Sheltered workshops face new challenge

New federal rules could affect pay, contracts, integration

Shown in this April 1, 2011 photo, more than 70,000 flowers, plants and native Missouri flora, including these petunias, are available for guests to Gifted Gardens, a venture that is part of Camden County sheltered workshop business, Lake Area Industries, in Camdenton, Mo.
Shown in this April 1, 2011 photo, more than 70,000 flowers, plants and native Missouri flora, including these petunias, are available for guests to Gifted Gardens, a venture that is part of Camden County sheltered workshop business, Lake Area Industries, in Camdenton, Mo.

Service providers who work with individuals with intellectual and developmental disabilities may have to change their hiring practices as a result of a new federal regulation called the Workforce Innovation and Opportunity Act (WIOA).

WIOA is a federal regulation prohibiting local and state educational agencies from contracting with sheltered workshop providers, where employees only work with other people who have disabilities and earn sub-minimum-wage pay.

There are more than 90 sheltered workshops across the state.

To help prepare service providers statewide, a employment conference titled "Employment: The landscape has changed," was held Wednesday, hosted by The ARC of Missouri, a grassroots organization that supports and empowers people with intellectual and developmental disabilities.

Victoria Thomas, trial attorney for the disability rights section of the Department of Justice, was the keynote speaker and explained the American Disability Act, the Olmstead Act and WIOA share one common goal: integrative employment services.

ARC of Missouri board member Mark Satterwhite said this was an opportunity for service providers to have a meaningful discussion about the changes they may see in the near future.

"This event is about how employment services in Missouri are changing in response to federal laws that require employment to occur in the most integrative settings," Satterwhite said. "There is a lot of concern among families, workers and shelter workshop managers - they're afraid they're going to be closed."

The implementation of WIOA would result in sheltered workshops being stripped from their 14(c) certification, which authorizes them to pay employees with disabilities less than the federal minimum wage under the Fair Labor Standards Act.

Satterwhite explained on the other side of the spectrum some advocates for the rights of those with disabilities believe it may be time for sheltered workshops to close.

There was a consensus among the service providers in attendance that their clients deserved a choice.

"Don't force employment integration on people give them the choice," said Jim Guyre, executive director of Valley Industries in Hazelwood.

Representatives from Boone County Inc., an organization that advocates and provides employment placement services for people with disabilities, agreed.

"The purpose of this conference is create dialogue so we're talking to each other and work together to recognize that a transition to something new is inevitable," Satterwhite said. "Let's work together to make it a smooth transition."