Wiener / Willborn Disability and Aging Discrimination

Perspectives in Law and Psychology
1. Auflage 2010
ISBN: 978-1-4419-6293-5
Verlag: Springer
Format: PDF
Kopierschutz: 1 - PDF Watermark

E-Book, Englisch, 268 Seiten

Two things are certain in the contemporary workplace: the aging of employees, and negative attitudes toward them - especially those with disabilities-by younger colleagues and supervisors. Yet related phenomena seem less clear: how do negative stereotypes contribute to discrimination on the job? And how are these stereotypes perceived in legal proceedings? Bringing theoretical organization to an often unfocused literature, Disability and Aging Discrimination offers research in these areas at the same level of rigor as research into racial and gender discrimination. The book applies Social Analytic Jurisprudence, a framework for testing legal assumptions regarding behavior, and identifies controversies and knowledge gaps in age-discrimination and disability law. Chapters provide historical background or present-day context for the prevalence of age and disability prejudices, and shed light on the psychosocial concepts that must be understood, in addition to medical considerations, to make improvements in legal standards and workplace policy. Among the topics covered: • Applying Social Analytic Jurisprudence to age and disability discrimination. • The psychological origins and social pervasiveness of ageism. • Growing older, working more: the boomer generation on the job. • Limitations of the Americans with Disabilities Act. • Disability and procedural fairness in the workplace. • Cross-cultural perspectives on stigma. The first volume of its kind, Disability and Aging Discrimination is essential reading for researchers, forensic and rehabilitation psychologists/psychiatrists, and those involved in the well-being of older and disabled workers.

Professor Wiener received his Ph.D. from the University of Houston and his Masters Degree in Legal Studies at UNL. He was professor of Psychology at Saint Louis University (1982- 2000) and most recently chair of the Department of Psychology at Baruch College, City University of New York. In 2002 Dr. Wiener joined the Law-Psychology Program (as director) and the Social Psychology Program at UNL. He is the former editor of Law and Human Behavior, the official journal of the American Psychology/Law Society (Division 41 of the APA). Dr. Wiener's research applies theories of social cognition to problems in legal decision-making. Among the topic areas he has investigated are perceptions of sexual harassment and jury decision making. Specifically, Dr. Wiener studies the role of generic prejudice in criminal cases and he studies how jurors reach capital murder decisions in assigning penalties. The National Science Foundation has funded and continues to fund this work. Currently, Dr. Wiener applies social cognitive theories of emotion, motivation, dual process of cognitive processing to explain how legal actors reach decisions relevant to law and policy. Other topics of investigation include the role of implicit attitude activation in generic prejudice, the role of emotions in jury judgments as they develop across the presentation of criminal cases, the role of mortality salience in death penalty judgments, and the role of counterfactual thinking in negligence judgments. Dr. Wiener teaches courses at UNL on behavioral sciences and the law and legal decision making.

Autoren/Hrsg.

Wiener, Richard L.

Willborn, Steven L.

Inhaltsverzeichnis

1;Acknowledgments;5
2;Contents;6
3;Contributors;8
4;1 Finding the Assumptions in the Law: Social Analytic Jurisprudence, Disability, and Aging Workers;10
4.1; Empirical Documentation of Existing Biases and Limitations;11
4.1.1; Age and the Workforce;11
4.1.2; Disability and the Workforce;14
4.2; The Role of Research in Policy Development;17
4.3; Application of Social Analytic Jurisprudence to Age Discrimination;19
4.3.1; Disparate Treatment of an Individual Claimant;19
4.3.2; Testing Assumptions of Intentional Age Discrimination;24
4.4; Disabilities and Reasonable Accommodations;30
4.5; Summary and Conclusion;37
4.6;References;37
5;Part I Aging and Discrimination;43
5.1;2 Ageism: The Strange Case of Prejudice Against the Older You;44
5.1.1; Mountains or Molehills;44
5.1.2; Planting the Seed of Ageism;45
5.1.2.1; History;45
5.1.2.2; Cultural Views;45
5.1.3; The Root of Ageism Is Fear of Death;46
5.1.3.1; Terror Management Theory;46
5.1.4; Ageism Is Institutionalized;47
5.1.5; Younger People Speak Differently to Elderly Persons;48
5.1.6; But Our Brains Cant Help Being Ageist;49
5.1.7; Helper, Heal Thy Self;50
5.1.8; Conclusion;51
5.1.9;References;52
5.2;3 Disability and Aging: Historical and Contemporary Views;55
5.2.1; Introduction;55
5.2.2; Defining Disability and the Civil War Pension Scheme;56
5.2.3; Disability and Aging, 150 Years Ago;59
5.2.4; Disability and Aging Today and Tomorrow;63
5.2.4.1; Employment and Attitudinal Discrimination;65
5.2.4.2; Today's Veterans of the Middle East Wars;67
5.2.4.3; Global Opportunities in Human and Economic Rights;69
5.2.5; Closing;71
5.2.6;References;71
5.3;4 The Aging Workforce and Paid Time Off;77
5.3.1; Work Interruption for Health-Related Personal and Family Care;79
5.3.1.1; The Aging Workforce and Worker Health;79
5.3.1.2; Health- and Care-Related Work Interruptions;80
5.3.1.3; Normative Arguments Favoring Intervention;81
5.3.2; Existing Protection Against Health- and Care-Related Work Interruption;83
5.3.2.1; Unpaid Benefits -- The Family and Medical Leave Act;83
5.3.2.2; Paid Benefits: Private;85
5.3.2.3; Paid Benefits: Public;86
5.3.2.3.1; Sick Leave;86
5.3.2.3.2; Short-Term Temporary Disability Insurance (TDI);87
5.3.3; Social Preferences and Accommodation of Older Workers;88
5.3.4;References;94
5.4;5 Baby Boomers at Work: Growing Older and Working More;98
5.4.1; Legal Framework for Workplace Age Discrimination;99
5.4.2; Empirical Research and Implications for Workplace Age Discrimination;102
5.4.2.1; Societal Acceptability of Ageism;103
5.4.2.2; Procedural Fairness and the Self-Acceptance of Ageism;104
5.4.3; Legislation Against Age Discrimination Is Not the Answer;106
5.4.4;References;108
6;Part II Disability and Discrimination;111
6.1;6 The Relationship Between Disability DiscriminationINTnl; and Age Discrimination inINTtie;Workersx2019; Compensation;112
6.1.1; Workers Compensation Overview;112
6.1.2; Workers Compensation Developments in Recent Decades;113
6.1.3; Effects of These Developments on Cash Benefits;114
6.1.4; The Relationship Between Age and Three Important Variables: Health Status, Work Disability, and Sources of Medical Conditions;117
6.1.4.1; Health Status;117
6.1.4.2; Work Disability;117
6.1.4.3; Sources of Medical Conditions;118
6.1.5; The Link Between Disability Discrimination and Age Discrimination;121
6.1.6; Conclusions;122
6.1.7;References;123
6.2;7 The Stigma of Disabilities and the Americans with Disabilities Act;125
6.2.1; Introduction;125
6.2.2; The Stigma of Disabilities;127
6.2.3; The Legislative Paths;132
6.2.3.1; The Passage of the Rehabilitation Act;133
6.2.3.2; The Passage of the ADA;134
6.2.4; The Supreme Courts Interpretations;138
6.2.5; The Impact of the ADA;142
6.2.6; Cases;144
6.2.7;References;144
6.3;8 Age and Disability Within the Scope of American Discrimination Law;146
6.3.1; Comparing the Top Four;147
6.3.2; Thinking About the Intersection of Age and Disability;154
6.3.3; Conclusion;154
6.3.4;References;155
6.4;9 Implicit Attitudes and Discrimination Against People with Physical Disabilities;157
6.4.1; The Stigma of Physical Disability: Historical and Conceptual Background;158
6.4.2; Integrative Theoretical Frameworks;161
6.4.2.1; Ambivalent Attitudes;161
6.4.2.2; Dual Processes;165
6.4.3; Stigma, Disability, and Interactions: Re-examining the Literature;169
6.4.3.1; Nonverbal Behaviors;169
6.4.3.2; Verbal and Nonverbal Mismatches;171
6.4.4; Implications and Conclusions;173
6.4.5;References;176
6.5;10 Cross-Cultural Perspectives on Stigma;184
6.5.1; Stigma and Modern Day Issues;186
6.5.2; Aging;189
6.5.3; American Indian Notions of Elderly;190
6.5.4; Mental Illness;191
6.5.5; American Indians and Mental Illness;192
6.5.6; How to Integrate Divergent Stigma Perspectives Between Cultures Within the Law;195
6.5.7;References;197
6.6;11 Disability and Procedural Fairness in the Workplace;204
6.6.1; A Brief History;205
6.6.2; Procedural Justice and the ADA: Do Procedures Influence Satisfaction Beyond Accommodations;208
6.6.3; Potential Moderators of Procedural Fairness Effects;211
6.6.4; Research on Procedural Fairness and Beliefs About Deservingness;212
6.6.5; Deservingness Judgments in a Workplace Disability Context;215
6.6.6; Decision Makers Versus Decision Recipients: Role as a Moderator of Procedural Fairness Concerns;218
6.6.7; Role Effects in a Workplace Disability Context;221
6.6.8; Research on the Symbolic Consequences of Respect: In-Group Versus Out-Group Encounters;221
6.6.9; Ingroup Versus Outgroup Respect in a Disability Context;224
6.6.10; Summary;225
6.6.11;References;227
6.7;12 Procedural Justice and the Structure of the AgeINTnl; and Disability Laws;233
6.7.1; The Procedural Structure of the Age and Disability Laws;234
6.7.2; Groups and the Age and Disability Laws;237
6.7.3; Thinking About Procedures and Groups Under the ADEA and the ADA: Implications for Research on Procedural Justice;240
6.7.3.1; Voice;240
6.7.3.2; Decision Control;242
6.7.3.3; Group Value Theory;244
6.7.4; Conclusion;245
6.7.5;References;246
6.8;13 A Social Psychological Perspective of Disability Prejudice;247
6.8.1; Overview of the Current Work;248
6.8.2; When Might People Experience Disability Prejudice;249
6.8.3; What Does Disability Prejudice Look Like;253
6.8.4; Summary and Concluding Remarks;257
6.8.5;References;258
7;Index;261