An unconstitutional and problematic ballot measure on New York ballots this November would threaten the rights of seniors in the state.
More than 4 million older adults live in New York, making it the state with the fourth largest population of seniors in the country. The elderly population is only growing, as the older adult population is rising faster than the general population in most of the state.
If the proposed constitutional amendment called “Proposal 1” is permanently enshrined into the state’s Constitution, “age” would become a constitutionally protected class. Specifically, it would forbid “unequal treatment” based on “age.”
Prop 1 sounds good on paper, but it is vague and would inadvertently endanger any rights, benefits, and services based on age. It opens the door for New Yorkers to abuse the services intended for the millions of older adults.
New Yorkers rightly do not want to be discriminated against based on their age, but sometimes age-specific benefits and services are necessary, especially when it comes to the elderly population. Prop 1 uses a sledgehammer approach, risking existing protections and threatening age-specific rights.
Thousands of older adults in the state rely on senior services from the New York State Office for the Aging (NYSOFA) in partnership with almost 1,200 community-based organizations.
For example, more than 63,000 older New Yorkers receive home-delivered meals, and more than 108,000 receive transportation services to medical appointments and pharmacies. Older individuals also have access to New York elder law services, necessary to prevent elder abuse, based on their age. Other age-specific services include housing, social work assistance, and rent support.
Already seniors face problems, and Prop 1 would only add more.
Looking at all long-term care options over the last two decades, the median annual cost has increased faster than the rate of inflation. Many older New Yorkers are increasingly struggling to afford medication, housing, and health care.
The difficulties of growing older and need for long-term care services especially affect women. Overall, women spend less time in the workforce than men, which results in lower retirement income. They also generally live longer and alone.
35% of women ages 65 and older and 55% of women ages 85 and older live alone. Because of this, almost 30% of women over the age of 65 across the country worry about their current financial situation (compared to 20% of men the same age). The main reasons these women cite are cost of living, lack of savings, and inability to rely on others financially.
If Prop 1 passes, you can bet we’ll see challenges to senior services, housing, communities, and discounts from the state.
These benefits are crucial because the NYSOFA estimates that, by 2025, more than 20% of the New York population over 60 will have functional impairment and need home-based care and services.
As a Brooklyn resident and caregiver of an elderly woman, I have seen firsthand the growing challenges of growing older, especially in a city like New York. Single and with no close family nearby, my friend relied on state senior services when she fell and entered a nursing home and rehabilitation center.
When she transitioned from a nursing home to her home (the desire of most older Americans), she could not have done it without senior services. Because of her age, she continues to depend on services like home-based care and health care. Prop 1 would only add more challenges to her life and the lives of millions of older New Yorkers.
Proponents of Prop 1 will tell you that the ballot measure is essential to prevent age discrimination, but New York seniors already have protected rights under federal, state, and local law.
Under the federal Age Discrimination in Employment Act, many employers cannot base employment decisions on age. New York State law goes further, preventing all employers, no matter the size, from basing hiring, firing, or other workplace decisions on age.
New York Human Rights Law already prevents discrimination based on age in a variety of other contexts as well, including housing, credit, and education. New York City law also protects against age discrimination, including through a Senior Citizens Bill of Rights and Special Rights.
We can show we value the dignity of seniors in our community by standing for their rights. Prop 1 would further contribute to the difficulties New York seniors face every day. Instead, policymakers should look to increase options for senior services and benefits and look for creative ways to care well for our elderly population.
We must ensure senior-specific services and benefits continue in New York while forbidding discrimination of elders by saying no to Prop 1.
McCoy is the state affairs manager at Independent Women’s Voice (iwv.org).
