October 2024:
The MLO Minute: “October is NATIONAL DISABILITY EMPLOYMENT AWARENESS Month!”
By Laura Attieh, Esq., Attorney in the Special Education Department —
October is NATIONAL DISABILITY EMPLOYMENT AWARENESS month and a great opportunity to shine the spotlight on an issue that persons with disabilities have endured and suffered disparaging treatment for decades — fair labor and employment standards. Our nations plight for establishing and promoting equal access and equal opportunities for persons within employment and the labor industry has been and continues to be an ongoing struggle.
Often when people hear “fair labor standards” it is commonly associated with the legislative efforts for equal pay and workplace standards that affect race/origin or gender (i.e. the “glass ceiling” movement promoting equal pay for women employed in parallel level job positions as men, yet paid significantly lower salaries). Unfortunately, there is a category of persons who have been discriminated against in the labor industry for nearly 80 years that is overlooked and disregarded — individuals with disabilities.
Persons with disabilities performing the job position embodying the same/comparable duties and responsibilities as a worker without disabilities earning at least minimum wage, under the Section 14(c) of the Fair Labor Standards Act (FLSA), earn “subminimum” wages. The notion that a person with disabilities in the eye of the labor industry is considered less valuable than a co-worker without disabilities is a myth.
From my experience, I believe that many of the young adults that our firm has helped become part of the integrated workforce through transition programs and work based learning programs have had voluminous praise and appreciation by their employers because of their work ethic, dedication, accountability and performance.
We encourage everyone to join in the awareness and advocacy of National Disability Employment Awareness Month in a way that is personal. For me, I want to voice that a valuable employee is any employee that performs their job duties and responsibilities with integrity and contributes to the productivity and betterment of the community at large, regardless of their race, gender, national origin, age, OR disability.
At McAndrews Law Offices, we ensure that transition services mandated by the Individuals with Disabilities Education Act (“IDEA”) are complied with for your child because employment and participation within the workplace is for all persons.
In Pennsylvania, under Chapter 14, the transition planning as part of the Individualized Education Program (“IEP”) process begins when the student reaches the age of 14. There is much more than just pamphlets and program brochures. Work-based learning programs, on-site job experience and training, vocational and Vo technical training are educational programming opportunities to enable you child, young-adult for acquiring the skill sets for the appropriate employment opportunities in their community. We will continue to represent and advocate for your child and their equality in their future employment. Please don’t hesitate to contact us today by calling 610-648-9300 and scheduling a consultation.