Age Discrimination

Age discrimination in the workplace is a problem that has been addressed by lawmakers since the 1960’s but continues to be a serious problem. According to study.com, age discrimination is defined as “the practice of letting a person’s age unfairly become a factor when deciding who receives a new job, promotion, or other job benefits. Decisions about terminating employees also cannot be solely based on their age.” Age discrimination is illegal and there are laws to protect people from it.

The Law

The Age Discrimination in Employment Act (ADEA) is the federal law that protects job applicants and workers over the age of 40 from age discrimination. There are a few exceptions of groups that are not included in the ADEA. These include elected officials, military personnel, and independent contractors. The law applies to employers with at least 20 employees or labor organizations with at least 25 members. It also applies to employment agencies, the federal government, and state and local government. Along with the ADEA, all states have laws that protect workers against age discrimination and in most cases these laws are more stringent than the federal law.

ADEA Protection

Under the ADEA, employers are prohibited from using age considerations in hiring, firing, layoffs, demotions, or promotions. In addition, there are several things employers cannot do. Employers may not mention specific age requirements or preferences when placing ads for jobs or recruiting employees. Employees may not be forced to retire at a certain age except in certain limited cases. Age limits cannot be set or specified for training programs and employers may not retaliate against employees that file age discrimination charges.

In addition, employers who provide benefits must provide those opportunities for all employees, regardless of age. However, with benefits that increase in cost with age, employers may provide the same amount of cost assistance for all employees regardless of cost or age.

Identifying Age Discrimination

Age discrimination can take many forms. Age related comments or speaking to older employees in a demeaning manner can become harassment due to age. Harassment based on age is a tactic employer may use in an effort to get older employees to quit rather than firing them when they are deemed too old. When a company has a track record of hiring only younger people, this may be a sign of age discrimination. Getting turned down for a promotion that is then given to a younger, less qualified person or being overlooked for challenging work assignments can be signs of age discrimination. If an employer encourages or forces an employee into retirement, this is age discrimination. Oftentimes age discrimination may come in the form of being left out or isolated. Unfair disciplinary action can also be a tactic used to discriminate against older employees. If an employee suspects that he or she is being discriminated against because of age, these indicators may help in deciding if a claim needs to be filed.

Filing a Claim

Any employee has the right to file a claim if they feel they are being discriminated against because of age. If an employee wishes to pursue a claim, they must first file an administrative claim with the federal Equal Employment Opportunity Commission (EEOC). The EEOC will then contact the employer and investigate the claim. If the EEOC deems the claim to have merit, they will issue a right-to-sue notice.  Then, the employee is allowed to file suit against the employer. Claims must be filed within 90 days of the EEOC’s notice.  With the various rules and requirements of this process, it is important to have competent and timely legal advice.

If you have any questions about something you have read or would like additional information, please feel free to contact us.

Factors of Alzheimer’s Disease of Which to be Aware

According to the Alzheimer’s Association, Alzheimer’s disease is a type of dementia that causes problems with memory, thinking and behavior. Symptoms usually develop slowly and get worse over time, becoming severe enough to interfere with daily tasks. Alzheimer’s affects a growing number of people. There are several factors known to play a role in Alzheimer’s. Let’s look at these factors both positive and negative.

Age

Age is one of the biggest factors to consider when discussing Alzheimer’s disease. Symptoms generally begin for most after the age of 65. However, the proteins that damage the brain can begin taking a toll on the patient well before symptoms appear. The Alzheimer’s Association reports that after the age of 65, the risk of Alzheimer’s disease doubles every five years. Alzheimer’s is associated with old age, but early onset Alzheimer’s occurs in some people, although it is less common.

Genetics

Another factor associated with Alzheimer’s disease is genetics. Although family history is not necessary for a person to develop Alzheimer’s, a person with a parent or a sibling with Alzheimer’s disease is at greater risk of developing the disease. If more than one first-degree relative (meaning a person’s parent, sibling or child) has Alzheimer’s, the person is at even greater risk.

There are specific genes that can increase the risk of Alzheimer’s disease. If a person receives a gene from one parent they are at risk, and genes from both parents increases that risk. Although these genes can determine risk of developing the disease they do not determine that a person will develop Alzheimer’s. In some rare cases, there are deterministic genes that guarantee a person will develop Alzheimer’s disease. There are genetic tests which can identify risk genes and deterministic genes for Alzheimer’s. A person can elect to have these tests to determine their risk for Alzheimer’s disease.

Lifestyle

Lifestyle can be a great factor in helping to prevent Alzheimer’s disease. Researchers have found that aspects of a healthy lifestyle can help to prevent Alzheimer’s disease. Healthy eating, exercise, and sleep are some lifestyle factors that can be preventative medicine for Alzheimer’s. Exercise can help to increase blood and oxygen flow in the brain and eating a heart healthy diet also shows great benefit. In addition, strong social connections have been shown to be a preventative factor for Alzheimer’s disease. Remaining mentally active can also help to reduce the risk of Alzheimer’s. Lifestyle is one factor everyone has control over and can go a long way in slowing or preventing Alzheimer’s.

Other Factors

There are other factors that can determine whether or not Alzheimer’s takes hold or not. Socioeconomic factors can determine whether Alzheimer’s takes hold. Recent research suggests that the more higher-level education a person has, the less likely that person is to develop Alzheimer’s. Head trauma earlier in life can put a person at greater risk for developing Alzheimer’s. Race and ethnicity have also been shown to play a role in risk for Alzheimer’s disease. African Americans and Hispanics are at a greater risk for Alzheimer’s according to research. Gender also plays a role in Alzheimer’s disease. Research indicates that because women are likely to live longer than men, they are also more likely to develop Alzheimer’s disease.

Although we know some of the factors associated with Alzheimer’s disease, there are still many mysteries surrounding it. There is no known cure for the disease and treatments can only slow the progression of Alzheimer’s. With this information, it is important to take control of the risk factors you are able to and be fully aware of early warning signs. Being armed with good information can help to slow or prevent Alzheimer’s from taking hold.

If you have any questions about something you have read or would like additional information, please feel free to contact us.

Using Technology to Reduce Feelings of Isolation

The holidays are upon us and unfortunately many seniors feel even more isolated during this time. Thankfully, technology has provided some interactive gadgets to help lessen feelings of isolation. One of those gadgets, called the GrandPad, is discussed below.

The internet is an excellent way for people of all ages to connect with family and friends. The importance of having a senior connected online cannot be overlooked. As more of us stay connected on social media and less on traditional means of communication, the more disconnected a senior can feel if they are not participating in the online world. A new product designed specifically to help seniors called the GrandPad Senior Tablet can help them to overcome the challenges technology can present and keep them connected to their loved ones.

While the actual product is simply a Nexus 7 tablet, it runs a proprietary version of Android designed specifically for senior users. Some of the standard features include a wireless charging stand, cover, and stylus but its 4G connectivity (Verizon LTE) eliminates the need for a router, broadband internet access, and the information technology knows how to install and maintain its functionality in an ever-changing internet world. So whether your senior is at home, in a nursing facility or at a restaurant, they can immediately link to the internet without searching for a Wi-Fi hotspot. The product also comes insured so if the device is broken or lost the manufacturer will replace it at no additional cost.

The user interface of the GrandPad is explicitly designed for users aged 75 or more, but that does not preclude those aged 55 and older from finding benefits in the tablet. There are three home screens and large arrow buttons that advise the user there are more functions available to explore. The inclusion of a stylus is particularly useful to older fingertips that don’t have the sensitivity of touch they once had. The stylus allows your senior to follow the prompts and navigate by scrolling around one or more of the home screens. Brightly colored, large buttons identify the primary functions of the tablet which include phone calls, email, photos, camera, music, weather forecasts, games, search and help.

Great idea, what could go wrong? Well, everything if you are dealing with a senior who is unfamiliar with being online and using a tablet device. This is when the real value of this product shines. The company supports its user base with a process called “onboarding” where an employee who is specially trained to work with older adults walks your senior through each feature. Most often this tutorial is over the 4G connection however an in-person orientation can happen if a customer service representative is local to your senior. The employee is tasked with customizing your senior’s tablet, populating the device’s memory with songs your senior prefers, setting up accounts in Facebook and Instagram and then configuring the GrandPad so that it will harvest photos and videos from family and friends who are also online and automatically load them into the tablet.

Some seniors can get all they require in one training session while others may need a several-day teaching period. You can also make yourself or another tech-savvy family member an administrator so that you can help to manage the tablet as well. Tracking devices on the tablet will calendar the days, times, and sites the device is most often used to peruse, which gives the admin insight as to what the senior most likes to do and make those interactions more robust. The tablet device is also scaled to handle the photo stream and data overload which can overwhelm a senior. If there is a queue of photos, the device displays a new image once every 90 minutes to lessen the possibility of information overload with the senior’s interaction. The GrandPad allows your senior to see photos and posts from the selected family social media accounts that are linked to their device.

A large HELP icon is prominent and guides your senior to tutorials, browse text help and also to call customer service and make inquiries. The customer service is a live answering service between the hours of 11 PM to 6 AM CST, so there are still some issues to resolve for true 24/7 support. However, there is no other product currently that is explicitly geared to get seniors online with this level of customization and support.

The GrandPad Senior Tablet is one tool to help seniors feel more connected with family and friends. This can help limit feelings of isolation and depression, and lead to better physical health overall.

If you have any questions or would like to discuss how we could help you or a loved one with a comprehensive legal plan, please don’t hesitate to reach out.

Important Estate Planning Lessons We Can Take from Aretha Franklin

Unfortunately, the estate plan of the “Queen of Soul” continues to make headlines! While many headlines continue to sing her praise for the legacy she left for songs like Rock Steady and Respect, others talk about the failure of her estate plan.

Aretha Franklin’s estate plan is no secret now. At first, many predicted that her lack of planning had been misreported. How could a woman with such a successful career, high net worth, and large family, fail to plan? What we have learned, however, is that these reports were not incorrect.

Right now, research tells us that less than half of American adults have an estate plan. This continues to be a disturbing statistic in light of the importance of estate planning for each of us. What could an estate plan have accomplished for Aretha Franklin? Let us share several critical lessons here with you.

  1. Plan to protect your disabled child. Aretha Franklin left behind four sons. One of her sons has been confirmed to be disabled. Unfortunately, an inheritance can disqualify the disabled individual from receiving valuable government benefits such as SSI and Medicare. Through estate planning techniques, such as a special needs trust, a disabled beneficiary can safely inherit.
  2. Avoid costly federal estate taxes. Although the estate tax limit has continued to rise, it still exists. It is important to plan for taxes in life and in death. Due to a lack of planning, Franklin’s estate will have to pay millions in federal estate taxes. No matter what your net worth, bear in mind that the tax laws can change at any time and estate taxes should be a part of your comprehensive plan.

 

  1. Lifetime documents matter. Right now what we are hearing most about is the lack of dispositive planning for Franklin’s estate. What no one is focusing on is how unprotected she was during her lifetime. While creating a last will and testament and a trust agreement is important, equally important is to ensure you are protected during life with documents such as a durable power of attorney. Advanced directives, such as the durable power of attorney or living will, ensure that should you become incapacitated there is a person with legal authority to make decisions for you.

These are just a few of the lessons we can take from the late Aretha Franklin. We know that this article may raise more questions than it answers for you. We encourage you to reach out to us and schedule an appointment to discuss them.

A Great Time to Adopt An Exercise Program

The U.S. Department of Health and Human Services has released its latest findings addressing healthy exercise guidelines for older adults. The overall conclusion is that all aging adults should include aerobic and muscle strengthening exercises as well as add balance training. The authors of the study by the Journal of the American Medical Association (JAMA) state “All three aspects are important for this population because older adults are at an increased risk of falls, and strength and balance are needed to prevent falls.” Physically active adults are better able to engage in activities of daily living and have improved physical function.

The good news is, even if you have never exercised before, you can get benefits from beginning today. Determine your level of fitness and talk to your doctor before beginning any program. To exercise safely, adults with chronic conditions may require exercise modifications either in physical technique or time allotment. Even with a chronic condition older adults should be as physically active as their circumstances allow. The goal is not to outlive your muscles.

General recommendations include all adults get a minimum of 150 to 300 minutes of moderate or 75 – 150 minutes of vigorous-intensity aerobic activity weekly. Two or more days of the week should include muscle strength training. Balance exercises can be natural daily incorporation in your routine with multicomponent physical activities such as dance, certain sports, or yoga. Additional balance (and brain!) training can be achieved by walking backward.

While some of these exercise routines may require a treadmill or weight training equipment, there are ways to add more motion to your daily routine by swapping sedentary behavior with light or moderate intensity physical activity. Many household tasks like vacuuming, dusting, laundry, and gardening are excellent ways to keep you moving, and the work effort provides a more restful, clean environment for when you are ready to sit down and relax.

Aerobic activity is large muscle movement for a sustained period and it improves cardiorespiratory fitness. Many adults know it as endurance or cardio training. Good examples of aerobic exercise include bicycling, jumping rope, running, or brisk walking. All of these, except for bicycling, is bone strengthening activity because the force exerted on your bones helps promote bone growth and strength. If you can’t exercise outdoors gym memberships are often available through your insurance company for free or at a reduced rate and are good places to exercise both for safety and social connection with others.

The gym is also an excellent place for muscle strengthening activity to increase skeletal muscle strength, power, endurance, and mass. If you are not actively working to strengthen your muscles, they will atrophy with age. Weight lifting or resistance training helps keep your muscles healthy. Proper form and familiarity with the gym equipment is a necessity so be sure to get proper training and oversight especially when you are beginning a muscle-strengthening program.

Balance activity is designed to improve your ability to resist forces within or outside of the body that can cause a person to fall while stationary or moving. Lunges are a straightforward technique that helps your balance. Walking backward is an excellent balance activity but must be approached slowly. There are great mental benefits from learning how to walk backward as well as physical ones. Benefits include enhanced sense of body awareness, better body coordination, sharpened thinking skills, and cognitive control enhancement. However, be sure to consult with the gym personnel before engaging in backward treadmill walking.

Multicomponent physical activity is also excellent for improved balance. These activities include certain sports and dance, but one of the best overall is yoga which challenges your static balance as you stand in position and hold without swaying as well as dynamic balance which is the ability to anticipate and react to changes as you move. Yoga is also meditative and is very good for your brain and your ability to calm and center yourself. You can find yoga DVDs available to do at home or a friend’s house. Yoga is an excellent multi-component physical activity for men and women.

The benefits that can be achieved by following this three-pronged approach for exercise cannot be overstated. Overall it will lower all-cause mortality including lower cardiovascular disease and its associated mortality, lower risk of hypertension, type 2 diabetes, and an adverse blood lipid (fat) profile. It can also lower risks of some cancers like bladder, breast, colon, esophagus, kidney, lung and stomach.  In conjunction with one another these three exercise activities improve cognition and quality of life, reduce anxiety and the risk of depression as well as reduce the risk of dementia (including Alzheimer’s). Exercise will improve your sleep and can help reduce weight gain. These three exercise activities will improve your bone health, physical function, and lower the risk of falls and fall-related injuries.

Proper exercise is one of the components to aging successfully, as noted in the Department of Health and Human Services report. Group exercise can also be a great way to socialize with others and reduce feelings of isolation.

If you have any questions or would like to discuss how we could help you or a loved one with a comprehensive legal plan, please don’t hesitate to reach out.

 

Practice Areas