Hochul order takes away choice from NY workers with disabilities (Guest Opinion by Ernest M. Dodge)

Ernest M. Dodge is president and CEO of JM Murray, since 1966 the leading provider of person-centered services for individuals with disabilities in Cortland and Central New York. JM Murray promotes independence and community integration through support services, vocational training and employment opportunities. Our workforce of over 550 employees serves 750+ individuals across New York state.
On Sept. 30, 2024, Gov. Kathy Hochul signed Executive Order 40, committing New York to be an employment-first state to increase competitive integrated employment for New Yorkers with disabilities.
And on the surface, who would disagree with the context? Unfortunately, the order will have the opposite effect for individuals with intellectual or developmental disabilities (IDD). The order implies a one-size-fits-all approach. JM Murray strongly supports competitive integrated employment (CIE), but it isn’t for everyone.
As of today, 65 individuals choose to work at JM Murray under a federal 14c Special Wage Certificate allowing us to pay special, commensurate wages based on the individual’s productivity. Simply put, they are paid based on the output of their work and they do so acknowledging they can’t produce to levels that any employer would be able to compensate at or above minimum wage. As of Nov. 1, 2024, there were 23 reported 14c certificate holders in New York state, employing 1,399 individuals. The nearest certificate holder to us is located in Oneida, a 70-minute drive and 65 miles away. Work options for many in the IDD population are limited, with few opportunities available.For these 65 individuals, they either cannot or do not wish to seek CIE. The federal Workforce Innovation and Opportunity Act ensures they are informed annually of their employment rights and options. They chose to come to work at JM Murray, some as far away as Camillus, and be compensated for the work they produce. It’s their choice. JM Murray provides various work opportunities and in turn allows these 65 individuals to experience the pride and dignity of earning a paycheck. Some have tried CIE. Most unfortunately fail.
EO 40 will take away choice without the consent of the individuals with disabilities. Let that sink in.
The individuals with disabilities and their families had no input in a decision that profoundly impacts their lives. In a day and age when the New York state Office of People with Developmental Disabilities, families and countless advocacy groups across New York and the United States have vociferously argued for self-direction, person-centered choice, disability rights, the rights of individuals with disabilities were ordered away. The order applies to state agencies and while we are a private provider of services and employment, we produce and sell many commodities to New York state. This order limits available work hours for those we employ. Beginning in 2025, for every 40 hours of disabled labor produced at 20% efficiencies on New York state-held contracts, we’ll replace with eight hours of work by disabled labor capable of CIE. How does this promote work opportunities for the IDD population? No employer in New York state can afford to pay wages at or above minimum wage in return for 20% output.
CIE isn’t just about wages. Fully integrated employment must involve everyone enjoying breaks, lunch, small talk, jokes, etc., together. It cannot be segmented.
Left alone, 14c will eventually fade away. As wages increase, hand labor will be replaced with automation, and in turn the work opportunities will evaporate and so 14c will end. JM Murray was founded on the belief that if someone wants to work regardless of their disability and can do one thing correctly, we will find them work. We cannot support an executive order that expeditiously disrupts the lives of 1,399 New Yorkers with disabilities without their consent or knowledge. When did the pride and dignity of earning a paycheck based on one’s ability become intolerable?
What will happen to the majority of these 1,399 individuals? Almost all will not be employable under CIE. They will be forced back into their group homes or residences. Increased strain will be placed on their caregivers and families. Group homes that already have excessive staffing shortages will be further strained. The mental health of the displaced individuals will suffer. The least expensive form of habilitation (paid work) will be replaced by costlier service options to New York state that the individuals do not want, like Day or Community Habilitation. Many of these services remain woefully short of staff to support. Part of these services include volunteer work at churches, fire stations, SPCAs and other not-for-profit agencies. New York state will accept individuals volunteering their labor in these services but not being paid for work based on their productivity. In what world does this make sense?
It’s a sad day when government isn’t protecting the vulnerable and takes away rights and choices. It’s egregious when those affected are individuals with disabilities who had no input in the decision. There is no person-centered services or self-direction when the individual does not have choice. Executive Order 40 denies choice.