Big questions loom for Oklahoma workers with disabilities

Jan. 29 will mark the first meeting for Oklahoma’s newly created task force to look at pay waivers for people with disabilities. Task force members will step into a debate that has been quietly building for years, sitting at the intersection of disability rights, workforce policy and wages.

Here’s the issue. In the 1930s, Section 14(c) of the Fair Labor Standards Act was created to expand employment opportunities for people with disabilities. Under the law, employers can apply to the U.S. Department of Labor for a certification allowing them to pay workers with disabilities less than the minimum wage if their productivity is determined to be lower than that of workers without disabilities. Supporters argue the waivers have provided structure, routine and access to employment for people who might otherwise struggle to find work. Critics counter the practice institutionalizes inequality and that no worker, regardless of disability, should be paid less than the minimum wage.

The future of this nearly 100-year-old policy is uncertain. At the federal level, momentum has shifted back and forth. The Biden administration spent months proposing rules to phase out 14(c) certifications nationwide, citing concerns about fairness and economic inclusion. Those plans were withdrawn in July under the Trump administration, which maintains the waivers are necessary to preserve employment opportunities for people with significant disabilities.

Meanwhile, states have increasingly taken matters into their own hands, with more than a dozen ending or sharply limiting use of the waivers. According to federal reports, those states haven’t seen a decline in labor force participation among workers with intellectual disabilities, a big concern of those opposed to elimination.

Oklahoma is one of 34 states that still allows subminimum wages. More than 1,200 Oklahomans with disabilities work under the 14(c) waivers, some earning just a few dollars an hour. Rather than ending the practice, Oklahoma lawmakers passed legislation in 2025 creating a task force to study and make actionable plans on transitioning to higher-wage jobs and appropriate day programs. The group includes people with disabilities and stakeholders from the private and public section. They’ll meet throughout 2026 and deliver recommendations by the end of 2027.

Workplaces that use the waivers warn that requiring higher wages without additional funding could shrink programs or limit who they serve, leaving behind people with the most complex disabilities. Families worry without adequate alternatives, their loved ones would lose the structure, supervision and social connection of those jobs. Disability advocates argue the waivers send a message that people with disabilities are worth less, and instead advocate for competitive integrated employment. They argue subminimum wage jobs have been treated as the default for Oklahomans with disabilities after high school, and that is no longer acceptable. The backdrop for this debate is a broader wage conversation as voters weigh in on State Question 832 on raising the minimum wage in the June primary election.

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For low-paid workers, including many people with disabilities, higher wages can mean better access to food, housing and health care. But wages alone do not address the availability of jobs, transportation, accommodations or the support systems required to ensure people with disabilities are not pushed out of the workforce altogether.

As Oklahoma’s 14(c) task force begins its work, the challenge ahead will be balancing economic fairness with real world supports, ensuring that dignity in wages does not come at the cost of dignity in opportunity.

How to watch

Notices and live streaming of the 14(c) task force can be found on the Oklahoma House website: okhouse.gov.

Sen. Julia Kirt is the Oklahoma Senate minority leader and represents Senate District 30, including parts of northwest Oklahoma City, Bethany and Warr Acres. Rep. Ellyn Hefner is the House Democratic Caucus Vice Chair and represents House District 87 in northwest Oklahoma City.

This article originally appeared on Oklahoman: Big questions ahead for Oklahoma workers with disabilities | Opinion