Disability and Aging Discrimination - Perspectives in Law and Psychology

Disability and Aging Discrimination - Perspectives in Law and Psychology

von: Richard L. Wiener, Steven L. Willborn

Springer-Verlag, 2010

ISBN: 9781441962935 , 268 Seiten

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Disability and Aging Discrimination - Perspectives in Law and Psychology


 

Acknowledgments

5

Contents

6

Contributors

8

1 Finding the Assumptions in the Law: Social Analytic Jurisprudence, Disability, and Aging Workers

10

Empirical Documentation of Existing Biases and Limitations

11

Age and the Workforce

11

Disability and the Workforce

14

The Role of Research in Policy Development

17

Application of Social Analytic Jurisprudence to Age Discrimination

19

Disparate Treatment of an Individual Claimant

19

Testing Assumptions of Intentional Age Discrimination

24

Disabilities and Reasonable Accommodations

30

Summary and Conclusion

37

References

37

Part I Aging and Discrimination

43

2 Ageism: The Strange Case of Prejudice Against the Older You

44

Mountains or Molehills

44

Planting the Seed of Ageism

45

History

45

Cultural Views

45

The Root of Ageism Is Fear of Death

46

Terror Management Theory

46

Ageism Is Institutionalized

47

Younger People Speak Differently to Elderly Persons

48

But Our Brains Cant Help Being Ageist

49

Helper, Heal Thy Self

50

Conclusion

51

References

52

3 Disability and Aging: Historical and Contemporary Views

55

Introduction

55

Defining Disability and the Civil War Pension Scheme

56

Disability and Aging, 150 Years Ago

59

Disability and Aging Today and Tomorrow

63

Employment and Attitudinal Discrimination

65

Today's Veterans of the Middle East Wars

67

Global Opportunities in Human and Economic Rights

69

Closing

71

References

71

4 The Aging Workforce and Paid Time Off

77

Work Interruption for Health-Related Personal and Family Care

79

The Aging Workforce and Worker Health

79

Health- and Care-Related Work Interruptions

80

Normative Arguments Favoring Intervention

81

Existing Protection Against Health- and Care-Related Work Interruption

83

Unpaid Benefits -- The Family and Medical Leave Act

83

Paid Benefits: Private

85

Paid Benefits: Public

86

Sick Leave

86

Short-Term Temporary Disability Insurance (TDI)

87

Social Preferences and Accommodation of Older Workers

88

References

94

5 Baby Boomers at Work: Growing Older and Working More

98

Legal Framework for Workplace Age Discrimination

99

Empirical Research and Implications for Workplace Age Discrimination

102

Societal Acceptability of Ageism

103

Procedural Fairness and the Self-Acceptance of Ageism

104

Legislation Against Age Discrimination Is Not the Answer

106

References

108

Part II Disability and Discrimination

111

6 The Relationship Between Disability DiscriminationINTnl; and Age Discrimination inINTtie;Workersx2019; Compensation

112

Workers Compensation Overview

112

Workers Compensation Developments in Recent Decades

113

Effects of These Developments on Cash Benefits

114

The Relationship Between Age and Three Important Variables: Health Status, Work Disability, and Sources of Medical Conditions

117

Health Status

117

Work Disability

117

Sources of Medical Conditions

118

The Link Between Disability Discrimination and Age Discrimination

121

Conclusions

122

References

123

7 The Stigma of Disabilities and the Americans with Disabilities Act

125

Introduction

125

The Stigma of Disabilities

127

The Legislative Paths

132

The Passage of the Rehabilitation Act

133

The Passage of the ADA

134

The Supreme Courts Interpretations

138

The Impact of the ADA

142

Cases

144

References

144

8 Age and Disability Within the Scope of American Discrimination Law

146

Comparing the Top Four

147

Thinking About the Intersection of Age and Disability

154

Conclusion

154

References

155

9 Implicit Attitudes and Discrimination Against People with Physical Disabilities

157

The Stigma of Physical Disability: Historical and Conceptual Background

158

Integrative Theoretical Frameworks

161

Ambivalent Attitudes

161

Dual Processes

165

Stigma, Disability, and Interactions: Re-examining the Literature

169

Nonverbal Behaviors

169

Verbal and Nonverbal Mismatches

171

Implications and Conclusions

173

References

176

10 Cross-Cultural Perspectives on Stigma

184

Stigma and Modern Day Issues

186

Aging

189

American Indian Notions of Elderly

190

Mental Illness

191

American Indians and Mental Illness

192

How to Integrate Divergent Stigma Perspectives Between Cultures Within the Law

195

References

197

11 Disability and Procedural Fairness in the Workplace

204

A Brief History

205

Procedural Justice and the ADA: Do Procedures Influence Satisfaction Beyond Accommodations

208

Potential Moderators of Procedural Fairness Effects

211

Research on Procedural Fairness and Beliefs About Deservingness

212

Deservingness Judgments in a Workplace Disability Context

215

Decision Makers Versus Decision Recipients: Role as a Moderator of Procedural Fairness Concerns

218

Role Effects in a Workplace Disability Context

221

Research on the Symbolic Consequences of Respect: In-Group Versus Out-Group Encounters

221

Ingroup Versus Outgroup Respect in a Disability Context

224

Summary

225

References

227

12 Procedural Justice and the Structure of the AgeINTnl; and Disability Laws

233

The Procedural Structure of the Age and Disability Laws

234

Groups and the Age and Disability Laws

237

Thinking About Procedures and Groups Under the ADEA and the ADA: Implications for Research on Procedural Justice

240

Voice

240

Decision Control

242

Group Value Theory

244

Conclusion

245

References

246

13 A Social Psychological Perspective of Disability Prejudice

247

Overview of the Current Work

248

When Might People Experience Disability Prejudice

249

What Does Disability Prejudice Look Like

253

Summary and Concluding Remarks

257

References

258

Index

261