Mountaineers Aging with Pride: Employment & Housing Discrimination Against Transgender People

Approximately 14 percent of the 1.5 million Americans who are transgender are adults over age 65. Initiatives and programs that are meant to address the disparities and challenges seniors face are often forgotten and underfunded.

Specifically, employment and housing discrimination take a significant toll on LGBTQ+ seniors. 70 percent of transgender adults who are over 65 have reported that their gender transition was delayed to avoid discrimination in the workplace and other employment settings. According to the National Transgender Discrimination Survey (2011), 90 percent of those responding to the survey has experienced discrimination at work and 24 percent had even lost their jobs because their employer was not comfortable with their gender identity. Housing discrimination is also an issue. The same survey found that 19 percent of those responding to the survey had been denied a home/apartment because they were transgender and 11 percent had been evicted. Health and aging disparities experienced by transgender seniors are brought about through layers of discrimination, including through employment and housing. Employment and housing are just two examples affecting transgender seniors, but working to fix this obstacle is a step by step process.

West Virginia is one of the 29 states that does not have a statute to ban LGBTQ+ discrimination in employment settings. However, last year a WV transgender man won a case through our Human Rights Commission, Livingood v. Public Defender Corp., that sets precedent for protection of LGBTQ+ individuals against discrimination in the state of WV. Although this is a big step for transgender rights in WV, there is still a lot to be done.

West Virginia Senior Legal Aid is here to provide legal assistance to ALL West Virginia seniors. We want to make sure LGBTQ+ senior West Virginians know and can exercise their legal rights. Any senior West Virginian age 60 or over can call us at 1-800-229-5068 to speak to a lawyer for free and to be treated with respect by all our staff.

contributed by Katie McCausley, Public Interest Law Fellow at WVSLA

Mountaineers Aging with Pride: Social Security Administration creates new LGBTQ+ web portal

Social Security and Medicare are two critical supports for most older Americans and older West Virginians, no matter their gender or sexual orientation. There are also some unique legal issues that LGBTQ+ seniors can face regarding eligibility for these benefits. The Social Security Administration (SSA) has created a new web portal and some new information sheets targeting LGBTQ+ beneficiaries and potential beneficiaries.

Specifically there are some US Supreme Court cases that establish the rights of individuals in same-sex couples who have been wrongfully denied legal marriage, which can be the door that leads to eligibility for benefits. You can read more about how these cases have changed who can be eligible in this new fact sheet from SSA https://www.ssa.gov/pubs/EN-17-019.pdf

SSA's new LGBTQ+ web portal, also available in Spanish, was published this month in celebration of Pride. Like other pages on the SSA website it is likely to continue to expand. https://www.ssa.gov/people/lgbtq/

We still have a long way to go to create real equity and fairness. West Virginia Senior Legal Aid is dedicated to providing legal assistance that promotes the autonomy of every senior, and we seek to do a better job servin LGBTQ+ senior West Virginians who can use our help. Any senior West Virginian age 60 or over can call us at 1-800-229-5068 to speak to a lawyer for free and to be treated with dignity and respect by all our staff.

Mountaineers Aging with Pride: Elder Abuse Among LGBTQ+ Individuals

June 15th is World Elder Abuse Awareness Day. June is also PRIDE Month. As we take this time to recognize all elders that have been and are currently experiencing abuse, let us also recognize specifically LGBTQ+ elders that have experienced physical, sexual, mental, emotional, financial, and other types of abuse.

In a study done in 2001 by D’Augelli & Grossman, 416 LGB elders (transgender elders were not included in the study) age 60 or older, it was found that 65% of those elders had experienced some type of abuse because of their sexual orientation. In another survey done in 2009, 3,500 LGBT elders (55 or older), 8.3% of them reported to be abused or neglected by a caretaker because they were an LGBT individual and 8.9% were blackmailed or financially exploited. (Frazer, 2009)

Mistreatment and discrimination of LGBT elders happens in long-term care facilities, too. Facility staff might refuse to accept LGBT resident’s power of attorney, deny visitors, psychologically abuse a resident, or even a failure to provide proper medical care. A study published in 2011 by National Senior Citizens Law Center with the collaboration of others, reported LGBT individuals, or someone they knew, was denied medical treatment because of their perceived sexual identity. 46% reported that they or a loved one was not comfortable self-identifying with medical staff. This has resulted in LGBTQ+ elders being “recloseted” because of fears they have for their health and safety as an LGBTQ+ individual in a long-term care facility. Those who are residing in long-term care facilities have the same rights to be free from discrimination as people living in the community.

There are numerous reasons why LGBTQ+ seniors may struggle to seek help after abuse. Many LGBTQ elders grew up in a homophobic environment, so they can be prone to hide their sexuality or gender identity. There are some people who experience guilt and shame and legal discrimination. An example of legal discrimination would be discouraging elder LGBTQ+ victims from getting out of abusive relationships because they have little to no legal rights to the money and assets between them and their partner.

West Virginia is not the exception. We are included in the numbers. Everyday seniors in West Virginia are experiencing physical, sexual, mental, financial, and emotional abuse. We at WV Senior Legal Aid are here to help seniors prevent and remedy abuse in West Virginia. If you are 60 years or older and a resident of WV, call us at 1.800.229.5068 to talk to an attorney for free.

contributed by Katie McCausley, Public Interest Law Fellow at WVSLA

Mountaineers Aging with Pride: LGBTQ+ Individuals Aging Solo

The United States is a country where elder care is primarily the responsibility of partners and adult children. According to SAGE, LGBTQ+ elder adults are TWICE as likely to live alone and FOUR TIMES as likely to not have children. With that being said, LGBTQ+ seniors are more likely to struggle with successfully aging into their communities. This obstacle also stems from possible years of discrimination, therefore LGBTQ+ seniors are hesitant, or even afraid, to reach out and access the support and resources that are essential for them to flourish as an aging adult.

Aging adults rely on spouses, children, and sometimes other relatives to take the workload of caring for them as they age. A U.S. Census Bureau report showed that out of the 47.9 million informal caregivers in the United States, 89 percent of those individuals are caring for a family member. However, our laws do not always provide protection for aging for all types of individuals and families.

As we enter into PRIDE month, it is the perfect time to recognize that many LGBTQ+ seniors may be facing the aging process alone, therefore we think it is important to be prepared and informed about aging on your own. There are steps that can be taken in the aging process that increase the likelihood your wishes will be respected in later life. Steps include, but are not limited to, creating and updating your powers of attorney for healthcare and finances, guardianship and representative payee advance designations, and letters of intent. We at WV Senior Legal Aid care about seniors aging in West Virginia and can help answer your questions about your plan for aging well. If you are 60 years or older and a resident of WV, call us at 1.800.229.5068 to talk to an attorney for free.

contributed by Katie McCausley, Public Interest Law Fellow at WVSLA