Elder Law Prof Blog

UN celebrates disabilty rights convention - in force on May 3

The UN is celebrating the coming into force of the Convention on the Rights of Persons with Disabilities (CRPD) - a landmark agreement that aims to give the world's 650m disabled people full equality.  Adopted in 2006, and opened for signature in March last year it took effect on 3 May a month after the 20th nation ratified it - in this case Ecuador.  This is fast, officials say, reflecting the commitment of some nations to the treaty's goals, as well as pressure from the disability lobby.  It is estimated that about 10% of the world's population lives with some sort of disability - making disabled people the world's largest minority.  This figure is likely to increase as a result of medical advances and the world's ageing population, according to the World Health Organisation.  Disabled people experience a number of social, cultural and economic barriers which the convention aims to address.  For example, the World Bank estimates that 20% of the poorest people on the planet have a disability.  Disabled women are said to be "multiply disadvantaged" because they experience exclusion on account of their gender and their impairment.  In some countries, disabled child mortality is as high as 80% even when the general level of mortality for the under fives has dropped below 20%.  And almost one in five of less educated people has a disability compared with just over one in 10 of those who are better educated.

The CRPD guarantees disabled people:

• The right to make their own decisions
• The right to say No to being placed in an institution
• The right to say No to medical or psychological treatment
• The right to live in the community
• The removal of barriers to participation in daily life
• Equal opportunities for all

22 nations have ratified the treaty. The US is not among them.

Source:  BBC

Profs. Doron and Mewhinney publish collection of international documents relating to rights of the elderly

Received from Dr. Israel Doron, Haifa University:

It is with great pleasure that I am letting you know that a new book, which I and Prof. Kate Mewhinney have edited, has just been published.

"The Rights of Older Persons:  A Collection of International Documents".

The book (published by a collaboration of:  IFA – International Federation on Aging;  AGE Concern UK;  ILC India;  and JDC-ESHEL in Israel) provides a unique collection of all the main, important international documents relating, at the international level, to the status of the aged and the phenomenon of ageing.  For the first time, readers, the aged and professionals all over the world can obtain a comprehensive picture of the worldwide activities in the field of international law and ageing.

The link for further details and for purchasing is the following:

http://www.ifa-fiv.org/en/accueil1.aspx?sortcode=2.7&id_article=473&starting=1&ending=50

I believe this book could be very helpful for anyone in the field of elder law get an international-comparative perspective on the international documents relating to older persons. 

Supremes deny cert. in AARP-EEOC health benefits case

The Supreme Court on Monday gave employers a green light to reduce health benefits for millions of retirees who turn 65 and become eligible for Medicare. The justices turned away a legal challenge from AARP, the nation's leading senior citizens lobby, which had contended these lower benefits for older retirees violated the federal law against age discrimination.  The court's action upholds, in effect, a rule adopted last year by federal regulators that says the "coordination of retiree health benefits with Medicare" is exempt from the anti-age-bias law.  Advocates for companies and labor unions openly disagreed with AARP and applauded the outcome. They said this compromise rule will encourage employers to maintain health coverage for their retirees. Otherwise, employers might drop all benefits for their former employees, they said.  They said it will prove especially helpful to those younger retirees who were offered continued healthcare when they left full-time work.

Source:  LA Times, http://www.latimes.com/news/printedition/asection/la-na-scotus25mar25,1,5568623.story

The last acceptable -ism--ageist jokes are still ok, it seems

Excerpted from the New York Times:

In a campaign hypersensitive about race and gender, jokes that play on crude racial and sexual stereotypes may be muted. But not codger jokes. Comics have gone to town on Senator John McCain, who clinched the Republican nomination last week and, at 71, would be the oldest candidate ever elected to a first term in the White House. (They recently got an even older target, Ralph Nader, the independent, 74.)

It is safe to say that not since 1996 — when the Republicans nominated Bob Dole, then 73, with his squarer-than-square persona and mortifying stage stumbles to match — have geezer jokes found such a cozy home in presidential politics.

Mr. Leno and his counterparts have been merciless with Mr. McCain, peppering their monologues with digs about dementia, pills, prostates and Miracle Ears. In a nightly schtick, David Letterman compares Mr. McCain to “the old guy at the barbershop,” “a mall-walker,” “a Wal-Mart greeter” and more. Conan O’Brien said recently: “After John McCain swept yesterday’s primaries, he purposely stole a line Barack Obama’s been using, ‘I’m fired up and ready to go.’ When Obama heard this, he stole a line McCain’s been using, ‘I’m old and not sure where I am.’ ” (Things get a lot nastier on the Web, for all the candidates.)

More at http://www.nytimes.com/2008/03/09/weekinreview/09bosman.html

Symposium issue on voting rights and cognitive impairment is now onl-line

The McGeorge School of Law has put the entire special Symposium Issue on "Facilitating Voting as People Age: Implications of Cognitive Impairment" on its web site at: http://www.mcgeorge.edu/x762.xml

At that page, scroll down to Issue 38, Number 4.

Thanks to Charlie Sabatino/elderbar listserv.

GAO reports on problems facing elderly voters

Ensuring that older voters or other individuals with disabilities successfully cast their votes in an election requires that policymakers think broadly about access. This includes access with respect to transportation, polling places, voting equipment, and alternative voting methods. During the 2000 election, most polling places we inspected had one or more potential impediments that might prevent older voters and voters with disabilities from reaching voting rooms, although curbside voting accommodations were often made available. Additionally, our 2000 review of state provisions and practices related to accessible voting systems and accommodations in the voting room revealed that provisions to accommodate individuals with disabilities varied from state to state and may vary widely in their implementation. A 2004 GAO report also found transportation gaps in meeting the needs of seniors, which may create a barrier to voting for many elderly voters, and a lack of data on the extent of unmet needs.

Since the passage of HAVA and the subsequent 2004 election, we have identified a number of reported efforts taken to improve voting access for people with disabilities. In particular, our 2006 report on election systems shows a marked increase in state provisions addressing the accessibility of polling places, voting systems, and alternative voting methods. However, the degree of change in accessibility is difficult to determine, in part because thousands of jurisdictions have primary responsibility for managing elections and ensuring an accurate vote count, and the complexity of the election system does not ensure that these provisions and reported practices are reflective of what occurs at polling places on election day.

Understanding and addressing accessibility gaps represent enormous tasks for state and local election officials who are challenged by the multiplicity of responsibilities and requirements they must attend to within resource constraints. At the same time, as the population ages and the percentage of voters with disabilities expands, the expectation of accommodation and assistance to participate in this basic civic exercise will grow, making accessibility a key performance goal for our election community.

http://www.gao.gov/new.items/d08442t.pdf?source=ra

Voter i.d. requirement will disenfranchise elderly

Poor, black and elderly people tend to be less likely than others to have the photo identification required to vote in Indiana, opponents of the law said yesterday, citing a survey of prospective voters. Democrats, too, are less likely to have the right ID, said the foes who filed a legal brief in an effort to convince the Supreme Courtt hat the law is unfair and should be overturned. The court will hear arguments in the case early next year, in the middle of the 2008 election campaign.  The state has defended the law as a way to combat vote fraud. Opponents say it unfairly targets poor and minority voters, without any evidence that voter cheating is a problem in Indiana.  "The alleged ill that this is out to correct doesn't really exist," said Justin Levitt, counsel for the Brennan Center for Justice at the NYU School of Law, which filed a brief arguing against the law. "There's no real justification for putting these people through this."

Source:  Louisville Courier-Journal/AP  http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20071114/NEWS02/711140855

Discrimination suits by family caregivers on the rise

As the number of employees with elder and child care demands grows, more workers are filing lawsuits claiming they've been discriminated against on the job because of their family caregiving obligations.  The federal Equal Employment Opportunity Commission (EEOC), which recently issued its first guidance for employers about the issue, reports an "upsurge" in cases — with many resulting in awards to plaintiffs. The guidance provides examples of how bias can occur so that employers are aware of the risk.  The type of discrimination is growing so fast, it's been dubbed "family responsibilities discrimination." The Center for WorkLife Law at the University of California, which tracks these lawsuits, says such cases have risen by 400% in the last decade.  This is on employers' radar screens," says James Matthews, a Philadelphia-based employment lawyer. "Law firms are really talking to their clients about it."  Cases usually involve an employee who must care for a child, elderly parent or disabled spouse. The employee may claim that he or she was retaliated against, not hired or discriminated against by an employer because of his or her caregiving responsibilities.

Source/more:  USA Today, http://www.usatoday.com/money/workplace/2007-10-24-caregivers-work-discrimination_N.htm

Mega firm Sidley & Austin settles age disco suit

The international law firm of Sidley Austin LLP has agreed to pay $27.5 million to 32 former partners who the U.S. Equal Employment Opportunity Commission (EEOC) alleged were forced out of the partnership because of their age, under settlement approved by a federal judge.  The EEOC brought the suit in 2005 under the federal Age Discrimination in Employment Act (ADEA). A major issue in the case was whether partners in the law firm were protected as employees under the ADEA. The settlement provides that "Sidley agrees that each person for whom EEOC has sought relief in this matter was an employee with the meaning of the ADEA."  The settlement also includes an injunction that bars the law firm from "terminating, expelling, retiring, reducing the compensation of or otherwise adversely changing the partnership status of a partner because of age" or "maintaining any formal or informal policy or practice requiring retirement as a partner or requiring permission to continue as a partner once the partner has reached a certain age."  "This case has been closely followed by the legal community as well as by professional services providers generally," says Ronald S. Cooper, general counsel of the EEOC. "It shows that EEOC will not shrink from pursuing meritorious claims of employment discrimination wherever they are found. Neither the relative status of the protected group members nor the resources and sophistication of the employer were dispositive here."  The $27.5 million will be paid to 32 former partners of the firm for whom the EEOC sought relief because they either were expelled from the partnership in connection with an October 1999 reorganization or retired under the firm's retirement policy.

Source/more:  HR.BLR.com, http://hr.blr.com/news.aspx?id=77249

Elderly gays and lesbians face prejudice in their twilight years

Elderly gay people living in nursing homes or assisted-living centers or receiving home care, increasingly report that they have been disrespected, shunned or mistreated in ways that range from hurtful to deadly, even leading some to commit suicide.  Some have seen their partners and friends insulted or isolated. Others live in fear of the day when they are dependent on strangers for the most personal care. That dread alone can be damaging, physically and emotionally, say geriatric doctors, psychiatrists, and social workers.  The plight of the gay elderly has been taken up by a generation of gay men and lesbians, concerned about their own futures, who have begun a national drive to educate care providers about the social isolation, even outright discrimination, that lesbian, gay, bisexual and transgender clients face.  Several solutions are emerging. In Boston, New York, Chicago, Atlanta and other urban centers, so-called L.G.B.T. Aging Projects are springing up, to train long-term care providers. At the same time, there is a move to separate care, with the comfort of the familiar.

Read  more in the New York Times:  http://www.nytimes.com/2007/10/09/us/09aged.html?ex=1192593600&en=31488165b0295b95&ei=5070&emc=eta1

Thanks to Allison Crandall for the tip....

RWJF call for proposals

Due Date:  Sept 28, 2007

Area:  Quality/Equality        

Purpose:  Through this special solicitation, we are seeking proposals for projects that will improve our understanding of how to measure equity and patient-centered care and the role of both in promoting quality. For the three topic areas below, approximately $3 million will be available starting in 2008. Grants between $100,000 to $300,000, depending on the topic, will be available for policy relevant research grants.

Three topics have been identified to address specific knowledge gaps needed to advance our regional quality strategy:

• Topic 1—Performance Measurement
• Topic 2—Patients' Experience with Care and Survey Instruments
• Topic 3—Shared Decision-making and Diverse Populations

More info:  http://www.rwjf.org/applications/solicited/cfp.jsp?ID=19921
                                    

Honor dementia caregivers this Labor Day

According to the United States government Labor Day, celebrates the contributions workers have made to the strength, prosperity, and well-being of America. Dementia caregivers certainly meet these criteria.

Because over 5 million Americans have been diagnosed with dementia, there are approximately 10 million caregivers attending to them. This is a hard job that they did not sign up for but was thrust upon them. Honor them this Labor Day for all the difficult work they do.

The first reason to honor a caregiver is for the financial burden they incur when caring for a person with dementia. First the family has consulted an Elder law attorney to get all the finances in order. Most likely the caregiver had to cut back on the hours of paid employment. Despite using all the resources out there, all expenses for the care of a dementia person will not be covered. That means go without, or pay for necessary items out of pocket.

The second reason to pay tribute to ones caring for someone with dementia is their resourcefulness. Caregivers are good at coming up with unique strategies for managing and paying for the supervision of their loved one. They may get help from attending a support group in person or online. However, they are the ones ultimately responsible for a workable plan of care.

Third is recognizing that many perform physically demanding aspects of a dementia persons' care. Many do the bathing, feeding and toileting of their family member with dementia. These tasks are difficult because many with dementia are confused and combative.

Next, these caregivers should be honored for all the time they devote to all aspects of a dementia persons' life. As just mentioned, most caregivers are responsible for the physical aspects of care. But they also must engage their loved ones in meaningful activities throughout the day and sometimes well into the night. Fortunately many take advantage of adult day care to ease the burden. Unfortunately some dementia folks refuse to participate in or have behaviors that preclude them from attending these worthwhile programs.

The fifth reason for honoring those caring for a dementia person is all the time they devote to this job. The caregiver is most likely responsible for everything from cleaning to cooking to shopping to yard work. The list seems endless. These tasks are even more difficult because while the caregiver is doing them, he must also keep the dementia person safe.

According to a report published by the national Alzheimer's Association, ten million caregivers provided 83 billion dollars worth of care in 2005.So this Labor Day while you are relaxing or celebrating the end of summer, think about those 10 million dementia caregivers and all the under appreciated hard work they do, everyday, seven days a week, sometimes 24 hours a day. If you know someone with this challenging task, call them, thank them and offer a helping hand.

Source:  Health News Stat, http://www.healthnews-stat.com/?id=851&keys=Alzheimers-disease-dementia-Labor-Day

And don't forget that the  Supreme Court of the United States has likened dementia caregivers to teenaged babysitters, and said they are not protected by federal labor laws...

Britain's High Court upholds limits on treatment for Alzheimer's disease

Campaigners and drug makers failed last week in their High Court bid to overturn guidance recommending only limited coverage on the NHS of drugs to treat Alzheimer's disease. This was the first major legal challenge to guidance issued by the National Institute for Health and Clinical Excellence (NICE), the body that recommends which drugs are available on the NHS in England and Wales.
Mrs Justice Dobbs ordered NICE to amend the existing guidance, having ruled that its diagnostic criteria breached the Disability Discrimination Act and the Race Relations Act. NICE undertook to make the relevant changes within 28 days—but the core of the guidance will remain unchanged. The guidance recommends against the use of donepezil (Aricept), rivastigmine (Exelon), and galantamine (Reminyl) in patients with mild to moderate Alzheimer's disease and against the use of memantine (Ebixa) in moderately severe to severe disease.

Source:  High Court upholds NICE (National Institute for Health and Clinical  Excellence) decision to limit treatments for Alzheimer's disease," by Owen  Dyer (Vol. 335, No. 7615, Aug. 18, 2007, p. 319).

http://www.bmj.com/cgi/content/extract/335/7615/319

NSW seniors face driving restrictions

Tougher licence restrictions for elderly drivers have been proposed in a NSW Roads and Traffic Authority discussion paper.  About 88,000 licensed drivers in NSW are over the age of 80, with the number expected to grow over the next 30 years, the RTA says.  The authority's paper says dementia and vision problems are likely to be the most significant health issues affecting older drivers.  The current system requires annual medical tests for all NSW drivers once they turn 80 and annual driving tests for car and rider licence holders from age 85.  Annual driving tests for heavy vehicle drivers kick in at age 80.

Source/more:  The Age, http://www.theage.com.au/news/National/Elderly-NSW-drivers-face-restrictions/2007/07/20/1184560022712.html

Meanwhile, a RAND Corp. study of US traffic accidents showed that the elderly are much safter drivers than those in the 15-24 age group, see http://www.rand.org/news/press.07/07.18.html

London lawyer will test new age disco law

One of the first high-profile legal claims under new age discrimination laws is due to be heard at an employment tribunal in London this morning .  The case is being brought by Peter Bloxham, a former insolvency partner at Freshfields Bruckhaus Deringer, one of the biggest City law firms. Mr Bloxham's claim is believed to focus on alleged unfairness stemming from changes to the firm's pension arrangements, although details have not been disclosed publicly.  Unless the dispute is settled at the last minute, this will be the first "ageism" case involving a senior City employee to go to trial since laws banning discrimination on age grounds came into force in October.  Under the new rules, employers cannot specify age when recruiting, promoting or training staff, and compulsory retirement on age grounds is barred for workers under 65. Employers must also consider requests to work beyond 65, but may enforce retirement without giving reasons.  Although Mr Bloxham's case is one of the first to reach the hearing stage, numerous other age discrimination-related claims are waiting in the wings. 

More in the Financial Times, http://www.ft.com/cms/s/85178110-2df3-11dc-821c-0000779fd2ac.html

In celebration of Pride Week, Toronto nursing home raises the rainbow flag

Toronto Homes for the Aged raised the rainbow flag at Fudger House for the third year in a row, to celebrate the diversity of all residents who call Fudger House home. The Home has gained international acclaim for being one of the first long-term care homes in North America to offer a gay-positive environment.    The Honourable George Smitherman, Minister of Health and Long-Term Care, joined this year's Pride Parade's Grand Marshal, Russell Alldread (a.k.a. Michelle DuBarry), residents, staff, family members and community partners to celebrate both Pride Week and the steps Toronto Homes for the Aged is taking to make its homes welcoming to all of Toronto's residents. The celebration will continue into Sunday, when the Home takes part in the Pride Parade. "Fudger House serves a very diverse community, and is committed to making sure that all members of the community have access to quality long-term care, and they are proud to have built such strong community partnerships to make sure this commitment continues," said Minister Smitherman. "I look forward to the day when all long-term care homes in Ontario are promoting a gay-positive environment."

Source:  CNW Telbec, http://www.cnw.ca/fr/releases/archive/June2007/22/c8271.html

Hey Josefina  Carbonel--which Pride parade will you be marching in this year?

CRS Report on Section 504

RL34041
Section 504 of the Rehabilitation Act of 1973: Prohibiting Discrimination Against Individuals with Disabilities in Programs or Activities Receiving Federal Assistance

June 13, 2007

Summary: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against an otherwise qualified individual with a disability solely by reason of disability in any program or activity receiving federal financial assistance or under any program or activity conducted by an executive agency or the U.S. Postal Service. Section 504 was the first federal civil rights law generally prohibiting discrimination against individuals with disabilities. This report examines Section 504, its regulations, and Supreme Court interpretations. Emphasis is placed on its differences from the ADA, and on its relationship to the Individuals with Disabilities Education Act (IDEA). It will be updated as necessary.

Get report via OpenCRS.

 

ADA Watch opposes Southwick for federal judge...

Here's an excerpt from the group's letter to Leahy and Specter:

"We are writing to express our strong opposition to the nomination of Judge Leslie Southwick to the U.S. Court of Appeals for the Fifth Circuit. A large portion of Judge Southwick’s record remains unexamined, as he has failed to provide to the Senate Judiciary Committee the unpublished opinions he joined     while serving more than a decade on the Mississippi  [Supreme Court]. The record he has produced reflects a harsh insensitivity to the politically powerless, a serious hostility to plaintiffs in employment cases, and an acceptance of the radical theory of “the Constitution in Exile,” which could undercut the ability of the Federal government to use regulations to protect the rights of people with disabilities. From his past decisions and academic writings, we do not believe that Judge Southwick will adequately provide equal justice under the law or fairly interpret federal statutory protections for people with disabilities. He should not be confirmed to a lifetime appointment on a court that regularly decides crucial issues of federal law.

 

Supreme Court says women not worth $5.85/hour

The nation's home healthcare aides are not entitled to minimum wages or overtime pay under federal law, even if they work for private employers, the Supreme Court ruled Monday.  The 9-0 decision, which keeps in place a long-standing rule that denies minimum wages and overtime pay to those who provide "companionship services" at home, could trigger a move in Congress to amend the law.  With an estimated 1 million workers assisting the elderly and the disabled in their homes, unions and civil rights groups had urged the justices to scrap the rule; they say it deprives many of the nation's lowest-paid workers of a living wage.   They say a large percentage of these aides are women and minorities who often work all-night shifts. Yet, under federal labor law, they are viewed the same as part-time baby sitters.   A U.S. appeals court in New York had ruled that the minimum-wage law applied to those home-care workers who are employed by a private company or a public agency. If it had been upheld, this decision would have given overtime pay and minimum wages to the vast majority of the nation's home-care workers.  But the Supreme Court overturned the decision and said, in essence, that it is up to Congress to change the law. The Fair Labor Standards Act was first enacted in 1938, and is enforced through regulations set by the Labor Department.  The decision is "another blow to struggling, low-wage women," said Nancy Duff Campbell, co-president of the National Women's Law Center. It means "profit-making companies can legally choose to pay home-care workers deplorably low wages or deny them just compensation for overtime."

Read more in  the LA Times,  http://www.latimes.com/news/printedition/asection/la-na-scotus12jun12,1,7075956.story?coll=la-news-a_section&ctrack=1&cset=true

As Dick Kaplan says, "Long term care is a feminist issue."  Write your  Congressperson and demand fair wages for those who care foir the aged and disabled. 

Saskatchewan ends most mandatory retiirement

Forcible retirement at age 65 will soon be eliminated in most workplaces in Saskatchewan. An amendment to the Saskatchewan Human Rights Code received royal assent on Thursday and goes into effect on Nov. 17. Currently, companies under provincial jurisdiction can require employees to retire at 65 without violating the code. With the change, mandatory retirement will be considered discriminatory. Saskatchewan Justice Minister Frank Quennell said the law recognizes that older workers have experience and expertise, and can make meaningful contributions to the economy. Saskatchewan joins Alberta, Manitoba, Ontario, Prince Edward Island, Yukon, the Northwest Territories and Nunavut, where mandatory retirement at 65 is discriminatory under local human rights legislation. Despite the amendment, the Saskatchewan law has exemptions so that mandatory retirement is allowed in jobs such as police work and firefighting in which physical ability is required.

Source:  CBC News, http://www.cbc.ca/canada/saskatchewan/story/2007/05/18/mandatory-retirement.html

Smoking ban annoys seniors

There is little sympathy from Premier Dalton McGuinty for Ontario smokers forced out into the cold from their long-term care and nursing homes.  One senior has already died after taking a smoking break outside his long-term care home on Manitoulin Island in below-freezing temperatures. The tobacco-industry sponsored group MyChoice.ca says many seniors have been forced outside in dangerous, icy conditions since the provincewide smoking ban became law last June.  McGuinty says he understands that some long-term care facilities don't have the money to build specially ventilated rooms for smokers.  He says the government had to make some tough choices with its smoking ban, and one of those was to protect workers at nursing homes from second-hand smoke.  Health Minister George Smitherman says the smoking ban also protects the vast majority of seniors living in care who do not smoke.

Source:  Canada.com

Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities was opened for signature at the U.N. on March 30, 2007.    It is found at http://www.un.org/esa/socdev/enable/conventioninfo.htm, along with FAQs (such as "What is an international convention?"): http://www.un.org/esa/socdev/enable/convinfofaq.htm

Upcoming conference

March 8 – 10, 2007
National Association on HIV over 50 National Conference
Hyatt Regency, Washington DC

Aging & HIV/AIDS in the 21st Century Prevention, Advocacy, Care & Treatment

Info here.

South Korea poised to ban age discrimination in employment

From Channel News Asia, http://www.channelnewsasia.com/stories/afp_asiapacific/view/250819/1/.html

South Korea - faced with a rapidly ageing population - plans a law that will ban companies from discriminating against elderly job-seekers, the labour minister said Friday. Minister Lee Sang-Soo also said the Labour Ministry plans to change its name to the Ministry of Employment and Labour as part of efforts to shift its focus to helping workers find jobs. "In order to help cope with the ageing society, we are pushing for the legislation of a ban on discrimination on grounds of age," the minister said in an interview with Yonhap news agency. A new law to that effect is expected to be in place in the first half of this year, he said. He also said the government will try to persuade firms and labour unions to shift away from considering seniority in setting wages, and take performance into account. Lee said companies are reluctant to hire elderly workers because of the seniority-based wage system.  "The government will also pursue a policy of encouraging firms to extend retirement ages," he said.  The ageing of South Korea's population accelerated in 2005 as the number of old people surged amid a low birth rate, official data showed.  The number of people aged 65 and over rose 29.5 percent from 2000 to 4.4 million in 2005, nearly 13 times the population growth during the same period, the National Statistical Office said.

Kidneys for sale--a million bucks OBO

The 2007 Ann F. Baum Memorial Elder Law Lecture will be presented on Monday, March 5 at 12:30 P.M. in the Auditorium by Dr. Sally L. Satel, resident scholar at the American Enterprise Institute in Washington, D.C. on “When Altruism Isn't Enough: The Worsening Organ Shortage, What It Means for Seniors, and What To Do About It.”

Dr. Satel’s thesis is that organ donors, whether they are living or deceased, should be compensated to increase the supply of transplantable organs available. She will examine the specific issue of renal failure as a major problem affecting older people and how donated kidneys can ensure better outcomes for the affected elderly compared to dialysis. She will also consider implications for Medicare, which funds the very costly end stage renal disease program. Finally, she will evaluate current efforts to restructure the allocation system of donated kidneys that discriminates against older potential recipients on the basis of age.

Saskatchewan becomes fourth province to abolish mandatory retirement

Seniors groups and business people in Saskatchewan welcomed proposed legislation Monday that would do away with mandatory retirement at age 65.

The province hopes the change will help it deal with a growing labour shortage.

"This legislation recognizes that our older citizens can continue to make meaningful contributions in the workforce,'' said Justice Minister Frank Quennell.

"It also recognizes that senior, experienced employees are a valuable resource, especially in work environments where labour shortages are a current or future concern.''

Quebec, Ontario and Manitoba have already done away with mandatory retirement.

Saskatchewan's law would keep the current exemption for jobs such as firefighting, where age could relate to physical abilities.

Read more at CTV.ca. 

GLBT elders actually mentioned in WHCoA report!

The long-awaited Final Report of the 2005 White House Conference on Aging (WHCoA), released by the Administration on Aging, marks a milestone in the fight for the rights of lesbian, gay, bisexual and transgender (LGBT) elders. Months of intensive organizing, including the Task Force-convened Make Room for All diversity summit last December — a counterpoint to the WHCoA — and town hall meetings held around the country have paid off in the explicit inclusion of LGBT elders in the report.

Resolution 34, for example, includes the following implementation strategy: “Expand the definition of minority populations to include — gays, lesbians, bisexuals and transgenders [sic] and seniors with disabilities, and increase federal funding to NIH, CDC, Title 3 and other federal agencies to reduce health disparities and promote health promotion programming for all minority populations.”

“We refuse to sit on the sidelines and watch as the needs of our community go ignored,” said Amber Hollibaugh (pictured), a Task Force senior strategist and the nation’s premier specialist on LGBT aging issues. “Our community’s inclusion in this final report reflects this unwavering principle.”

Source:  National Gay and Lesbian Task Force, http://www.thetaskforce.org/

Widower of gay Congressman won't get pension

When same-sex marriage became legal in Massachusetts, among those who tied the knot were former Rep. Gerry Studds and Dean Hara.  But getting married didn't protect them under federal law: Hara has learned he is not eligible for any portion of Studds' estimated annual $114,337 pension following his partner's death last week. The 1996 federal Defense of Marriage Act blocks the federal government from recognizing the 2004 marriage between Studds and Hara or other same-sex couples.  Studds voted against the act, which was passed July 12, 1996, by a vote of 342-67, according to the House Clerk's office. Gary Buseck, legal director for Gay & Lesbian Advocates & Defenders, said the death of Studds may illuminate an inequity Congress enacted in "an era of fear and trepidation of gay marriage" when it appeared Hawaii might allow same-sex marriage.

"This is maybe a moment of education for Congress," he said. "Now they have a death in the congressional family of one of their distinguished members whose spouse is being treated differently than any of their spouses."  Peter Graves, a spokesman for U.S. Office of Personnel Management, which administers the congressional pension program, said same-sex partners are not recognized as spouses for any marriage-related benefits.He said Studds is the first case of its kind as far as the office could determine. "Our office could not think of a similar situation having occurred," he said.

Source:  CNN.com

Did you know: Judicial Determination of Capacity of Older Adults in Guardianship Proceedings

Judicial Determination of Capacity of Older Adults in Guardianship Proceedings

American Bar Association Commission on Law and Aging,

   

American Psychological Association, and National College of Probate Judges A comprehensive assessment of capacity for guardianship proceedings requires collecting information on six factors. This book describes those six factors and how they inform each judicial action step in adult guardianship proceedings. Intended for a wide judicial audience, the book provides practical tools for capacity determination and resources useful in identifying less restrictive alternatives and fashioning limited guardianship, while recognizing that plenary guardianship often may be appropriate. The online book is offered in an MSWord format, with "live" links throughout to related model forms that are ready to download for use and modification. Online Book: Judicial Determination of Capacity of Older Adults    in Guardianship Proceedings (MS Word Version) PDF Version

UK: Millions aren't aware of age discrimination laws

Millions of UK workers are unaware of new ageism laws which come into force on 1 October, a survey suggests.

The Employers Forum on Age survey of 1,000 people aged over 16 found 50% did not know ageism in the workplace would be outlawed.

It also found 61% of respondents knew of cases of what they considered to be ageist behaviour where they worked.

And it found evidence that both young and old could lose out in areas such as pay and promotion because of their age.

Read more in the BBC News online, http://news.bbc.co.uk/1/hi/business/5371218.stm

Beware those dangerous seniors!!

TEMECULA, CA - Elizabeth Falcon's plan to open a second senior home in the Temecula area has run into a buzz saw of neighborhood complaints.

Elizabeth Falcon walks down Pebble Brook Circle where fellow neighbors have posted signs of dissent. Falcon, who owns a six-bed neighborhood senior care home in the Redhawk community of Temecula, has run into opposition as she tries to open another facility in a neighborhood just outside Temecula.

About 10 hand-painted yard signs, including ones that proclaim "Save Our Street" and "Say 'no' to elder care," line a quiet cul-de-sac in the 127-home Oak Creek Community, a new subdivision just outside the city limits at Temecula's southeast corner.

The dispute has pitted residents against each other on Pebble Brook Circle, forced the neighborhood's homeowners association to seek legal advice, and left Falcon frustrated and embarrassed.

"Did you see the signs? It's terrible," Falcon told a recent visitor to her home, which is a short distance from the 2,500-square-foot Pebble Brook property where she soon plans to take in up to six seniors in a residential setting where meals, but not medical care, would be provided.

Falcon wonders what her new residents will think when they move into their controversial new home.

"It's a hostile place to live in," she said.

Some neighbors support the senior home or do not care, and a Riverside County official said the potential impacts will likely be less than neighbors fear.

And although local agencies cannot interject themselves into the dispute and the homeowners association has declined to intervene, the cluster of neighborhood elder-care foes say they will keep up the pressure and possibly even carry picket signs if Falcon, as expected, receives a state permit to operate the home.

Read more in the (Riverside, CA) Press-Enterprise.

Fewer Workers with Disabilities in Federal Civilian Jobs

The federal government considers itself a model employer of people with severe disabilities, but a continued decline in the number of such employees working for Uncle Sam threatens that image.

The latest numbers from the Equal Employment Opportunity Commission show that disabled workers make up less than 1 percent of the federal workforce despite the Bush administration's efforts to reverse the trend.

In 2005, federal agencies employed 25,142 workers who were deaf, blind, mentally ill or mentally retarded, or had other serious disabilities, according to an annual EEOC report on the federal workforce, released last week. That was a 16 percent decrease from 29,930 such federal workers in fiscal 1996, the EEOC found.

The steady decline occurred when overall civilian federal employment rose by 3 percent, to 2.6 million workers (including the U.S. Postal Service).

Last week Cari M. Dominguez, the EEOC chairman, said the government should take aggressive steps to halt the decline, and tapped EEOC Commissioner Christine M. Griffin to lead the effort. "By highlighting the issue, we hope to accelerate efforts toward finding solutions that will open the doors to federal employment for more people with disabilities," Dominguez said in a statement.

Historically, the federal government has done much to accommodate disabled workers. The Rehabilitation Act of 1973 banned discrimination against disabled people in federal hiring and required agencies to develop affirmative action plans to hire and promote more people with disabilities. It mandated that agencies provide "reasonable accommodations," such as interpreters, modified work schedules and voice-recognition software, to help disabled workers do their jobs.

Read more at ADA Watch and the Washington Post.

On age discimination....

http://dilbert.com/comics/dilbert/archive/images/dilbert2006040261702.jpg

D.Conn. allows ADEA cash balance conversion lawsuit to proceed

An employee of the former Fleet Bank can move ahead with a lawsuit accusing her company of discriminating against thousands of older workers when it switched to a new type of pension plan, a federal judge has ruled.

The preliminary ruling by U.S. District Judge Janet Hall in Bridgeport, Conn., focuses on cash balance plans. Many large companies embraced cash balance as an alternative to traditional pensions in the late 1990s, before controversy erupted over whether the plans unfairly penalized workers with many years of experience.

A cash balance plan combines some aspects of a traditional pension plan with some trappings of a 401(k). Employers make a yearly contribution to a hypothetical individual "account." Workers are allowed to take the money with them if they leave for another job. Hall's ruling, dated March 31 and entered Monday, will likely be closely scrutinized because the case against Fleet - now owned by Bank of America Corp. - largely echoes a widely publicized case against IBM Corp. In that case, IBM has agreed to settle for up to $1.4 billion should it lose on appeal. Ironically, Bank of America is credited with creating the nation's first cash balance plan, back in 1985.

Read the rest in the Stamford (CT) Advocate

Get the decision here.

Pension rights activist dies at age 49

Lt. Laurel A. Hester, the terminally ill Ocean County (NJ) nvestigator whose battle to pass on her pension to her partner led to wider discussion and use of state domestic partnership laws, died of lung cancer Saturday morning.

The intensely private woman  worked for 24 years as an investigator with the Ocean County Prosecutor's Office.

She kept her sexual orientation private throughout her career, fearing retribution and saying it was no one's business but her own.

She only sought attention in the final three months of her life when she tried to get the Ocean County Board of Chosen Freeholders to award her pension to Stacie Andree, her long-time partner. Andree declined to comment Saturday when reached by telephone.

The board initially refused Hester's request, citing the $13,000 cost. It backed down in late January, less than a month before Hester's death.

Hester's case spurred debate about the state's two-year-old domestic partnership law, which allows, but doesn't require, local governments to provide benefits to employees' same-sex partners.

Read more at Press of Atlantic City.com.

DRA Alert: The bill is now law

Received from NAELA:

The President has signed the Deficit Reduction Act of 2005 (S. 1932) this afternoon.  Should you wish to look at the text of the bill, go to http://thomas.loc.gov/ Enter S. 1932 in the Search Bill Text search box.  The correct version is called the Deficit Reduction Act of 2005 (Engrossed Amendment as Agreed to by Senate)

Here's how they voted...

                                                                                                               

	Yeas	Nays	PRES	NV
Republican	216	13		2
Democratic		200		1
Independent		1
TOTALS	216	214		3

---- YEAS    216 ---
               

Aderholt Akin Alexander Bachus Baker Barrett       (SC) Bartlett (MD) Barton       (TX) Bass Beauprez Biggert Bilirakis Bishop       (UT) Blackburn Blunt Boehlert Boehner Bonilla Bonner Bono Boozman Boustany Bradley       (NH) Brady (TX) Brown (SC) Brown-Waite,       Ginny Burgess Burton (IN) Buyer Calvert Camp       (MI) Campbell       (CA) Cannon Cantor Capito Carter Castle Chabot Chocola Coble Cole       (OK) Conaway Crenshaw Cubin Culberson Davis (KY) Davis,       Jo Ann Davis, Tom Deal (GA) DeLay Dent Diaz-Balart,       L. Diaz-Balart,       M. Doolittle Drake Dreier Duncan Ehlers Emerson English       (PA) Everett Feeney Ferguson Fitzpatrick       (PA) Flake Foley Forbes Fortenberry Fossella Foxx Franks       (AZ) Frelinghuysen

Gallegly Garrett       (NJ) Gibbons Gilchrest Gillmor Gingrey Gohmert Goode Goodlatte Granger Graves Green       (WI) Gutknecht Hall Harris Hart Hastert Hastings       (WA) Hayes Hayworth Hefley Hensarling Herger Hobson Hoekstra Hostettler Hulshof Hunter Hyde Inglis       (SC) Issa Jenkins Jindal Johnson (CT) Johnson,       Sam Keller Kelly Kennedy (MN) King (IA) King       (NY) Kingston Kirk Kline Knollenberg Kolbe Kuhl       (NY) LaHood Latham Lewis (CA) Lewis       (KY) Linder LoBiondo Lucas Lungren, Daniel       E. Mack Manzullo Marchant McCaul       (TX) McCotter McCrery McHenry McKeon McMorris Mica Miller       (FL) Miller (MI) Moran       (KS) Murphy Musgrave Myrick Neugebauer Northup

Norwood Nunes Nussle Osborne Otter Oxley Pearce Pence Peterson       (PA) Petri Pickering Pitts Platts Poe Pombo Porter Price       (GA) Pryce       (OH) Putnam Radanovich Regula Rehberg Reichert Renzi Reynolds Rogers       (AL) Rogers (KY) Rogers       (MI) Rohrabacher Ros-Lehtinen Royce Ryan (WI) Ryun       (KS) Saxton Schmidt Schwarz       (MI) Sensenbrenner Sessions Shadegg Shaw Shays Sherwood Shimkus Shuster Simpson Smith       (TX) Sodrel Souder Stearns Sullivan Tancredo Taylor       (NC) Terry Thomas Thornberry Tiahrt Tiberi Turner Upton Walden       (OR) Walsh Wamp Weldon (FL) Weldon       (PA) Weller Westmoreland Whitfield Wicker Wilson       (SC) Wolf Young (AK) Young (FL)

---- NAYS    214 ---
       

Abercrombie Ackerman Allen Andrews Baca Baird Baldwin Barrow Bean Becerra Berkley Berman Berry Bishop       (GA) Bishop       (NY) Boren Boswell Boucher Boyd Brady       (PA) Brown (OH) Brown,       Corrine Butterfield Capps Capuano Cardin Cardoza Carnahan Carson Case Chandler Clay Cleaver Clyburn Conyers Cooper Costa Costello Cramer Crowley Cuellar Cummings Davis       (AL) Davis (CA) Davis (FL) Davis       (IL) Davis       (TN) DeFazio DeGette Delahunt DeLauro Dicks Dingell Doggett Doyle Edwards Emanuel Engel Eshoo Etheridge Evans Farr Fattah F