OLYMPIA – On Monday, the Washington State House of Representatives passed House Bill 1706 on a bipartisan vote of 81-17. The legislation, sponsored by Rep. Noel Frame, D-Seattle, would eliminate special certificates that allow employers to pay less than minimum wage to workers with disabilities.
The law allowing Washington businesses to pay people with disabilities subminimum wages was enacted in 1959, predating civil rights legislation, such as the Americans with Disabilities Act and the Individuals with Disabilities Education Act.
“Paying people subminimum wages based on their disability is outdated and archaic. No class of employees should be marginalized, and minimum wage protections should be just that, protections, for everyone, regardless of their disability status,” said Frame during her speech on the House floor. “We’ve seen that paying a subminimum wage is not the most effective way for people with disabilities to get jobs. Instead of paying people with disabilities a subminimum wage, we should be expanding our supportive employment programs that help people find the jobs that match their strengths and talents.”
House Bill 1706 would ban any new waivers allowing businesses to pay subminimum wages to people with disabilities, while waivers already in existence will remain valid until they expire. The bill also requires that the Department of Labor & Industries notify people currently utilizing the waiver, their families, and employers of the change, and provide technical assistance to people transitioning out of subminimum wage employment.
If enacted, Washington would join the national movement to end the practice of paying people with disabilities subminimum wages. Alaska, New Hampshire, Vermont and Maryland have already banned the practice.
House Bill 1706 now heads to the Senate for further consideration.