By Matt Bittle

DOVER — Legislation filed Thursday would remove a provision from state law allowing people with disabilities to be paid less than minimum wage.

Currently, Section 14(c) of the federal Fair Labor Standards Act of 1938 lets select organizations pay a subminimum wage to individuals with disabilities. In Delaware, the wage is determined by the Department of Labor.

After a public hearing, the department may set a subminimum wage “for the employment of individuals whose earning capacity is impaired by age or physical or mental deficiency or injury,” as the agency determines it “necessary or appropriate to avoid hardship or prevent curtailment of opportunities for employment.”

House Bill 122 would require individuals with physical and intellectual disabilities to receive the state minimum wage, which is currently $9.25 an hour.

“Though the 14(c) program was considered progressive in its day, vocational training and rehabilitation have come a long way toward providing people with disabilities a much broader range of employment opportunities in their communities,” Rep. Debra Heffernan, a Bellefonte Democrat who is the bill’s lead sponsor, said in a statement. “It’s time to affirm that all Delawareans, including those with disabilities, are entitled to earn the same minimum wage, period.”

The legislation would phase out the provision by July 1, 2023, under a to-be-developed plan. The bill is named the Jamie Wolfe Employment Act, after the hardworking advocate for disability rights in Delaware, who died in 2018.

According to the House Democratic caucus, just two 14(c) entities currently operate statewide.

A fall report from the U.S. Commission on Civil Rights recommended ending the 14(c) program, calling it “inconsistent with the civil rights protections to which people with disabilities are entitled.” Per the findings, the average 14(c) employee earned $3.34 per hour and worked 16 hours per week, usually in tasks such as packing or basic assembly.

Four states have already phased out the 14(c) program and four others, including Maryland, are in the process of doing so, per the House Democrats.

The legislation notes that the special-wage certificate program was well-intended when created, but today “advances in vocational rehabilitation, technology, and training as well as changes in attitudes and laws regarding the ability of, and opportunities for, both students and adults with disabilities to work and live in the community now provide persons with disabilities greater employment opportunities.”

“My uncle, who had a mild intellectual disability, was born in the 1930s, the same decade the 14(c) provision became law. He spent many years working in a 14(c) program and, though the staff were caring and supportive, there were so many missed opportunities,” Terri Hancharik, a longtime advocate for Delawareans with disabilities, said in a statement.

“In 1987, I gave birth to a baby girl who ended up having cerebral palsy that significantly affected her life. But, unlike my uncle, the opportunities and supports now offered to people with disabilities have allowed her to live her life totally in the community, just like her five brothers.”

Ms. Hancharik continued, “It’s time to move on from the old 14(c) program model. Paying someone a sub-minimum wage is an outdated practice and it is everyone’s civil right to fully participate in all aspects of life, including integrated employment.”

The bill has been assigned to the House Economic Development/Banking/Insurance/Commerce Committee. It is one of several proposals related to raising minimum wage that lawmakers could consider this year.

Menstrual products for schools

Legislation that would provide free tampons, pads and other menstrual products to students passed the House without opposition Thursday.

House Bill 20 would require all Delaware public and charter schools with students from sixth to 12th grades to provide free menstrual-hygiene items in half their bathrooms at no cost to students during the 2021-22 school year.

“Period products are not a luxury. They are essential items for our daily lives,” House Majority Leader Valerie Longhurst, a Bear Democrat, said in a statement. “But the cost can be a barrier. People of all ages struggle at some point in their lives to afford period products. This problem is magnified for low-income families, which puts stress on children as they mature.

“We have the opportunity and responsibility to take a stand for period equity by making tampons and pads available to all students who need them. Improving access to safe, sanitary products will help students go about their daily lives with dignity, and without shame or worry. I’m proud to take this step forward for Delaware children.”

The bill also mandates menstrual products be made available in half of bathrooms designated non-gender-conforming. Schools would have to post in common areas and on their websites where hygiene products will be provided.

According to a 2020 survey from Always, one-third of parents worry about affording period products. A study published in Obstetrics & Gynecology found 21% of low-income women were unable to afford them on a monthly basis.
Several states have approved similar legislation.

The bill awaits a hearing in the Senate Health & Social Services Committee.