Read Me First - University of Phoenix



Weekly Overview

Week Two

Overview

Ageism (as a parallel to racism) is defined as the prejudicial treatment of older adults based on stereotypes and misconceptions (Singh, 2010). Aging in today’s society is generally viewed in a negative light. There are many myths and misunderstandings about aging. When society promotes and glorifies youth, aging and the aged are devalued. There are many stereotypes and erroneous views of how older adults live, their abilities, their desires, and the aging process. Ageism is a social attitude. It is a way of stereotyping older people, just as people of particular races are stereotyped as being smart, industrious, thrifty, lazy, or easy going, or when men are stereotyped as strong and women as nurturing. Ageism can occur among family members, in the workplace, in our language, in the press or media, in the development of governmental systems, and in many other settings and situations. Ageism is sometimes reflected by the extent to which older adults are visible to society. Our society can make older adults feel unwelcome, marginalizes them, and forces them to become invisible. Older adults in institutional care have become almost completely invisible to the rest of society. Fortunately, there are federal and state laws and regulations that have been implemented to protect the older adult population against unfair treatment in many areas. Yet, the challenge of overcoming ageism remains.

What you will cover

1. Civil Law

a. Explain major legislation that governs hiring and employment of older adults.

1) Equal Pay Act of 1963: Employees are required to receive equal pay for equal work regardless of gender.

2) Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on basis of color, race, religion, sex, or national origin.

a) This act created the Equal Employment Opportunity Commission (EEOC) that enforces the provisions of various antidiscrimination laws.

b) Conducts investigations when complaints of discrimination are rendered.

3) Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against people who are disabled in terms of access and right to employment.

a) ADA protects current and recovering alcoholics as well as past drug abusers; it does not protect those currently abusing drugs.

b) ADA requires employers to make reasonable accommodations for disabled individuals unless the accommodation presents undue hardship.

1) Altering physical facilities or work environments, handicap accessibility

2) Altering work procedures or processes

4) Age Discrimination in Employment Act (ADEA) of 1967 prohibits discrimination for people over the age of 40.

a) Administered by the EEOC, the law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

b) Employers with 15 or more employees who work 20 or more weeks per year, labor unions, and employment agencies are covered under this act.

c) Victims of age discrimination in employment can file lawsuits under the provision of ADEA 1967.

b. Determine instances of age discrimination.

1) Ageism—prejudicial treatment of older adults based on stereotypes

a) Myths and distorted views about aging exist that encourage stereotyping in aging and discrimination against older adults.

b) Ageism can occur among individuals, employers, service organizations, health care systems, education, etc.

a) Age is a poor indicator of health, vigor, and ability; everyone does not age the same.

b) Sensory decline—vision, hearing, smell, and taste—occurs with age but does not limit the majority of older adults in their abilities.

c) Dementia and other memory-related problems do not affect all aging people.

1) Only 5% of older adults have dementia.

2) Older people generally have their long-term memory intact.

d) Older adults can adapt to change and learn many new things and skills.

e) Most older adults maintain active, healthy, and full lives.

2) The Fair Housing Act of 1968—Prohibits discrimination on the basis of race or color, religion, national origin, familial status, or age

a) Age discrimination and housing

1) Refusal to lease or sell on basis of age

2) Substandard living facilities and conditions

b) Age discrimination, employment policies, and practices

1) Mandatory retirement age, not based on competence or work ability

a) Organizations may enhance or sweeten retirement packages to encourage retirement

2) Recruitment

a) Prejudice within the interviewing process, elimination of election because of age

3) Training

a) Universal and lifelong

b) Currently only 7% of older workers receive any government training

4) Prejudice in promotions

a) Age discrimination and harassment

1) Harassment and age discrimination can include offensive remarks about a person's age, teasing, and offhand comments.

2) Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision.

b) Transportation

1) Removal of driving rights because of age versus driving ability

c) Financial

1) Refusal to allow for credit or loan applications and approval

d) Provision of health care services

1) Using fewer resources on the very old and those with disabilities

2) Assuming that illness and decline are a natural part of aging

e) Education

1) Myths that older adults cannot learn new skills or attain new knowledge

2) Limiting or denying access to learning environments

f) Media and press

1) The media and press portray aging in a negative light, referring to older adults as “elderly” or “old people,” and glorify youth and devalue aging.

2) Promotions of stereotypes and myths: All older adults are frail and need help, older adults are poor drivers, etc.

c. Analyze Elder Law Services

1) Elder Law Services is a growing law specialty that focuses on the needs of older adults and their families through the provision of many services. As the older adult population continues to grow, this will be a field in increasing demand.

a) Estate planning: One of the most important steps any person can take to make sure that their final property and health care wishes are honored and that loved ones are provided for in their absence is the determination of final wishes, as well as the assignment of property and assets to loved ones, friends, or other designees.

b) Medicaid and financial planning: Assisting people through the health care maze to ensure proper coverage and benefit by providing direction for financial assets is in the best interest of the consumer.

c) Veteran Benefit Aide and Attendance: Assistance is available to veterans who served at least 90 days, with at least one day during wartime.

d) Protection from abuse: Physical, emotional, and financial protection can happen through reporting abuse to appropriate entities and advocating on behalf of older adults.

e) Guardianships: Elder Law attorneys may serve as guardians for appropriate consumers as assigned by the courts.

f) Power of attorney: POA provides education on the process and completion of necessary paperwork and legal filings.

g) Health care proxy: A health care proxy is a document that allows a patient to appoint an agent to make health care decisions in the event that the primary individual is incapable of executing such decisions. After the document is drafted, the primary individual continues to be allowed to make health care decisions as long as they are still competent to do so. Health care proxies are permitted in 49 states and the District of Columbia.

h) Probate issues: The legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will.

i) Guidance on discharge planning: This type of guidance can help older adults and their families with home planning and support services after discharge from a hospital, nursing home, or other care facility.

j) Nursing home or other long-term care facility placement guidance: This guidance can help patients and their families through the selection and placement process in a long-term care facility.

k) Mental health assessments: These assessments can help with determining legal competence or incompetence.

l) Counseling: Counseling can help families work through issues related to aging and those that affect the older adult or their family.

m) Advocacy: Providing advocacy and support is important in all issues that protect the need and rights of the older adult.

Discussion prompts

1. SELECT ONE MAJOR LEGISLATIVE ACT GOVERNING HIRING AND EMPLOYMENT PRACTICES OF OLDER ADULTS. WHAT ARE ITS OBJECTIVES AND ROLE IN SUPPORTING AGING ADULTS?

2. What positions do older adults hold in your current workplace? What assumptions are made about older adults in the workplace?

3. What do you think is the most essential or important service of Elder Law Services for the aging adult? Explain why.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download