Can My Employer Decrease My Pay Because of Disabilities?

If you are considered a “qualified individual with a disability”, your employer can in absolutely no way attempt to make up the cost of providing any reasonable accommodation for you by decreasing your rate of pay or by paying you less than any other employee in a similar position.

Qualified Individuals With Disabilities

• If you have a disability but are still able to perform the functions required of, and meet or excel the skills or experience level needed for an employment position to which you are seeking, you are a qualified individual with a disability.
• You are also considered qualified if you can perform the essential functions of the tasks required by your employment with or without any reasonable accommodation.
• If the functions of the job have been printed as a written job description in advance or interviewing applicants, though not conclusive, this will be considered evidence of the essential functions of the job. 

Special Minimum Wages and Prevailing Wages 

The Wage and Hour Division allows for employers with special certification from the Division to pay "special minimum wages" (wages below what the federally set minimum wage would normally require) to employees with disabilities inhibiting their performance of the work they are doing. If an employee’s production and/or efficiency are impaired by any disability, they fall under this ruling and may receive less than the federal minimum wage for their duties. The disability itself, however, does not automatically warrant paying these special wages. It must first be proven that the employee’s disability has a direct affect on their performance of the duties assigned.

A prevailing wage is the amount of money paid to experienced workers without disabilities that perform the same type of work in the vicinity as people with disabilities who are paid a special minimum wage. Any employer that pays a disabled employee a special minimum wage has to be able to show that the prevailing wage paid to employees without disabilities has been determined fairly. This is typically the result of different surveys performed by the employer. The prevailing wage is never allowed to be less than the applicable minimum wage. 

The Americans With Disabilities Act (ADA) 

This act, implemented in 1990, deems it against the law to discriminate against any qualified individual with a disability by barring the individual’s employment because of the disability itself. Also, it makes the act of discrimination against individuals with disabilities unlawful in State and local government services, transportation and telecommunications. The ADA is enforced by the Equal Employment Opportunities Commission, through State and local agencies which support and work with the commission.   

Get Legal Advice

If you believe your employer is unfairly discriminating against you in any way, including with wages, as a result of your disability, you must speak with an experienced employment law attorney. Your attorney can assist you in taking the steps necessary to rectify the problem, up to and including filing a lawsuit against your employer or notifying the Equal Opportunity Employment Commission or the Department of Labor.