Elder Care Discrimination

Every morning I search the news to find something to comment on, sometimes there are a lack of real stories to write about and then wham!

A US Army vet was rejected from multiple elder care homes. She says it's because she's transgender
USA Today via Yahoo News*
By Marc Ramirez,
November 14, 2021


Lisa Oakley loved living in Craig, Colorado. Deer roamed the backyard, and every summer, she and a buddy would take her 16-foot camp boat out on the reservoir, where they'd fish for pike and smallmouth bass.
[…]
Last year, when she became unable to care for herself alone, Oakley, a U.S. Army veteran, hoped to live at Craig's local long-term care facility and remain in the community where she'd felt comfortable for 25 years.

Instead, she was denied placement and not just there, but at dozens of long-term care facilities statewide. To Oakley and her advocates, the reason for many of those rejections was simple – and illegal: Because she's transgender.

“When they found out I was transgender, a lot of facilities didn’t want me,” said Oakley, who eventually landed at a skilled nursing facility in Grand Junction, nearly three hours away from Craig. “A lot of transgender people, I’m sure, face the same thing. We’re humans, just like everybody else.”

The case, advocates say, illustrates both the challenges that LGBT elders face as they age and require long-term care – issues destined to escalate as the elder LGBT population grows. It also shows, they say, that existing protections aren’t enough, underscoring the importance of passing the federal Equality Act, which would prohibit discrimination based on sex, gender identity and sexual orientation.

Hold it right there!

There is federal and state levels protections for us.

Lets look at the federal protections first, NCTE writes.

KNOW YOUR RIGHTS: FAIR HOUSING AND TRANSGENDER PEOPLE
March 2012


The Fair Housing Act prohibits discrimination based on sex in the sale or rental of housing and in mortgage lending. In recent years, courts have increasingly held that discrimination because a person is transgender, or because he or she fails to conform to gender stereotypes, is sex discrimination under federal civil rights laws. In 2010, the U.S. Department of Housing and Urban Development (HUD) issued guidance stating that it would investigate complaints of housing discrimination against transgender people based on this understanding of the law.

The law also covers long term care (LTC) facilities.

Then we have Section 1557 of the Affordable Care Act’s (Obamacare). Health Affairs...

On May 10, 2021, the Office for Civil Rights (OCR) within the Department of Health and Human Services (HHS) announced that it will interpret Section 1557 and Title IX, which prohibit discrimination on the basis of sex, to include discrimination on the basis of sexual orientation and gender identity. The new interpretation is being made pursuant to Bostock v. Clayton County. In that case, the Supreme Court—in a 6-3 decision written by Justice Gorsuch—held that Title VII’s ban on sex discrimination bars workplace discrimination because someone is gay or transgender. OCR also issued a notice of this new interpretation and its intent to enforce Section 1557 through its complaints and investigations process.

Plus we have state protection in something like 26 states. Here in Connecticut we have very strong protections with our laws and with the state agencies in charge of administering the law.

We just finished a needs assessment for the LGBTQ+ community and some of the findings are to say the very least astounding!

Housing Services

• About one-third (36%) of respondents accessed housing services in the past three years.
• Of those that had accessed services, the top housing services accessed included obtaining a mortgage/loan and/or refinancing (8%), finding/accessing affordable housing services options (5%), 211(4%), and housing services through a LGBTQ+ organization (4%).
• The top concerns/barriers related to accessing housing services included concerns that the services would not be LGBTQ+ friendly, 9%, not being able to afford the service, 9%, concerns that provider(s)/staff are not specifically trained for my needs as a LGBTQ+ member, 8%, and the wait time to receive help is too long, 8%.

Additional Housing Services Comments. Respondents also shared open-ended feedback about their experiences accessing housing services. Salient themes from those comments include:

• •211. Respondents mentioned that their experiences using 211 have not been helpful, especially for those experiencing homelessness. Some also have concerns for transgender individuals as their experiences with 211showed operators were not competent or sensitive to trans-specific needs for housing/placements.
• •Affirming and Supportive Services. Respondents mentioned the need for more LGBTQ+ friendly services related to housing (e.g., real estate agents, rental groups, attorneys, and financial assistance services) or assistance with how to find these services. Some also felt housing service agencies/providers should have LGBTQ+ competence training.

[…]

• Intersectional Needs. Respondents mentioned that their gender identity, sexual orientation, race/ethnicity, ability (physical or mental health-related), and/or documentation status particularly compounded their experiences related to housing. These experiences included not being able to work to afford most housing options or lacking access to accommodations needed to live.

[…]

• Older Adults. There were specific housing comments related to the older adult LGBTQ+ population. These comments included concerns related to the inclusivity and safety of senior housing or assisted living facilities and affordability/financial assistance for those looking to live in their own home.
• Safety Concerns and Discrimination. Some respondents noted that they did not disclose

However even with years of education and training we are still facing discriminations. A group of us from US HUD, CT Coalition to End Homelessness, CT Fair Housing Center, AIDS CT, and CT TransAdvocacy Coalition (Me) did training around the state for homeless shelters and also 211 for a couple of years to no affect. What I see as one of the problems was we did training for the managers and not the staff and I don’t think it never got passed the managers.

And we are facing the same thing in LTC facilities. Social isolation, staff outing them, and not getting the proper healthcare. Some LTC are heeding the call, but others are lackadaisical about obeying the laws. They see that they will only get a slap on the wrist so why bother with the training and following the law.

According to the survey; about five percent of the respondents said that they lined in a senior housing, a retirement community, assisted living, and/or nursing home. One of the comments mentioned in the report said;

“We need LGBTQ+-welcoming retirement communities, assisted living, and nursing homes. I don't want to have to go back in the closet if I need to move to a residential community.”

What I think will bring about the change is a good hefty law suit and fines. That is the only way to get the shelters and 211 attention… in their pocketbook.

Where to file a complaint:

• The Department of Public Health (DPH) has an online complaint form for complaints against nursing homes
• The Long Term Care Ombudsman (LTCOP) is a federally mandated advocate for nursing home, assisted living facility, and residential care home residents.
• The  Commission on Human Rights and Opportunities: How to File a Discrimination Complaint
• The Connecticut Fair Housing Center (A non-profit NGO) - Report Discrimination

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* The USA Today article is behind a paywall just to show you how stupid that is, the same article is on various news sights that are not protected by a paywall.