For those who are new to AgingParents.com, we hope you will find this issue informative.
This month, we’re adding a new feature for our caregiver employers, which is
a guest author, and expert in labor law. Her article addresses the problem of sexual harassment, and what employers must do if any complaint comes up.
Carolyn Rosenblatt and Dr. Mikol Davis
Nursing Home Nightmare
First, I caution that the nursing home described in this article is not typical of all nursing homes. Some do a reasonably good job. However, I believe that all families who have someone in a nursing home have to keep watch to keep the elder safe. This true story is one of the worst case scenarios…
This is a case study of a real situation, though the names and details are changed to protect confidentiality.
Two sisters are arguing and in extended conflict about the care of their mother. One sibling, a middle aged woman we’ll call Nellie, lives at mom’s home with mom, and
doesn’t work. She takes care of mom, but not very well. The other sister, whom we’ll call Mary, is worried about Nellie’s unstable mental health, and that she isn’t bathing mom properly or watching her closely enough. Mom has dementia. She’s declining slowly, and can’t be left alone.
For those who followed any part of the high profile case of fraud and financial abuse charges against the son of New York matriarch, Brooke Astor, the guilty verdict against her son may have been no surprise. For those unfamiliar with the facts, Ms. Astor, who died at age 105, had been a very wealthy woman known for large charitable contributions to many organizations. In her later years, her finances were managed by her son, Charles Marshall, and estate planning attorney, Francis Morrisey. Charles was age 85 at the time of his trial.Charles,with the help of Mr. Morrisey, had given himself an unauthorized raise of $1million near the end of his mother’s life,for managing her affairs. He was convicted of grand larceny.
Some who employ home care workers may think that sexual harassment law does not apply to them. If this is your thinking, you need to read more…
Here are some pointers on sexual harassment law. The example given is California law. Similar laws may apply in your state, though states vary in the way they treat this problem.
California’s harassment prevention law (FEHA) applies so long as you have one employee or independent contractor!
California law protects both employees and independent contractorsfrom harassment by supervisors, coworkers, clients, customers,contractors,consultants, vendors, suppliers–anyone with whom the workers have contact in the course of performing their job. Is this true in your state?
Sexual harassment is only one of 10 categories of illegal harassment.