Age discrimination and early retirement policies: a comparison of labor market regulation in Canada and the United States

As public policy issues, mandatory retirement and age discrimination are approached differently in Canada and the United States. The legal frameworks, enforcement procedures, and judicial decisions are distinct in the two jurisdictions. The United States, unlike Canada, has specific legislation to protect the rights of older workers, and has a centralized enforcement system. The differences between the two countries are accounted for by the greater emphasis on individual rights in the United States and on communitarianism in Canada. The different policy choices of each society highlight the tensions inherent in North American labor markets. The United States seems to be in a better position to shift toward a labor-management policy which encourages older workers to remain in the workforce.     

Age Discrimination and Early Retirement Policies:

As public policy issues, mandatory retirement and age discrimination are approached differently in Canada and the United States. The legal frameworks, enforcement procedures, and judicial decisions are distinct in the two jurisdictions. The United States, unlike Canada, has specific legislation to protect the rights of older workers, and has a centralized enforcement system. The differences between the two countries are accounted for by the greater emphasis on individual rights in he United States and on communitariamsm in Canada. The different policy choices of each society highlight the tensions inherent in North American labor markets. The United States seems to be in a better position to shift toward a labor-management policy which encourages older workers to remain in the workforce.     

Not Codgers in Cardigans! Female Workforce Participation and Ageing Public Services

There have been remarkable changes in female labour force participation in the past century. In Australia, the first wave of change included the introduction of equal pay and the softening of attitudes towards married women at work and the second wave of change introduced anti‐discrimination legislation and family‐friendly working conditions. Arguably a third wave of change is emerging, as labour market pressures — caused in part by an ageing workforce — require further efforts to increase the participation of underrepresented groups such as women. The existing literature considers how age affects female participation but not the reverse question of how increased female participation has affected the age of the workforce. This research begins to fill this gap. Using an indicative study of an Australian public service, it explores increases in female participation and the associated increases in age in the case study public service, with a particular focus on the first wave of reforms in the 1970s and the second wave of reforms in the 1990s. The research demonstrates an association between increased female participation and the increasing age of public workforces — in a period of 25 years, the case‐study public service was transformed from being predominantly young and male to being predominantly older and female. Policymakers need to reconsider whether the ageing public workforce is a problem or simply a side effect of worthwhile employment reforms that supported female participation.     

Taking older people's rights seriously: the role of international law

Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly "more" disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society.     

Being involved in the country: Productive ageing in different types of rural communities

Productive ageing recognises the contribution of older people to economic, social and cultural growth and helps build a sustainable community. Being involved in community life is good for individuals and good for society. However, we know very little about the participation of and contribution by people aged 50 and over in rural communities. This research aimed to develop a better understanding of productive ageing in different types of communities in rural Victoria, Australia. An anonymous self-complete postal questionnaire was distributed to a sample of households in twenty rural communities using the Australia Post Unaddressed Select Service. Those householders 50 years of age and older were invited to complete the survey. Data collected allowed examination of social and civic engagement, familiarity with community, the value placed on social relations by people aged 50 years and over, and how community involvement was linked to community sustainability. In particular it attempts to address the question ‘Does social and civic engagement differ across declining, stable and growing rural communities?’ Despite differences among rural communities, this study showed that older people develop and maintain strong community connections and well-functioning social capital and that participation in social activities was associated with feelings of being connected with community. It also identified health issues and lack of options as the main constraints on participation. A key message for policy makers is that older people play an important role in the sustainability of rural communities. There is much to be gained from actively supporting their participation in activities that are connected to ageing well.     

Never the Right Age? Gender and Age‐Based Discrimination in Employment

Although UK legislation against age discrimination is required by December 2006, little is yet known about how ageism affects different age categories of employees, and the gender dimensions of ageism have also been neglected. Both issues were investigated by questionnaire survey, producing responses from over 1000 employees of a major UK financial services enterprise. The extent and manifestations of ageism were found to vary across age categories and by sex, and evidence of gendered ageism emerged. Reported examples of ageism were highest among younger and older age categories, but all age groups were affected to some degree. Across all ages, women were more likely than men to experience ageist attitudes concerning appearance or sexuality. To be effective, legislation will need to cater for the complex nature and patterns of age discrimination revealed, though the comparator problem and other complexities are such that important aspects of age prejudice, including gender dimensions, risk being overlooked.     

Employer Policy and Practice Toward Older Workers in Hong Kong: The Role of Shifting Intergenerational Dynamics

Many governments are seeking to encourage the extension of working lives to counteract potential labor market shortages that might result from population aging. Nevertheless, research shows that older workers continue to face a range of barriers to their labor market participation. However, this research has not tended to take a holistic view of the factors shaping employer policy and practice or acknowledge that older workers’ experiences are embedded within broader social structures and age dynamics. This article reports on exploratory qualitative research undertaken in Hong Kong. It demonstrates how employer policy and practice toward older workers are shaped by intergenerational dynamics and by the social responsibility that employers feel toward different generations. It is argued that in order to more fully understand employer policy and practice toward older workers, an approach that acknowledges the social context and position of different age groups is required.     

Protecting the rights of the child in romania: Childrens rights perspectives on romanias 1997 child care reforms

This article analyses the reforms to Romanias child care legislation introduced in 1997. It uses two perspectives on childrens rights to link the changes to the United Nations Convention on the Rights of the Child. The first perspective reviews the new legislation in terms of childrens rights to provision, protection, and participation, paying particular regard to the wider economic and social policy context of the reforms; the second looks at the new laws in terms of the implications of childrens rights for the family, the community, the state, and the international community. Throughout the discussion, attention is drawn to changes in social work management and practice which will be required to make a reality of the new legislation. The article then considers the way in which the discourse of childrens rights has been used to justify changes to the law on inter-country adoption. It is argued that the new legislation has actually secured the place of inter-country adoption in Romania whilst professing to give priority to domestic alternatives, and that reference to childrens rights has been used to justify and disguise this outcome. The discussion thereby highlights the vulnerability of the childrens rights discourse to the demands of international politics.     

Human rights enforcement agencies and the protection of older workers against discrimination: the case of the Quebec Human Rights Commission

The article provides insight into the way a human rights enforcement agency, the Quebec Human Rights Commission, implements legal dispositions prohibiting age discrimination in employment. Drawing on data from claims filed before the Commission, the article establishes a quantitative profile of cases and examines the factors that are involved in the decisions made by the Commission. It is argued that (1) the Commission's approach in investigating age discrimination cases and (2) the burden of proof put on respondents are main contributing factors to a very limited number of cases being validated. However, despite apparent shortcomings, the Commission still fulfills an important role in defending and promoting older workers' rights. Its overall impact can be assessed only in connection with other social and employment policies geared at older workers. In conclusion, some recommendations to improve the functioning of the Commission are made.     

Exposing the protected: Ghana’s disability laws and the rights of disabled people

Disabled people in Ghana continue to experience various forms of discrimination and social exclusion. These occur despite the fact that there are several anti-discriminatory laws that are meant to protect the rights of disabled people and facilitate their participation in mainstream social, political and economic activities. As it is, the laws have not completely eroded the discrimination and in some instances appear to even institutionalise the discrimination that disabled people experience. It is important that the state pays more attention to amending aspects of these laws and putting them into practice.     

Over the Hill,Under Siege: Labor Force Graying,Labor Market Pushes,and Consequences for Life Chances

Interest in older workers has recently expanded due to concerns over labor force “graying.” Research and policy on aging adults' labor market participation have, thus far, framed the decision to labor as one shaped solely by the desires and capacities of older workers themselves. This perspective fails to recognize how multiple employer‐side barriers play a large role in defining – and limiting – available choices. In this review, I synthesize the multi‐disciplinary literature on employer‐side barriers to older workers' labor market participation. In particular, I identify and discuss individual‐, meso‐, and social structural‐level barriers that uniquely affect this group, noting where gaps in understanding remain. I consider older workers primarily as a whole to demonstrate how age operates as a distinct, important identity; however, I also reflect on how age overlaps with both other identities and cohort membership. Next, I briefly consider the relationship between these employer‐side barriers and aging adults' life chances, particularly in an era of austerity. Although I focus on the United States case, I also note key cross‐national similarities and differences. Finally, reflecting upon the foregoing review, I suggest that a redirection of public policy is necessary to effectively respond to this contemporary demographic shift.     

Taking Older People's Rights Seriously: The Role of International Law

ABSTRACT

Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly “more” disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society.     

Randomize groups, not individuals: a strategy for improving early childhood programs

Until the past few years, our nation's approach to designing federal programs for preschool-age children lacked coherence and paid little attention to what had worked (and not worked) in the past. In this article, the authors propose that credible information useful for designing effective programs will require the ongoing, systematic development and evaluation of alternative approaches for the improvement of large-scale early childhood programs. The research should place greater reliance on experiments in which existing groups of individuals, such as intact classes or preschool agencies, are randomly assigned to implement competing early education programs or program components. Randomizing groups, rather than individual children, changes the research question from "What works?" to "What works better?" yielding more useful information than is currently available about which preschool approaches ought to be strongly embedded in our nation's social policy.     

‘Access and achievement or social exclusion?’ are the government's policies working for disabled children and their families?

The past decade has seen significant developments in policy and practice for disabled children and their families. In particular there is a new focus upon access and inclusion, with increasing awareness of the need to see disabled children and families as active partners within policy development and implementation. There is growing awareness of the implications of disability discrimination legislation across children's services and of the importance of improving arrangements for early identification and intervention to maximise disabled children's participation within mainstream services. The National Service Framework, the advent of Children's Trusts and a new Special Education Needs (SEN) Action Programme, together with the introduction of direct payments, give encouraging messages about multi‐agency working and a strategic and ‘joined up’ approach to childhood disability. However, many disabled children and their families continue to experience discrimination, poverty and social exclusion. The challenge for the Government is to ensure that disabled children are ‘mainstreamed’ across all policy initiatives and to recognise the talents and ambitions of disabled children and their families in service design and implementation. Copyright © 2003 John Wiley & Sons, Ltd.     

Reflections on discrimination and oppression in contemporary social work practice in Bulgaria

This article draws on a study of awareness and sensitivity towards discrimination and oppression in contemporary practice in the Bulgarian social system through the perspectives of helping professionals and social clients. To that end, empirical data were gathered through a study of: the knowledge and awareness about anti-discrimination policy and legislation in the social sphere; awareness and perceptions of discrimination and oppression in society and the social work domain; and reflections on discrimination and oppression in the context of working relationships. Two questionnaires were designed and used to collect data in the period of April–May 2014 in the Southwestern region of Bulgaria. There were two groups consisting of 132 helping professionals (n?=?132) and 121 clients/service users (n?=?121). Both groups had low awareness of anti-discrimination legislation and regulations in the field of social policy and services. Discrimination and oppression were perceived as widespread phenomena that affected life of disadvantaged groups and also manifested in the social system. Ethnic minority service users needed information about their rights and community resources and claimed for larger involvement in the process of social work.     

What Can Migration Policymakers Learn From Legal Frameworks on National Minorities? National Minorities and Migration in Armenia and Belarus

The dissolution of the USSR resulted in massive depopulation of the republics and unprecedented migration flows, including national minorities. Citizens of a once indivisible country were suddenly divided into “those of our kind” (natives) and “outsiders” (national minorities/ immigrants). The latter were often not guaranteed citizenship and were denied basic rights. Many national minorities became forced migrants and refugees, leaving neighbouring states because of discrimination or fearing violence. This article focuses primarily on the interconnection of minority and migration issues, two topics which are often discussed separately. It investigates the interrelation between migration and the minority regimes adopted by Armenia and Belarus, and the extent to which certain policies and rights for national minorities can be meaningfully extended to new migrant minorities. It also asks what lessons can be learnt from the treatment of national minorities as far as future migration legislation is concerned.

Policy Implications

• Migrants' participation policy is always based on implicit political models of participation that should always be made explicit and examined before implementation.
• There is always a plurality of political preferences, for different models of participation in the migrant population, that should be explored and accommodated.
• The number of associations in existence should not be used as an indicator of a strong civil society as much as it is at present.

     

Perceived discrimination,traditional practices,and depressive symptoms among American Indians in the upper midwest

American Indian adults are thought to experience significant depressive symptoms at rates several times higher than adults in the general population, yet we know very little about factors associated with depressive symptoms among this under studied group. Many researchers have argued that depressive symptoms are associated with conflicts between American Indian traditional cultural values, practices, and beliefs and those of the majority culture. This report, based on a sample 287 American Indian adults from the upper Midwest, takes into account two measures of cultural effects: perceived discrimination, as one indicator of culture conflict, and traditional practices, as a measure of cultural identification. The results indicate that discrimination is strongly associated with depressive symptoms among American Indian adults and that engaging in traditional practices is negatively related to depressive symptoms. Moreover, interaction effects between perceived discrimination and traditional practices indicate that engaging in traditional practices buffers the negative effects of discrimination among those who regularly participate in them.     

Political Participation and Late-Life Learning: A Cross-Cultural Study of Older People’s Participation in Seniors’ Interest Organisations in Australia and Spain

Understanding what older people learn from their civic participation is of critical importance both for individuals and organisations. This link has been neglected in prior research, and the evidence across diverse cultural contexts is particularly limited. However, the political context of older people’s life experiences and participation is important in their participation. The intent of the present study is to explore the learnings experienced by older people through participation in seniors’ interest organisations, across Australia and Spain. Participants included 52 active members of political organisations focused on issues for older people. A questionnaire was used for data collection; participants’ responses to an open-ended question regarding what they have learnt from their participation in seniors’ interest organisations are analysed here. Participants’ answers were subjected to a multi-stage thematic analysis. Findings show three key themes relating to learnings about themselves, such as self-improvement or skills or knowledge; learnings about others, such as cooperation with others and understand that people have different views; and learning about society, such as inequality and the need to fight for injustice. The findings suggest some interesting similarities and differences across contexts, which appears to reflect the different political contexts of the two countries.     

欧美儿童照顾社会政策的发展及借鉴

20世纪70年代以来,儿童照顾问题在西方社会由个体家庭责任演变为普遍的社会需求,被置于国家、市场和家庭关系的政治话语中。面对新的儿童照顾安排需求,欧美国家发展出亲职假、公共儿童照顾服务和经济支持三种途径来重新分配儿童照顾的任务、成本和责任。儿童照顾政策不仅影响妇女的劳动力参与,还与儿童的福利水平高低密切相关。确立照顾权利是公民社会权利的重要组成部分,建构一个由国家、市场、志愿组织和家庭共同提供的"混合照顾"体系,改变照顾工作在家庭内部不平等的性别分工以及把儿童照顾政策作为解决其他社会问题的政策工具都是值得中国借鉴的经验。     

Why not ask them? Mapping and promoting youth participation

Recent policy frameworks for addressing the well-being of young people have increasingly adopted a prevention framework that emphasises age-relevant support, a social inclusion approach, targeted assistance for the most disadvantaged, and more avenues for the voices of young people. However, despite the increased policy commitments to youth consultation and participation, there is confusion about the operational implications of such commitments, and implementation across different program areas has been patchy. This paper provides a conceptual framework for understanding the various forms of youth participation, ranging from information exchange to more open and self-managed participation; and the associated rationales for various forms of participation. It is argued that there are three main rationales for greater voice and participation of young people across a variety of institutional settings and policy areas. First is the argument that young people have the right to be nurtured, protected and treated with respect, and where appropriate be involved and consulted. Secondly, it is argued that improvement of services for young people requires their views and interests to be well articulated and represented. Thirdly, it is asserted that there are developmental benefits arising from participation, for both the individuals themselves and for civil society as a whole.