HR8736-119

What This Bill Does

The Restoration of Employment Choice for Adults with Disabilities Act changes section 511 of the Rehabilitation Act, which governs subminimum wage employment under Fair Labor Standards Act special certificates. It changes the opening rule so an individual age 18 or older may accept employment with a covered entity if the individual chooses that employment. It changes related references from age 24 to 17. It also creates an exception allowing a covered entity to satisfy counseling, information, and referral requirements if the entity documents repeated efforts to contact the designated state vocational rehabilitation unit and that state unit fails to provide the required services. When documentation is made for a person already employed by the covered entity, copies must be made available to the employer.

Who Benefits and How

Adults with disabilities who want subminimum wage employment benefit because the bill frames acceptance of that work as an adult choice. Section 14(c) certificate employers benefit from a path to satisfy documentation duties when a state vocational rehabilitation unit does not respond. Families supporting sheltered or certificate employment benefit if the option remains available for adults. State vocational rehabilitation units benefit from clearer documentation triggers, though they face pressure to respond to employer contacts.

Who Bears the Burden and How

State vocational rehabilitation units must respond to counseling, information, and referral requests or their nonresponse can satisfy employer requirements. Disability rights advocates opposing subminimum wage work bear a policy setback because the bill preserves adult access to that employment model. Covered entities must document contact attempts and maintain records. Workers may remain in lower-paid settings if they choose the option or if counseling access fails. Rehabilitation Act administrators must update guidance and forms.

Key Provisions

• Amends section 511 so individuals age 18 or older may choose employment with a covered subminimum wage entity.
• Modifies related age references from 24 to 17.
• Provides covered entities a way to satisfy counseling and referral requirements through documented contact attempts when state vocational rehabilitation units fail to respond.
• Requires documentation to be made available to the entity if the individual is already employed there.