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(Sacramento, CA) Today as we celebrate the anniversary of the Americans with Disabilities Act (ADA), Disability Rights California (DRC) releases a new report, “Evaluation of Limitations on Subminimum Wage Employment Under the Workforce Innovation and Opportunity Act.”

Today as we celebrate access and protection from discrimination, we realize we still have a long way to go to ensure that disabled people share the same economic access and opportunities as their non-disabled peers.

In its current form, Section 511 of the Workforce Innovation and Opportunity Act will not result in its intended outcomes of limiting the use of segregated subminimum wage employment and inclusion of people with disabilities in the competitive workforce. 

“We cannot be satisfied with the minimal progress we have achieved over the last six years. In a time where employers are seeking talented staff to meet business needs in a new economy, we must strengthen and build upon 511 to ensure workers with disabilities can make meaningful decisions about work and can access competitive integrated employment," says Rebecca Hoyt, Senior Advocate, Disability Rights California. 

This report summarizes Disability Rights California’s evaluation of the implementation of Workforce Innovation and Opportunity Act (WIOA).1 The WIOA is landmark legislation which reformed the public workforce system and increased access to services for people with disabilities seeking competitive integrated employment (CIE).  The WIOA sets forth limitations on the use of subminimum wage employment for people with disabilities.  It also provides protections for youth, age 16 to 22, to prevent young people from being transitioned from school directly to segregated, subminimum wage settings.

In this report, Disability Rights California evaluated California’s implementation of the limitations on the use of subminimum wage employment,2 over three program years,3 for:

1. adults currently working in subminimum wage employment and
2. youth at risk of subminimum wage employment.

Overall, we concluded that, while the California Vocational Rehabilitation Program, Department of Rehabilitation (DOR), generally complied with the federal requirements of WIOA, these efforts had little impact in addressing the needs of Californians at risk of, or currently working in, subminimum wage employment.

While career counseling and information and referral4 were abundantly provided, these services have not been effective in providing a path to vocational rehabilitation services and competitive integrated employment.

We urge the United States Department of Education and the Department of Labor to conduct similar evaluations in other states and develop a strategic plan to redesign the limitations on subminimum wage employment outlined in 34 CFR Part 397 et. seq. to improve outcomes for individuals at risk of or working in subminimum wage employment.

Additionally, we encourage the United States Senate Health, Education, Labor and Pensions (HELP) Committee and the United States House Education and Workforce Committee to do oversight hearings to explore the impact of Section 511 and the federal limitations on the use of subminimum wage employment.

A full copy of the report can be found here.

Media Contacts

Melody Pomraning
Disability Rights California
Melody.Pomraning@disabilityrightsca.org
(916) 504-5938

Disability Rights California (DRC) is the agency designated under federal law to protect and advocate for the rights of Californians with disabilities. The mission of drc is to advance the rights, dignity, equal opportunities, and choices for all people with disabilities. For more information visit: https://www.disabilityrightsca.org.

• 1. See 34 CFR § 367 et. seq. The Workforce Innovation and Opportunity Act (WIOA) increases access to services for people with disabilities seeking competitive integrated employment (CIE). WIOA also provides basic rights and protections for people working in, and youth at risk of, being referred to subminimum wage employment. These are commonly referred to as “Section 511 Protections” and took effect on July 1, 2016.
• 2. See 34 CFR § 367 et. seq. The Workforce Innovation and Opportunity Act (WIOA) increases access to services for people with disabilities seeking competitive integrated employment (CIE). WIOA also provides basic rights and protections for people working in, and youth at risk of, being referred to subminimum wage employment. These are commonly referred to as “Section 511 Protections” and took effect on July 1, 2016.
• 3. October 2016 – July 2019.
• 4. See 34 CFR §§ 397.20(a)(3) and 397.40