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Competitive Employment [Education]: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
Competitive employment refers to work performed in the open labor market where individuals are compensated fairly, typically at or above the minimum wage. This employment can be full-time or part-time and occurs in integrated settings, meaning that individuals with and without disabilities work together. The key aspect is that individuals in competitive employment receive wages and benefits comparable to those of employees without disabilities performing similar tasks.
Table of content
Legal Use & context
The term competitive employment is primarily used in the context of vocational rehabilitation and disability rights. It is relevant in legal areas such as employment law, disability law, and rehabilitation services. Understanding this term is essential for individuals seeking support through vocational rehabilitation programs, as it defines the type of employment that these programs aim to facilitate. Users can manage their employment-related needs using legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person with a disability works as a customer service representative at a retail store alongside other employees. They earn a wage that is equal to or higher than the minimum wage and receive the same benefits as their coworkers.
Example 2: A person with a disability is employed part-time as a data entry clerk in a mixed office environment, earning a salary comparable to their non-disabled peers. (hypothetical example)
Relevant laws & statutes
Competitive employment is defined under the Rehabilitation Act of 1973, specifically in regulations outlined in 34 CFR 361.5(b)(11). This law emphasizes the importance of providing individuals with disabilities access to work opportunities that are equitable and integrated into the community.
State-by-state differences
State
Notes
California
Offers additional support services for individuals seeking competitive employment through state-funded programs.
Texas
Has specific initiatives aimed at increasing competitive employment opportunities for individuals with disabilities.
New York
Provides various resources and incentives for businesses to hire individuals with disabilities.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Supported Employment
Employment for individuals with disabilities that includes ongoing support services.
Competitive employment does not necessarily include ongoing support; it focuses on integration and comparable compensation.
Subminimum Wage Employment
Work where individuals earn less than the minimum wage.
Competitive employment requires compensation at or above the minimum wage.
Common misunderstandings
What to do if this term applies to you
If you are seeking competitive employment or need assistance navigating the job market, consider the following steps:
Explore vocational rehabilitation services available in your state.
Utilize resources and legal forms from US Legal Forms to understand your rights and options.
If you face challenges in obtaining competitive employment, consider consulting with a legal professional for personalized advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.