Individuals with serious disabilities encounter many difficulties when attempting to enter the workforce. They may have physical or mental deficiencies that make it difficult, if not impossible, to become competitively employed. There are, however, incentives and exceptions to normal workplace rules that “even the playing field” for employees and employers alike.
Undoubtedly, many employers think that employing a developmentally disabled worker is fraught with pitfalls. You may worry about making all the necessary accommodations. Or maybe you’re concerned about the disabled individual’s interactions with coworkers (and vice versa) or how reliable he’ll be. There are many legitimate concerns. However, employing the developmentally disabled can be a win-win situation for everyone involved. The disabled individual is empowered by his employment and you provide a service to the individual and the community at large. Several incentives are available to employers to encourage employment of the developmentally disabled.
FLSA Exception
In certain circumstances, you may pay a disabled employee less than minimum wage if you receive a special certificate from the U.S. Department of Labor (DOL). Because many developmentally disabled individuals cannot be as productive as an average employee, an exception to federal wage and hour laws was created to enhance their opportunities for employment.
After receiving approval from the DOL, you are allowed to pay the disabled employee less than minimum wage when his production is impaired by his disability. In applying for a certificate of approval, you must provide the DOL information related to the average wage being paid and the wage you wish to pay the disabled employee. (The reduction in the disabled employee’s wage should be commensurate with the wage being paid to nondisabled workers. In other words, if he is 75 percent as productive as nondisabled employees receiving minimum wage, he should be paid no less than 75 percent of what nondisabled workers earn.)
Tax Incentives
A work opportunity credit also may be available to employers that employ the disabled. If an employee has been certified as disabled, you are eligible for up to a 40 percent credit for the first $6,000 paid to the disabled worker in his first year of employment.
Bottom Line
Employing the developmentally disabled takes sincere commitment by the employer. But entering the workforce can be profoundly beneficial for a disabled individual, who may find purpose and a modicum of independence through employment. In addition to providing opportunity for disadvantaged individuals, available incentives make employing the developmentally disabled a win-win for the employees and their employers.
I have started a facebook page for assisting disabled people to employment success. Employment success for those on disability
Great initiative and really good info in this article. I do consulting with for various vendors associated with regional centers here in Southern California. Unfortunately with the closure of the Lanterman facility it has made the proivders jobs that much more challenging and the need for supportive services maganified. I help them with accessing additional funding resources outside of the current infastructure.