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Acknowledgments |
5 |
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Contents |
6 |
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Contributors |
8 |
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1 Finding the Assumptions in the Law: Social Analytic Jurisprudence, Disability, and Aging Workers |
10 |
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Empirical Documentation of Existing Biases and Limitations |
11 |
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Age and the Workforce |
11 |
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Disability and the Workforce |
14 |
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The Role of Research in Policy Development |
17 |
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Application of Social Analytic Jurisprudence to Age Discrimination |
19 |
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Disparate Treatment of an Individual Claimant |
19 |
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Testing Assumptions of Intentional Age Discrimination |
24 |
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Disabilities and Reasonable Accommodations |
30 |
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Summary and Conclusion |
37 |
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References |
37 |
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Part I Aging and Discrimination |
43 |
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2 Ageism: The Strange Case of Prejudice Against the Older You |
44 |
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Mountains or Molehills |
44 |
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Planting the Seed of Ageism |
45 |
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History |
45 |
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Cultural Views |
45 |
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The Root of Ageism Is Fear of Death |
46 |
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Terror Management Theory |
46 |
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Ageism Is Institutionalized |
47 |
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Younger People Speak Differently to Elderly Persons |
48 |
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But Our Brains Cant Help Being Ageist |
49 |
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Helper, Heal Thy Self |
50 |
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Conclusion |
51 |
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References |
52 |
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3 Disability and Aging: Historical and Contemporary Views |
55 |
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Introduction |
55 |
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Defining Disability and the Civil War Pension Scheme |
56 |
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Disability and Aging, 150 Years Ago |
59 |
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Disability and Aging Today and Tomorrow |
63 |
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Employment and Attitudinal Discrimination |
65 |
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Today's Veterans of the Middle East Wars |
67 |
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Global Opportunities in Human and Economic Rights |
69 |
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Closing |
71 |
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References |
71 |
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4 The Aging Workforce and Paid Time Off |
77 |
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Work Interruption for Health-Related Personal and Family Care |
79 |
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The Aging Workforce and Worker Health |
79 |
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Health- and Care-Related Work Interruptions |
80 |
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Normative Arguments Favoring Intervention |
81 |
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Existing Protection Against Health- and Care-Related Work Interruption |
83 |
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Unpaid Benefits -- The Family and Medical Leave Act |
83 |
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Paid Benefits: Private |
85 |
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Paid Benefits: Public |
86 |
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Sick Leave |
86 |
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Short-Term Temporary Disability Insurance (TDI) |
87 |
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Social Preferences and Accommodation of Older Workers |
88 |
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References |
94 |
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5 Baby Boomers at Work: Growing Older and Working More |
98 |
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Legal Framework for Workplace Age Discrimination |
99 |
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Empirical Research and Implications for Workplace Age Discrimination |
102 |
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Societal Acceptability of Ageism |
103 |
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Procedural Fairness and the Self-Acceptance of Ageism |
104 |
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Legislation Against Age Discrimination Is Not the Answer |
106 |
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References |
108 |
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Part II Disability and Discrimination |
111 |
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6 The Relationship Between Disability DiscriminationINTnl |
112 |
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Workers Compensation Overview |
112 |
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Workers Compensation Developments in Recent Decades |
113 |
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Effects of These Developments on Cash Benefits |
114 |
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The Relationship Between Age and Three Important Variables: Health Status, Work Disability, and Sources of Medical Conditions |
117 |
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Health Status |
117 |
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Work Disability |
117 |
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Sources of Medical Conditions |
118 |
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The Link Between Disability Discrimination and Age Discrimination |
121 |
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Conclusions |
122 |
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References |
123 |
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7 The Stigma of Disabilities and the Americans with Disabilities Act |
125 |
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Introduction |
125 |
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The Stigma of Disabilities |
127 |
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The Legislative Paths |
132 |
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The Passage of the Rehabilitation Act |
133 |
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The Passage of the ADA |
134 |
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The Supreme Courts Interpretations |
138 |
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The Impact of the ADA |
142 |
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Cases |
144 |
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References |
144 |
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8 Age and Disability Within the Scope of American Discrimination Law |
146 |
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Comparing the Top Four |
147 |
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Thinking About the Intersection of Age and Disability |
154 |
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Conclusion |
154 |
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References |
155 |
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9 Implicit Attitudes and Discrimination Against People with Physical Disabilities |
157 |
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The Stigma of Physical Disability: Historical and Conceptual Background |
158 |
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Integrative Theoretical Frameworks |
161 |
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Ambivalent Attitudes |
161 |
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Dual Processes |
165 |
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Stigma, Disability, and Interactions: Re-examining the Literature |
169 |
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Nonverbal Behaviors |
169 |
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Verbal and Nonverbal Mismatches |
171 |
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Implications and Conclusions |
173 |
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References |
176 |
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10 Cross-Cultural Perspectives on Stigma |
184 |
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Stigma and Modern Day Issues |
186 |
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Aging |
189 |
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American Indian Notions of Elderly |
190 |
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Mental Illness |
191 |
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American Indians and Mental Illness |
192 |
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How to Integrate Divergent Stigma Perspectives Between Cultures Within the Law |
195 |
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References |
197 |
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11 Disability and Procedural Fairness in the Workplace |
204 |
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A Brief History |
205 |
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Procedural Justice and the ADA: Do Procedures Influence Satisfaction Beyond Accommodations |
208 |
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Potential Moderators of Procedural Fairness Effects |
211 |
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Research on Procedural Fairness and Beliefs About Deservingness |
212 |
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Deservingness Judgments in a Workplace Disability Context |
215 |
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Decision Makers Versus Decision Recipients: Role as a Moderator of Procedural Fairness Concerns |
218 |
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Role Effects in a Workplace Disability Context |
221 |
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Research on the Symbolic Consequences of Respect: In-Group Versus Out-Group Encounters |
221 |
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Ingroup Versus Outgroup Respect in a Disability Context |
224 |
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Summary |
225 |
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References |
227 |
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12 Procedural Justice and the Structure of the AgeINTnl |
233 |
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The Procedural Structure of the Age and Disability Laws |
234 |
|
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Groups and the Age and Disability Laws |
237 |
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Thinking About Procedures and Groups Under the ADEA and the ADA: Implications for Research on Procedural Justice |
240 |
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Voice |
240 |
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Decision Control |
242 |
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Group Value Theory |
244 |
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Conclusion |
245 |
|
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References |
246 |
|
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13 A Social Psychological Perspective of Disability Prejudice |
247 |
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Overview of the Current Work |
248 |
|
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When Might People Experience Disability Prejudice |
249 |
|
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What Does Disability Prejudice Look Like |
253 |
|
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Summary and Concluding Remarks |
257 |
|
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References |
258 |
|
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Index |
261 |
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