow them to make decisions for themselves that serve their best interests. That’s the American way. Let’s strive to be better together.
