The Americans with Disabilities Act:

In response to finding of pervasive historical discrimination, Congress enacted the Americans with Disabilities Act (ADA), a far-reaching statue which prohibits discrimination in employment, transportation, and telecommunications, by both public and private entities. This article presents the essential principles of the ADA that govern equal employment opportunity and non-discriminatory access to and receipt of services and programs of private and public entities, particularly as they may affect elders and agencies serving elders.     

The Americans with Disabilities Act: A Tool to Combat Poverty

Abstract

Statistics consistently demonstrate that people with disabilities are the poorest, least educated, and largest minority population in America. This article examines the employment provisions of Title I of the recently enacted Americans with Disabilities Act (ADA) and its use in combating poverty for individuals with disabilities. The ADA in its entirety, and Title I in particular, is useful both as an advocacy and pedagogical tool to understand and alleviate poverty, oppression, and discrimination. Suggestions for infusing this content into the professional foundation curriculum are included.     

A Prosecutor's Perspective on Protecting Older Americans:

The prosecutorial response is an essential ingredient in any program to protect elderly Americans from abuse and neglect. Prosecution treats these cases as the crimes that they are; it also provides leverage to get offenders to enter into treatment. Lawyers and Adult Protective Services workers have many misperceptions about each other; both sides must work to eradicate the barriers that have arisen becuase of these misperceptions. A multidisciplinary approach is not only mutually beneficial but also crucial to effective resolutions of cases of elder abuse and neglect.     

The Americans with Disabilities Act: Costly Mandates or Civil Rights?

Some persons in the US view the Americans with Disabilities Act (ADA) as a civil rights act. Others view it as an intrusive and costly mandate imposed upon the state and local governments by the federal government. In an attempt to resolve the issue, the question of costs versus civil rights in the ADA is reviewed. The argument that the ADA is intrusive and costly is analyzed showing that it fails in terms of logic and fiscal impact. A conclusion about costs and civil rights is offered.     

The Affordable Care Act: Implications for African Americans Living with HIV

This article reviews the Patient Protection and Affordable Care Act (ACA), 2010. It highlights the implications of the ACA for African Americans living with HIV/AIDS. This law is a practical step toward decreasing disproportionate chronic disease in vulnerable communities. Proper implementation of provisions will help the United States catch up to other industrialized nations with well-established public health care programs. Included is a concise table referencing notable provisions that support increased access to treatment, health education, and quality of care for clients. Social workers can use this information to ensure that clients benefit from this legislation.     

The Americans with Disabilities Act in Federal Court: litigating against public entities

This study represents the first systematic inquiry into the outcome of litigation against state and local public entities under Title II of the Americans with Disabilities Act (ADA) of 1990. Because Congress instituted a system of judicial review that established the courts as the final authority of rights and responsibilities under the Act, Title II litigation has a potentially significant impact on the disability policymaking of state and local governments in the United States. The analysis is based on all reported federal court rulings through June 2000 in which the court adjudicated a Title II claim against a public entity. The results show that plaintiffs are moderately successful in their suits against public entities, especially when compared to their record in litigating against private employers. However, the courts, particularly at the appellate level, still exercise restraint about interfering in the disability policies of subnational governments when implementing the ADA.     

Religious Involvement and Physical Functioning among Older Mexican Americans

BACKGROUND AND PURPOSE: Examine the association between attendance at religious services and incidence of ADL disability over a period of seven years among older Mexican Americans 65 years and older. METHODS: Using data from the Hispanic Established Population for the Epidemiological Study of the Elderly (H-EPESE), logistic generalized estimation equation (GEE) models were used to analyze the contribution of attendance at religious services to the differences in incidence of ADL disability over seven years, controlling for demographics, medical conditions, and physical mobility. RESULTS: Frequent attendees at religious services had 30% lower odds of developing ADL disability over seven years compared to the non-regular attendance group. The odds were reduced to 23%, but remained significant when physical and mental health were controlled. CONCLUSIONS: In this older Mexican American population, regular attendees at religious services were less likely to develop ADL disability over a period of seven years compared to those who attended services less often.     

Predictors of Holding Consumer and Mortgage Debt among Older Americans

Using data from the 2000 Health and Retirement Study (HRS), this study examined the probability of older Americans holding consumer and mortgage debt. The specific objectives of this study were to identify to what extent individuals aged 65 and over hold consumer or mortgage debt and to investigate factors that influence the probability of holding consumer or mortgage debt in old age. The results of logistic regression analysis indicated that older individuals who had larger households, had higher levels of education, were aged 65–74, were married, were Black, and were employed, were more likely to hold consumer or mortgage debt. This study concluded that holding one kind of debt is associated with probability of holding another kind of debt.     

Public Policy and the Plans and Preferences of Older Americans

This study compares the retirement plans and preferences of a recent sample of 3,500 men and women of pre-retirement age- 50 to 64. The data suggest that a minority of older workers expect to retire earlier than they really want to, and that many would delay retirement if they faced different terms and conditions of employment. Although most older Americans cannot or do not want to work, many do, and they represent a significant underutilized labor market resource.     

Title V of the Older Americans Act, the Senior Community Service Employment Program: participant demographics and service to racially/ethnically diverse populations

Title V of the Older Americans Act, the Senior Community Service Employment Program (SCSEP), is a 40+-year-old federal program providing subsidized community service and employment training to low-income, unemployed individuals aged 55 and older. It is the only nationally mandated workforce training program for seniors. Because of SCSEP's dual mission, participants added 48 million hours of community service (valued at almost $1 billion) to the U.S. economy in 2008. Almost half (48.9%) of the participants are racial or ethnic minorities, which makes it crucial to understand the program experience of these individuals. Participation, program duration, and employment placement of minorities are examined. Findings show successful enrollment rates, an interactive effect of age and education on program duration, and no indication of a minority disadvantage in employment placement. Recommendations include funding for innovative grants, leveraging of federal partnerships, and targeted technical assistance.     

An Overview and Comments on Recent Americans With Disabilities Act Court Rulings

Abstract

The American with Disabilities Act (ADA) is designed to protect persons with disabilities from discrimination in nearly every aspect of American life. This commentary focuses on a number of recent United States Supreme Court decisions that help to clarify the intent of the ADA. It is critical for social workers to be aware of these recent court rulings because they affect social work practice and have important policy implications.     

Rising Energy Costs and Their Impact on Household Budgets of Older Americans

Rising energy costs have become an economic fact of life for all people during the past decade. An examination of two groups of older people in Arizona finds that such costs have made an impact on their lives; however, it appears that they are managing better than may have been expected.     

Workplace discrimination and diabetes: the EEOC Americans with Disabilities Act research project

Using the Integrated Mission System of the Equal Employment Opportunity Commission, the employment discrimination experience of Americans with diabetes is documented. Researchers compare and contrast the key dimensions of workplace discrimination involving Americans with diabetes and persons with other physical, sensory, and neurological impairments. Specifically, the researchers examine demographic characteristics of the charging parties; the industry designation, location, and size of employers against whom complaints are filed; the nature of discrimination (i.e., type of adverse action) alleged to occur; and the legal outcome or resolution of these complaints. Findings indicate that persons with diabetes were more likely to encounter discrimination involving discharge, constructive discharge, discipline and suspension - all job retention issues. Persons with diabetes were less likely to encounter discrimination involving hiring, reasonable accommodation, non-pension benefits, and layoff. They were also more likely to encounter discrimination when they were older or from specific ethnic backgrounds, or when they worked for small employers or in the Southern United States. Implications for policy and advocacy are addressed.     

The U. S. Supreme Court and Value Legitimacy: An Experimental Approach With Older Americans

This study was designed to test the designed to test the legitimacy-conferring hypotheses as it relates to the United States Supreme Court. Conventional wisdom has long asscrted that the Court, in its role as interpreter of the Constitution, is a major force influencing the values and attitudes of Americans. However, little empirical research has been conducted on the issue, and that which has been conducted has been ambiguous. Using a split-ballot experimental technique, we found support for the legitimacy-conferring hypothesis among a sample of older Americans from twenty-two different states across the U. S. We found five of nine proposals to be more strongly endorsed when their attributed source was the Supreme Court rather than the U. S. Congress or when the source was unattributed. A factor analysis of the items was used to discover underlying value-orientations described by the nine items. An analysis to three derived factors added to our confidence in the legitimacy-conferring hypothesis.     

Effect of Health on Retirement of Older Americans: a Competing Risks Study

Retirement is an important event in the life of an individual. The decision to retire or exit from full-time employment may be motivated by several factors, including health. This paper explores the effect of both subjective and relatively more objective physical and mental health conditions on the probability of exit from full-time employment. Using longitudinal data on older Americans from ten waves of the Health and Retirement Study (1992–2010), eight health indices are created from a wide range of health measures by principal component analysis. The effect of these health indices on the time until exit from full-time employment is empirically examined in a proportional hazard model. Single and competing risk specifications are estimated that allow for multiple spells of full-time employment and control for unobserved heterogeneity. The main results suggest that better self-reported health decreases the likelihood of exit from full- time employment, while poor physical health (functional limitations factor) increases the likelihood of exit from full-time employment via complete retirement and disability. For mental health, I find that depression increases the likelihood of exit via complete retirement, part-time work and unemployment while cognitive disorders lead to an increase in likelihood of exit via the disability exit route. Hence, physical and mental health problems are both impediments to continued work. These results have implications for public policies targeted towards retaining older workers within the labor market.     

An overview of and comments on the Americans With Disabilities Act (ADA)

The authors overview the key components of the ADA in this article. A discussion is offered on why and how persons with disabilities are discriminated against. Critical United States Supreme Court decisions are presented; these decisions have greatly limited the power of the ADA in protecting the rights of persons with disabilities. Even though the United States Supreme Court has narrowed the impact of the ADA in American life, a number of Equal Employment Opportunity Commission (EEOC) cases are presented suggesting this federal agency is attempting to protect persons with disabilities against discrimination. Finally, the authors deal with the topic of advocacy; advocacy may well be one of the most effective tools to help insure that the rights of people with disabilities are protected.     

An Overview of and Comments on the Americans with Disabilities Act (ADA)

Abstract

The authors overview the key components of the ADA in this article. A discussion is offered on why and how persons with disabilities are discriminated against. Critical United States Supreme Court decisions are presented; these decisions have greatly limited the power of the ADA in protecting the rights of persons with disabilities. Even though the United States Supreme Court has narrowed the impact of the ADA in American life, a number of Equal Employment Opportunity Commission (EEOC) cases are presented suggesting this federal agency is attempting to protect persons with disabilities against discrimination. Finally, the authors deal with the topic of advocacy; advocacy may well be one of the most effective tools to help insure that the rights of people with disabilities are protected.