In our Spring 2025 issue, we celebrated the Department of Labor’s announcement to phase out 14(c) certificates—finally moving to end the outdated and discriminatory policy that allowed people with disabilities to be paid subminimum wages. It was the culmination of decades of advocacy and a major step toward equality in employment.
Well, never mind.
The public comment period for the proposed rule ended in January 2025. Under the Administrative Procedure Act, which governs how executive agencies perform rulemaking, the Cabinet department must then review the comments and determine whether to finalize the rule. But January didn’t just mark the end of the comment period, it also marked the end of the Biden Administration.
The Trump Administration opted not to move forward with the rule. This decision is consistent with a broader pattern: The incoming administration has openly targeted many regulatory initiatives associated with the Biden and Obama administrations, and in particular anything relating to the diversity, equity, inclusion, and accessibility (DEIA) agenda. That rollback now includes stopping the planned elimination of subminimum wages for workers with disabilities.
This development is not just a policy shift—it’s a setback for the disability rights movement. Subminimum wage is not a "job creator" or a pathway to inclusion; it's a relic of segregation-era policy that undermines the civil and economic rights of people with disabilities. Ending it should not be controversial—it should be urgent.
The hostility to disability rights, lumped in with the war against DEIA in general, is a reflection of Social Darwinist philosophy, in which the fittest thrive, and those that don’t shall be unmourned by society. This worldview has historically been used to justify exclusion, exploitation, and indifference. It remains a dangerous and corrosive force.
But to be clear, blame does not lie solely with the new administration. The previous administration had a window of opportunity—nearly four years—to enact lasting change. Instead, many critical executive actions, including this one, were delayed until the final year of the term, making them vulnerable to reversal. Had the phase-out begun in 2022 or even 2023, we might have seen substantial progress by now that would be difficult to reverse.
This moment should be a wake-up call. Progress on civil rights—especially for people with disabilities—must be prioritized, not postponed. The window for executive action is limited and precious, and we cannot afford to waste it./