THE NATIONAL MINIMUM WAGE WAS ESTABLISHED IN A LANDMARK LABOR LAW THAT PRESIDENT FRANKLIN ROOSEVELT SIGNED NEARLY 90 YEARS AGO.

TODAY THE MINIMUM WAGE IS JUST OVER $7 AN HOUR.

BUT A PROVISION IN THE LAW ALLOWS EMPLOYERS TO PAY CERTAIN WORKERS WITH DISABILITIES LESS THAN THAT.

ALI ROGIN IS BACK WITH A CONVERSATION WITH MARIA TOWN, THE PRESIDENT AND CEO OF THE AMERICAN ASSOCIATION OF PEOPLE WITH DISABITLIES.

IT'S PART OF OUR SERIES "DISABILITY REFRAMED."

ALI: MARIA, THANK YOU FOR JOINING US.

WHY IS IT LEGAL FOR SOME COMPANIES TO PAY SOME WORKERS LESS THAN THE MINIMUM WAGE, WHICH RIGHT NOW IS $7.25?

WHAT'S THE HISTORY OF THIS RULE?

MARIA: WELL, IN 1938, IN DURING THE NEW DEAL, THE UNITED STATES PASSED THE FAIR LABOR STANDARDS ACT, WHICH SOUNDS VERY GOOD.

AND IN MANY WAYS IT IS.

IT OUTLAWED CHILD LABOR.

IT ESTABLISHED THE 40 HOUR WORKWEEK.

AND WITHIN THE FAIR LABOR STANDARDS ACT, THERE IS A SECTION THAT ALLOWS EMPLOYERS TO PAY PEOPLE WITH DISABILITIES LESS THAN MINIMUM WAGE.

AND THIS WAS ORIGINALLY CREATED AS A KIND OF INCENTIVE PROGRAM TO GET EMPLOYERS TO KIND OF HIRE PEOPLE THAT WERE DEEMED UNHIRABLE.

YOU KNOW, IT WAS BASED ON THE IDEA THAT DISABLED PEOPLE WERE INHERENTLY LESS PRODUCTIVE.

SO YOU COULD PAY US LESS, BUT WE STILL NEEDED TO WORK.

AND THAT POLICY AND THE PROGRAMS ASSOCIATED WITH IT HAVE STAYED IN PLACE, AGAIN, SINCE 1938.

ALI: WHAT IS THE ENVIRONMENT LIKE NOW, FOR PEOPLE IN THE WORKFORCE WHO HAVE DISABILITIES?

MARIA: WELL, SO IN THE SPAN OF ALMOST 90 YEARS, ONE, WE'VE HAD A WHOLE DISABILITY CIVIL RIGHTS MOVEMENT HAPPEN.

THAT'S STILL HAPPENING TODAY.

THAT'S ACTUALLY BEEN FAIRLY SUCCESSFUL.

WE'VE HAD THE REHABILITATION ACT THAT ESTABLISHES NONDISCRIMINATION BY THE FEDERAL GOVERNMENT.

WE'VE PASSED THE AMERICANS WITH DISABILITIES ACT AND AMENDED IT TO MAKE IT EVEN BETTER, WHERE WORKERS WITH DISABILITIES CAN GET REASONABLE ACCOMMODATIONS SO THAT WE CAN BE AS EFFECTIVE AS POSSIBLE AND THRIVE IN OUR WORKPLACES.

WE ALSO HAVE THINGS LIKE TECHNOLOGY.

YOU KNOW, IMAGINE HOW MUCH THE TYPES OF JOBS AVAILABLE IN OUR ECONOMY HAVE CHANGED FROM 1938, WHERE YOU'VE GOT A LOT OF LIKE FACTORY LABOR TO TODAY YOU HAVE PROGRAMING OR CUSTOMER SERVICE, RIGHT?

WE HAVE REMOTE WORK OPPORTUNITIES.

WE ALSO HAVE COMPLETELY DIFFERENT IDEAS OF PEOPLE WITH DISABILITIES.

IN 1938, YOU WOULD NOT HAVE SEEN A PERSON LIKE ME RUNNING MY ORGANIZATION BECAUSE I WOULD HAVE NEVER HAD AN OPPORTUNITY TO GO TO SCHOOL AND GET A QUALITY, FREE AND APPROPRIATE PUBLIC EDUCATION.

THE WHOLE LANDSCAPE OF DISABILITY HAS CHANGED SINCE THIS TIME.

AND IN THE STATUTE THAT AUTHORIZES THIS PROGRAM, IT ACTUALLY HAS A CLAUSE THAT SAYS, IT ONLY NEEDS TO STAY IN PLACE WHILE IT'S NECESSARY.

AND WE WOULD ARGUE IT IS NO LONGER NECESSARY NOR RIGHT TO PAY PEOPLE WITH DISABILITIES LESS THAN MINIMUM WAGE.

ALI: AND WE SHOULD LEVEL SET HERE, WHAT TYPES OF INDUSTRIES AND EMPLOYERS HAVE USED THIS PROGRAM?

WHAT TYPE OF WORK IS THIS PROGRAM MEANT TO INCENTIVIZE?

MARIA: THAT'S A GREAT QUESTION.

THINGS LIKE SORTING DOCUMENTS, PAPER SHREDDING, CLEANING OF BUILDINGS.

YOU SEE A LOT OF COMPANIES THAT PRIMARILY HIRE PEOPLE WITH DISABILITIES DOING MAINTENANCE WORK ON BUILDINGS, LAWN MOWING SERVICES, THINGS LIKE THAT.

ALI: IS THERE ANY CONCERN THAT IF THIS RULE IS CHANGED, THAT PEOPLE MAY SIMPLY STOP EMPLOYING PEOPLE WHO UNTIL THIS POINT THEY'VE BEEN ABLE TO PAY LESS MONEY?

IS THERE A CONCERN THAT PEOPLE MIGHT STOP PUTTING PEOPLE WITH DISABILITIES IN THESE JOBS?

MARIA: THAT IS A CONCERN.

AND A LOT OF THE FAMILIES HAVE THAT CONCERN AND ARE VERY VOCAL WITH THAT CONCERN.

AND IT IS UNDERSTANDABLE FOR MANY PEOPLE WHO WHO HAVE WORKED IN THESE JOBS, THEY'VE ACTUALLY BEEN IN THESE JOBS FOR DECADES.

AND FOR A LOT OF FAMILIES, THIS WAS AN ALTERNATIVE TO INSTITUTIONALIZING THEIR LOVED ONE.

SO IT WAS A GOOD THING IN MAYBE THE 1970'S OR THE 1980'S BEFORE WE HAD THINGS LIKE THE AMERICANS WITH DISABILITIES ACT OR THE OLMSTEAD DECISION.

BUT RESEARCH CONSISTENTLY SHOWS THAT THAT FEAR IS NOT BASED IN REALITY.

A NEW STUDY FROM NORTHWESTERN UNIVERSITY EXAMINED PHASE OUTS OF SAID MINIMUM WAGE THAT HAVE HAPPENED ACROSS THE COUNTRY.

AND THERE ARE A NUMBER OF STATES THAT HAVE ALREADY PHASED OUT THIS PROGRAM.

AND WHAT THAT STUDY FOUND IS THAT EMPLOYMENT ACTUALLY IMPROVES FOR PEOPLE WITH DISABILITIES ONCE THE SUB MINIMUM WAGE IS PHASED OUT.

NOT ONLY DOES IT IMPROVE, IT ACTUALLY OPENS UP HIGH WAGE JOBS FOR DISABLED PEOPLE.

ALI: THIS PROPOSAL IS COMING AT THE END OF THE BIDEN ADMINISTRATION, THE BEGINNING OF THE TRUMP ONE.

SOME ALLIES OF MR. TRUMP HAVE SAID THAT THEY WOULD PREFER THAT THIS RULE STAY AS IT IS.

WHERE DO YOU THINK THIS ENDS UP?

MARIA: WELL, YOU KNOW, ULTIMATELY, AFTER THE PUBLIC COMMENT PERIOD CONCLUDES, IT WILL BE UP TO THE TRUMP ADMINISTRATION TO DETERMINE WHETHER OR NOT THEY FINALIZE THIS RULE AND WHAT IS INCLUDED IN THAT FINALIZATION.

SO THEY THEY COULD DO NOTHING WITH IT.

OR THEY COULD DECIDE TO FINALIZE IT.

AND IF THEY DO THAT, THEY CAN MAKE A NUMBER OF CHANGES WITHIN THE RULE.

AND IT IS REALLY UP TO US, THE DISABILITY COMMUNITY, TO MAKE SURE THAT THE TRUMP ADMINISTRATION DOES THE RIGHT THING AND ENDS THIS DISCRIMINATORY PROGRAM.

ALI: MARIA TOWN, PRESIDENT AND CEO OF THE AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES, THANK YOU SO MUCH FOR JOINING US.

MARIA: THANK YOU.