Restoration of Employment Choice for Adults with Disabilities Act
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The bill would loosen protections in the Rehabilitation Act that currently require young people with disabilities to try vocational rehabilitation and receive career counseling before an employer can pay them below minimum wage under a special certificate.
It would lower the protected age threshold from 24-and-younger to 17-and-younger, let employers pay subminimum wages to adults 18 and older who choose to accept it, and let employers satisfy counseling requirements simply by documenting an attempt to contact the state agency.
What this bill would do
What it would do
The bill would amend Section 511 of the Rehabilitation Act of 1973, which governs subminimum-wage certificates for workers with disabilities. It would reverse the current default: instead of barring subminimum-wage employment for individuals 24 or younger unless they first complete pre-employment transition services and vocational rehabilitation steps, the bill would allow subminimum-wage employment for anyone 18 or older who chooses to accept it, and would apply the stricter pre-employment requirements only to those 17 or younger. It would also relax the standing requirement that employers ensure workers paid subminimum wage receive periodic career counseling and referrals from the state vocational rehabilitation agency.
Under the bill, an employer would satisfy that counseling requirement simply by documenting an attempt to contact the state agency on the worker's behalf, even if the state agency never actually provides the counseling. Employers would also have to be given copies of certification documentation for employees they currently employ. The changes would apply to employment on or after enactment.
Key provisions
- 1Would allow entities to pay subminimum wages to individuals with disabilities who are 18 or older and who choose to accept such employment, reversing the current bar
- 2Would lower the age below which mandatory pre-employment transition services and vocational rehabilitation steps still apply, from 24 to 17
- 3Would let an employer satisfy the periodic career-counseling and referral requirement by documenting attempts to contact the state vocational rehabilitation agency, even if the agency never responds
- 4Would require that copies of certification documentation be made available to the employer for currently employed individuals
- 5Would apply these amendments to employment on or after the date of enactment
Who would be affected
Adults and older youth with disabilities employed or seeking employment under 14(c) subminimum-wage certificates, the entities holding those certificates (often sheltered workshops or specialized employers), and state vocational rehabilitation agencies responsible for providing career counseling, information, and referrals to affected workers.
Why it matters
Employers could pay subminimum wages to a broader group of adults with disabilities without first ensuring they attempted competitive integrated employment options, while workers already in subminimum-wage jobs could receive less proactive career counseling if state agencies do not respond to an employer's documented outreach attempt.
What would change
Changes to existing law
Amends Rehabilitation Act of 1973, Section 511 (29 U.S.C. 794g) (Sec. 2(1)-(2))
Reverses the default bar on subminimum-wage employment for those 24 or younger, allowing it for adults 18+ who choose it, and lowers the protected age to 17.
Amends Rehabilitation Act of 1973, Section 511 (29 U.S.C. 794g) (Sec. 2(3))
Adds an exception letting employers meet counseling/referral duties through documented outreach attempts even if the state agency fails to respond.
Amends Rehabilitation Act of 1973, Section 511 (29 U.S.C. 794g) (Sec. 2(4))
Requires documentation of certification be shared with the employer for currently employed individuals.
Agencies directed to act
Effective dates
- The amendments to subminimum-wage employment rules
How implementation would work
Certificate-holding employers would continue operating under existing Department of Labor Section 14(c) certificate procedures, but with revised eligibility rules keyed to age and individual consent. To meet ongoing counseling obligations, employers would document contact attempts with the designated state vocational rehabilitation unit at required intervals; if the state unit does not respond, the employer's obligation is considered satisfied. Employers would also need to retain and share certification documentation with currently employed individuals covered by it. No new federal rulemaking or reporting body is created; compliance would rest on existing certificate and documentation processes.
Legislative status & sources
Latest action
Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 15.
Official CRS summary
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This bill relaxes requirements that allow entities with a special wage certificate to pay subminimum wages to individuals with disabilities.
Specifically, the bill eliminates a requirement that an individual with a disability who is age 24 or younger receive pre-employment transition services and meet specified vocational rehabilitation criteria before beginning subminimum wage work.
The bill also relaxes career counseling and service referral requirements that apply to an individual with a disability who is paid at a subminimum wage. Current law requires an entity to ensure that an individual employed at subminimum wage receives periodic career counseling, information, and referrals to other services from the designated state agency. Under the bill, this requirement is met if the employer makes a documented effort to contact the state agency for those resources on behalf of the employee, and the state agency subsequently fails to provide the counseling, information, and referrals.
Legislative subjects
Labor and Employment