Juneteenth: You are not free until you know you are free

Many of us never learned in school about Juneteenth. We may have learned about General Lee's surrender at Appomattox or President Lincoln's Emancipation Proclamation as the end of slavery in America, but for many African Americans it would actually be two and half years that they were freed.

In Galveston, TX on June 19, 1865 federal troops arrived to take over Texas and impose General Gordon Granger's order No. 3 that all slaves were free and had equal rights.

This day has been celebrated as Jubilee Day or Freedome Day in various places since then, but now nationwide we celebrate it as Juneteenth.

No matter what the law says, if you don't know you have rights you don't really have rights.

West Virginia Governor Jim Justice has enacted a proclamation making Juneteenth a paid holiday for state workers, to be celebrated this year on Friday, June 18. https://governor.wv.gov/Documents/2021%20Proclamations/Juneteenth-%2006-17-21.pdf

At West Virginia Senior Legal Aid we celebrate liberty and justice on Juneteenth, and everyday we strive to continue the fight for racial equity in our state and across the country and the world.

Today is World Elder Abuse Awareness Day

According to the World Health Organization at least 1 in 6 people age 60 or older experienced abuse in the past year.

Elder abuse can take many forms, including physical violence, neglect, financial exploitation, sexual abuse, or psychological abuse.

If we truly respect our elders we cannot allow this to continue. Today is a day dedicated to raising awareness about elder abuse so we can stand up and take action to protect every older person from any form of abuse.

You can learn about elder abuse here. https://www.who.int/news-room/fact-sheets/detail/elder-abuse

A small action that you can take to prevent elder abuse is to talk about it and help raise awareness. You can check on an older neighbor and let him or her know you are available to help and can be trusted. You can tell your legislators that elder abuse is an important concern in our commmunity.

Mountaineers Aging with Pride series: LGBTQ+ and Planning for Aging

Planning for aging as an LGBTQ+ senior. According to SAGE and the National Resource Center on LGBT Aging, LGBT older people are 2x as likely to be single and live alone as well as 4x less likely to have children. While this is not a bad thing, it does pose some unique considerations for LGBT persons as they age. Some of these considerations include deciding who you would like to allow in a hospital or care facility with you, who can assist you in making financial decisions, and what will happen to your assets when you die. Laws frequently assume biological families will be there for the aging process, but the laws are not necessarily built for families of choice. By doing some legal planning in preparation for the aging process, you can help ensure you have the people you want by your side.

All of these issues are particularly true in West Virginia, especially in our more rural communities. It can be harder to rely on support built through social networks in more isolated areas, making planning that much more important. There are various planning steps you can take depending on your unique wants and needs. Advanced medical directives, Transfer on Death Deeds, and supported decision making clauses in Powers of Attorney are just a few of the potential tools for helping you plan for aging. WVSLA can help with these and more! WVSLA celebrates LGBTQ+ senior West Virginians, and seeks to serve your legal needs. If you are at least 60 years old and a West Virginian you can talk to an attorney for free by calling 1.800.229.5068

contributed by Alexis Schneider, Public Interest Law Fellow at WVSLA

Mountaineers Aging with Pride series: Landmark US Supreme Court decision protects rights of LGBTQ employees

Bostock v. Clayton County Who went to court and what happened?
What does it mean for WV?

Landmark Supreme Court decision protects rights of LGBTQ employees. On June 15th, 2020, The Supreme Court of the United States made a landmark decision in Bostock v. Clayton County Board of Commissioners.The Court heard a combination of three cases regarding employees being fired; two for their sexual orientation and one for their gender identity. The Court ruled that under Title VII of the Civil Rights Act of 1964, employees were protected from discrimination based on their sexual orientation or gender identity. The Act prohibits employers from “discriminat[ing] against any individual . . . because of because of such individual's race, color, religion, sex, or national origin . . . .” It was decided that although gender and sexual orientation are not equivalent to sex, discrimination based on gender and sexual orientation cannot be done without a reliance on sex-based discrimination. Sexual orientation and gender identity do not have to be the only reason an employee is fired, they need only be part of the employer’s decision in order for the employer to have violated Title VII.

What does this mean for West Virginians? This decision may have wide ranging impacts for LGBTQ+ people, including those who call the Mountain State home. This particular provision applies to more than just firing employees. It prevents discrimination in hiring, compenation, terms, conditions, and privileges of employment. Now, employers with over 15 employees can be sued for discriminating against applicants and employees because of their sexual orientation or their gender identity. LGBTQ+ employees in West Virginia are protected from discrimination based on their gender and sexual orientation in cases where Title VII applies. So while our state human rights code does not explicitly list sexual orientation and gender identity as protected classes, these are now considered federally protected classes in employment.

contributed by Alexis Schneider, Public Interest Law Fellow at WVSLA