Category Archives: Gender Discrimination

Rainbow Alliance Scores Early Victory in Battle Over University of Pittsburgh’s Gendered Facilities Policy

The first volley in a challenge to the University of Pittsburgh’s gendered facilities policy was resolved in the challengers’ favor last week, when the Pittsburgh Commission on Human Relations denied the University’s motion to dismiss a gender discrimination complaint filed by the Rainbow Alliance, a student group represented by the Women’s Law Project and Drexel University Professor David S. Cohen. As a result of this ruling, Rainbow Alliance’s case against the University will move forward.

Rainbow Alliance filed its discrimination complaint in April 2012, after University officials announced that students and faculty would be permitted to use only those bathrooms and other gender-specific campus facilities that correspond to the gender on the user’s birth certificate. This policy has had a particularly harsh impact on transgender students and faculty, as well as people whose gender expression does not conform to traditional gender roles.

Transgender people who don’t want to run afoul of this policy must travel with their birth certificate within easy reach and be prepared to produce it if challenged at the bathroom door. Moreover, changing the sex designation on one’s birth certificate can be a difficult, expensive and time-consuming process for transgender people; and in some jurisdictions, it is impossible.  For anyone without a corrected birth certificate, the choices are grim: violate the policy and risk the consequences; go off campus to search for a restroom; or endure the humiliation and harassment involved with using a restroom reserved for the opposite gender.

To bar transgender people from bathroom facilities is to bar them from full participation in the University community. Congratulations to Rainbow Alliance for challenging this policy!

For more information about the Women’s Law Project in fighting against gender discrimination and LGBT rights, please visit our web site.

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Filed under Gender Discrimination, LGBT, Pittsburgh, Sex Discrimination, Sexual orientation

Pregnant Workers Fairness Act: Press Conference Tomorrow

Tomorrow, September 14, 2012, U.S. Senator for Pennsylvania, Bob Casey, will announce the introduction of a companion bill to the Pregnant Workers Fairness Act (H.R. 5647) at a press conference at 10:30 AM (in the large conference room at 2000 Hamilton Street, Philadelphia).  If you plan to attend the press conference, please RSVP to ecusack@maternitycarecoalition.org.

In the post below, the Women’s Law Project discusses the need for this legislation, which, if passed, would ensure that pregnant workers have the right to reasonable accommodations if pregnancy limits their ability to perform certain job functions.

Reposted from 5/8/2012:  The Pregnant Workers Fairness Act Offers Hope for Women in the Workplace, If Congress Passes It

“Tina,” who is pregnant and works as a health aide in a nursing home, is told by her doctor that she should not lift more than 35 pounds.  Her job description requires lifting 40 pounds regularly, but lighter duty jobs, such as answering the phone and working at the reception desk, are available.  Nevertheless, her employer stops scheduling her for shifts and tells her she must take unpaid Family Medical Leave, which would run out before the delivery of her baby and leave her without the income she needs to pay the 50% of her medical insurance her employer does not cover.  Left with no choice, Tina loses her job.

“Jessica,” who is pregnant and works as a pharmacist’s assistant, needs to sit down occasionally throughout her day.  Chairs are available for customers, but the pharmacy does not permit the staff to use them.  As a result, Jessica loses her job.

For women like Tina and Jessica, whose stories are based on the experiences of real women who have called the Women’s Law Project, current anti-discrimination laws often do not go far enough.

Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA), prevents an employer from treating a pregnant woman differently from how that employer treats non-pregnant employees who are similar in their ability or inability to work.  Some courts, however, have limited the protections of this federal law by requiring pregnant employees to identify a non-pregnant employee who works in the same role and has almost identical limitations but is treated better by the employer in order to succeed with a lawsuit.  Some courts even permit employers to refuse to accommodate pregnant employees when they accommodate non-pregnant employees because pregnancy is not a work-related condition.  In short, despite the PDA, pregnant women are often treated differently from other employees with similar limitations.

Other laws do not provide better protections for pregnant women. Courts interpret the Pennsylvania Human Relations Act (PHRA) similarly to Title VII/PDA.  In addition, the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations to disabled employees, usually does not apply to women experiencing ordinary pregnancy.

A handful of states have laws that prevent employers from terminating women from employment or forcing them to take paid or unpaid leave when a reasonable accommodation is available, but Pennsylvania is not one of those states.  As a result of this gap in the law, many pregnant women in Pennsylvania, like Tina and Jessica, find themselves unemployed suddenly, without economic security and often without health insurance at a time when access to health care is crucial.

For Pennsylvania’s pregnant women and for women in many other states, the proposed federal Pregnant Workers Fairness Act would offer important workplace protections.  Introduced on May 8, 2012 by Representative Jerrold Nadler (D-NY) and other representatives in the House, the Pregnant Workers Fairness Act would:

    • Require employers to make reasonable accommodations to employees who have limitations on the job related to their pregnancy, childbirth, or related medical condition, unless the accommodation would impose an undue hardship on the employer.
    • Prohibit employers from retaliating against employees who need an accommodation.
    • Prohibit employers from forcing a pregnant employee to accept an accommodation she does not want.
    • Prohibit employers from forcing a pregnant employee to take unpaid or paid leave if a reasonable accommodation is available.

The Pregnant Workers Fairness Act is modeled after the Americans with Disabilities Act, which has been in effect for over two decades.  Thus, the Pregnant Workers Fairness Act employs a familiar framework that simply requires that employers provide reasonable accommodations that do not present an “undue burden.”  If passed, this law would help pregnant women stay employed and maintain their economic security and benefits, promoting the health of mothers and their families, while imposing only a minimal, temporary burden on employers.

Please contact your representative and tell them that they should support the Pregnant Workers Fairness Act.  To call your representative, dial 202-224-3121 and tell the operator the name of your representative.

For more information on this bill, take a look at the National Women’s Law Center’s Fact Sheet.

To learn more about the effects of sex bias and discrimination in the workplace on women’s health, see WLP’s report, Through the Lens of Equality: Eliminating Sex Bias to Improve the Health of Pennsylvania’s Women.

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Filed under Gender Discrimination, Health Care, Pregnancy, Pregnancy Discrimination Act, Women's health

DOJ Issues Ground-breaking Consent Decree Addressing Gender Bias

By Carol E. Tracy, Esq. and Terry L. Fromson, Esq.

The Women’s Law Project (WLP) commends the Department of Justice (DOJ) on its ground-breaking consent decree with the City of New Orleans, which addresses gender bias in the police response to and investigation of reports of sexual assault and domestic violence.  This consent decree followed the March 2011 publication of the DOJ’s report on its investigation of the NOPD.  The WLP identified the NOPD as one of the many police departments which have chronically failed to respond to rape complaints when WLP testified before a Congressional committee in September, 2010. 

In March 2011, the DOJ released a report (pdf) of its investigation of the NOPD. The report addressed many areas of policing but, for women, the most dramatic component was its landmark finding of gender bias in police practice.    

Specifically, the DOJ found that:

NOPD has systematically misclassified large numbers of possible sexual assaults, resulting in a sweeping failure to properly investigate many potential cases of rape, attempted rape, and other sex crimes. We find that in situations where the Department pursues sexual assault complaints, the investigations are seriously deficient, marked by poor victim interviewing skills, missing or inadequate documentation, and minimal efforts to contact witnesses or interrogate suspects. The documentation we reviewed was replete with stereotypical assumptions and judgments about sex crimes and victims of sex crimes, including misguided commentary about the victims’ perceived credibility, sexual history, or delay in contacting the police.

The consent decree, announced by DOJ on July 24, 2012 includes significant steps towards reforming the NOPD’s response to rape complaints. New Orleans has agreed to clarify its procedures for responding to sexual assault, train officers to appropriately classify crimes and conduct interviews in a sensitive manner, increase supervision, and most significantly, establish a committee that includes community advocates to annually review all sexual crimes classified as unfounded or miscellaneous, as well as a random sample of open investigations of sexual assaults.

Both the report and the consent decree establish benchmarks which other cities with similar entrenched practices should take note of and implement. For over a decade, the Women’s Law Project has effectively advocated or improved police response to sexual and domestic violence in Philadelphia and led the reform effort that resulted in the FBI’s recent expansion of the definition of rape for the Uniform Crime Reporting system.  Following the issuance of its report, the DOJ invited the WLP to share with its staff the strategies that it helped to implement in Philadelphia to bring about reform. WLP is gratified to see that the consent decree incorporates several of these reforms. To read more about gender bias in law enforcement and WLP’s continuing work in this area, please see WLP’s 2012 report, Through the Lens of Equality: Eliminating Sex Bias to Improve the Health of Pennsylvania’s Women (pdf).

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Filed under Gender Discrimination, Government, Rape, Sexual Assault, Violence Against Women

Ms. Magazine Reports on the Women’s Law Project and Charlotte Murphy

Molly Duerig, WLP Intern

It’s been forty years since the passage of Title IX, a crucial piece of legislation that prohibits sex discrimination in federally-funded educational programs.  Although we’ve come a long way, cases continue to pop up that prove we still have a good deal of work to do before we obtain gender equity.

Last month, Ms. Magazine featured a story about eleven-year-old Charlotte Murphy of Pittsburgh, Pennsylvania.  Charlotte was distraught last year when her public elementary school disbanded the girls’ basketball team for a season due to lack of funding.  Then she learned that the boys’ basketball team would continue to operate as normal that season.

Charlotte was upset about the school’s decision.  However, unlike most people, she chose to speak up and call attention to the school district’s mistake.  She wrote a letter to the Superintendent of Pittsburgh Public Schools, Dr. Linda Lane, explaining that her school violated Title IX and asking for a meeting to discuss the situation.  Senior Staff Attorney Susan Frietsche of the WLP Pittsburgh office prepared Charlotte for the meeting.  Charlotte’s tenacity and her collaboration with the WLP resulted in a new policy that permits elementary schools in the Pittsburgh Public School District to sponsor a boys’ basketball team only if they also sponsor one for girls. The policy also requires equal treatment for both teams.

Charlotte won her battle and is once again able to play basketball at her school.  This year, there were girls’ basketball teams at 14 elementary schools, up from 3 in previous years.  While Charlotte and her team didn’t win, she was grateful to be given the chance to play just like her male peers.  As Erin Buzuvis, Western New England University law professor and Title IX expert, explained,

If the last 40 years are any indication, Title IX’s success is due to the eternal vigilance of the law’s supporters, who continue to defend it through the political process and in the courts. This vigilance must continue in order for the law to address persistent sex discrimination, and to guard against unwarranted sex segregation.

On the 40th Anniversary of Title IX, WLP looks forward to future successes for gender equity.  We congratulate Charlotte Murphy for her spirited advocacy!

Visit our website to see a video of Charlotte discussing why she chose to speak up and why she thinks Title IX is so important.

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Filed under Athletic Equity, Equality, Gender Discrimination, Pittsburgh, Title IX

Hillary Clinton Launches the Women in Public Service Project

Molly Duerig, WLP Intern

Monday, June 11th, marked the official launch of the Women in Public Service Project (WPSP), a program created by Secretary of State Hillary Clinton that aims to mentor emerging female leaders from all over the world in public policy and social justice.

 Forty-nine women from 21 different countries were selected through an application process to participate in the project. WPSP kicked off its first annual two-week series of intensive seminars, which will focus on how women can successfully lead and influence the governments and societies in which they live. Participants will also have the opportunity to network with global political leaders.

 The project is sponsored by The U.S State Department and the five remaining “Seven-Sister” schools, Wellesley, Bryn Mawr, Barnard, Smith, and Mount Holyoke. The first summer institute will take place at Wellesley College, which is the alma mater of both Clinton and Madeline Albright, the first female Secretary of State.  The other sponsoring colleges, all leading liberal arts colleges, will host the event in the future.

Clinton’s ambitious project will further the pro-women initiative President Obama undertook when he issued the National Action Plan (NAP) on Women, Peace and Security this past December. The Women’s Media Center explained that NAP mandated increased participation of women in the negotiation of peace treaties, as well as a promotion of women’s role in conflict prevention. This program is one that was greatly needed: only 8% of all peace treaties negotiated during the last several years involved women at all.

Furthermore, as State Department ambassador-at-large for global women’s issues Melanne Verveer pointed out, almost half of all peace agreements negotiated during the 1990s failed within five years of their passage. “Peace won’t happen if we leave out half of those who are affected by conflict and will benefit from peace,” said Verveer in support of the NAP.

Her sentiment, crucial to the birth of the WPSP, is shared by many leaders urging increased participation by women in politics. As women continue to be underrepresented in politics, we fail to hear the opinion of half of the population. This leads to a plethora of problems, including imbalanced decisions and a narrow range of expertise and perspective.

Gender equality efforts are underway worldwide. Newly-elected French president Francois Hollande appointed an equal number of women and men to the country’s 34-member cabinet for the first time in history .

Clinton’s hopes are that the WPSP will help this trend to continue on an international level. The project’s ultimate goal is for at least 50% of the world’s elected leaders to be women by the year 2050. Currently, that number is at only 17.5%. According to a Women’s Media Center article, the proportion of women to men in the U.S Congress is only 17%, even lower than the international average of 20% of parliamentary seats held by women. Clinton was quoted as saying she was embarrassed by this statistic. She also stated that, “The World Bank has found that women tend to invest more of their earnings in their families and communities than men do,” adding that “those are the kinds of instincts and priorities we would all like to see” at the government level.

If half of a society’s population fails to have proper representation in politics, the desires and goals of that society cannot be properly met. The WPSP aims to broaden the range of perspectives at the political forefront to include more women, as well as give women the resources and contacts to become effective leaders. Here at the Women’s Law Project, we support and applaud this endeavor. This is a bold and innovative approach to international policy that aims to drastically alter global leadership.

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Filed under Democracy, Education, Events, Gender Discrimination, Government, Women Leaders

Report Released on the 40th Anniversary of Title IX

Nikki Ditto, WLP Intern

As a member of The National Coalition for Women and Girls in Education (NCWGE), the Women’s Law Project is pleased to share NCWGE’s report celebrating Title IX’s 40th anniversary.  NCWGE is a non-profit made up of over 50 organizations dedicated to ensuring equality in education. The report gives a comprehensive look at all that has been accomplished since Title IX was adopted and all that remains to be done. The goal of the report is to “help give educators, parents, students, and lawmakers a better understanding of Title IX’s impact and challenges that remain in many areas of education.”

The report covers Title IX’s role in school athletics, as well as other crucial issues. It outlines six main areas that the act affects and impacts including “athletics; science, technology, engineering, and mathematics (STEM); career and techni­cal education; sexual harassment; single-sex education; and the rights of pregnant and parenting students.” The report offers an analysis of the change that has occurred in each area over the last 40 years, and also provides suggestions and solutions for addressing the equality gaps that remain.

Title IX was passed as a portion of the Education Amendments of 1972. It states that,

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.

Title IX is best known for its impact on high school and collegiate athletics. It has helped to open doors for female athletes to equal participation opportunities and to equal treatment of male and female teams. However, its reach and importance extends far beyond sports. Title IX impacts the education system as a whole and is meant to ensure equality in all areas of education.

The report found that while much has improved in terms of gender equity in education since 1972, much of Title IX is not fully implemented or enforced.  For example, pregnant and parenting students still struggle to have full and equal access to education, and their needs are often ignored (pg.55). Girls are still underrepresented in science, technology, engineering, and math (STEM) fields (17). Sexual harassment is still prevalent across all grade levels, and often keeps students from fully participating in school (37). Many public schools still have sex-segregated classrooms based on faulty scientific research and stereotypes (47) Thankfully, Title IX provides students with a legal basis for challenging the inequalities they continue to face.

The Women’s Law Project has played a role in helping to enforce Title IX throughout the state of Pennsylvania. We supported more stringent and regulated handling of sexual assault cases at Penn State. We have also worked against discriminatory single-sex programs and schools in order to ensure equal access to educational opportunities for children. The WLP has fought for the rights of female students and athletes in a number of cases thanks to the passage of Title IX.

Through this report, the National Coalition for Women and Girls in Education “seeks to inform the continued search for policies that will promote equal educational opportunity in all of these areas,” (2). The report lays out what must be done to establish truly equal access and to continue to improve the situation for women and girls in schools across the country. NCWGE suggests five overarching areas that must be addressed, including “awareness, enforcement, transparency, coordination, and funding” (6), as well as policy changes that effect each area of interest.

On the 40th anniversary of Title IX, it is important to recognize the ways in which Title IX has shaped the last 40 years and how it can be better implemented in the future. Title IX’s passage did not change the world or America’s public education system overnight, and there is still work to be done. We are happy to celebrate this anniversary by looking at how we can continue to make public schools more equal for all students.

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Filed under Education, Equality, Gender Discrimination, Girls, Single-Sex Schools, Title IX, Uncategorized

ACLU Launches “Teach Kids, Not Stereotypes” Campaign

Liz Weissert, WLP Intern

In May 2012, the American Civil Liberties Union (ACLU) announced the launch of their “Teach Kids, Not Stereotypes” Campaign. To initiate this campaign, the ACLU sent letters to various public school districts across the United States including Florida, Maine, West Virginia, Mississippi, and Alabama demanding that they “end single-sex programs that rely on and promote archaic and harmful sex stereotypes.”  In addition to sending these letters, the ACLU is investigating single-sex schooling programs in Wisconsin, North Carolina, South Carolina, Washington, Massachusetts, Indiana, Idaho, and Illinois through the filing of public record requests. The ACLU states that, “single-sex programs are not only unfair; in many cases they are illegal.”

Single-sex education programs often rest on the misguided notion that boys and girls are neurologically different and thus have different learning styles.  There is no scientific basis for this theory, which rests on stereotypes about boys and girls. The National Coalition for Women and Girls in Education (NCWGE) found in their recent report Title IX at 40: Working to Ensure Gender Equity in Education that “many single-sex programs claiming a basis in research are in fact based on claims that amount to little more than repackaged sex stereotypes.” The NCWGE further concludes that “despite assertions to the contrary, separating students by sex has not been proven to improve educational outcomes.”

Indeed sex-segregation itself perpetuates harmful gender stereotypes.  In a Washington Post article, “The Case Against Single-Sex Schooling”, Rebecca Bigler and Lise Eliot discuss the harmful effects of some single-sex schooling programs:

Gender segregated classrooms are detrimental to children in several ways. First, research in developmental psychology has clearly shown that teachers’ labeling and segregating of social groups increases children’s stereotyping and prejudice. […] Classroom assignment based on gender teaches children that males and females have different types of intellects, and reinforces sexism in schools and the culture at large

The NCWGE report includes a full chapter on single-sex education which explores the “potentially harmful” aspects of single-sex education based on gender stereotypes. These single-sex classrooms can be detrimental to the learning of all students. As the NCWGE explains, “assuming, for instance, that boys need active, loud environments focused on abstract thinking skills and girls need quiet activities that emphasize concrete thinking makes it less likely that the classroom will meet the varying learning needs of all students.”

The Women’s Law Project (WLP) has long been involved in challenging unlawful single-sex education in Pennsylvania public schools.  In 1983, in partnership with the American Civil Liberties Union of Pennsylvania (ACLU-PA), WLP accomplished the admission of girls to Philadelphia’s prestigious Central High School, which had long been an all-boys school. Most recently in 2011, WLP, again with the ACLU-PA, successfully opposed Pittsburgh Public Schools’ experimentation with gender-segregated schooling at Westinghouse Academy. WLP joined an amicus (“friend of the court”) brief filed in a lawsuit challenging the implementation of single-sex classrooms in a Louisiana school district, in concert with the Education Law Center, the Public Interest Law Center of Philadelphia, and the ACLU-PA opposing the creation of a boys’ charter school in the Philadelphia School District, and objecting to the Philadelphia School District’s conversion of neighborhood schools in North Philadelphia to single sex schools.  

More information on the Women’s Law Project’s activities concerning single-sex schooling and gender discrimination in education can be found on our website.


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Filed under Equality, Gender Discrimination, Girls, Single-Sex Schools, Title IX, Uncategorized

Pay Equity Bill Voted Down in Senate

Nikki Ditto, WLP Summer Intern and Elizabeth Wingfield, Former WLP Intern

On Tuesday June 5th, the Senate voted down the Paycheck Fairness Act in a largely party-line vote. The bill would have helped to strengthen already existing legislation on gender discrimination in the workplace, but proponents were unable to win the necessary 60 votes in order to pass it.

The Act would have required that employers prove that pay differences are based on qualifications and not on gender. U.S Senator from Pennsylvania, Bob Casey, explained in an article on the Huffington Post that the Paycheck Fairness Act would also help to reduce gender discrimination by:

  • Prohibiting employers from punishing employees for sharing salary information with co-workers.
  • Making discrimination costly to employers by making those who bring gender discrimination cases eligible for compensatory and punitive damages, as is the case with race and ethnicity discrimination cases.
  • Developing new training programs for women and girls on how to negotiate compensation packages and recognizing employers who have eliminated pay disparities.

While the rate of women in the work force has increased, their salaries as compared to their male counterparts have not. As we have blogged about before,  “2010 census data shows women still make only 77 cents to every dollar a man makes. For women of color this discrepancy is even larger. African American women earned only 67.7 cents and Latinas earned 58.7 cents to the male dollar.”  This is all in spite of the fact that women, on average, are more educated than men, and are increasingly acting as dual-earners or sole providers for their families. Pay discrimination for women and minorities is a major problem that has important consequences for families and the economy. 

The Paycheck Fairness act was meant to improve upon previous legislation, like the Lily Ledbetter Fair Pay Act that was passed in 2009. Backers of the bill (largely Democrats) said the Act would have closed loopholes in the 1963 Equal Pay Act and that it is necessary to ensure pay equity. Those who opposed the bill (largely Republicans) argued that “they oppose pay discrimination but disagree with the Democrats’ bill.”

Though the Act only got 52 of the 60 votes needed to be passed into law, Sen. Barbara Mikulski, (D-Md), who was the chief sponsor of the bill, said that she would not be deterred and “vowed to return to the bill until it passes.”  Women, it seems, will remain a central topic for both this Congress and in the upcoming presidential campaigns.

To read the entirety of the Paycheck Fairness Act, click here.

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Filed under Congress, Equal pay, Gender Discrimination, Government

Female Stereotype Threat Hurts Women, Economy

Guest Blogger: Elizabeth Wingfield, Former WLP Intern

In an article for WeNews, Rosalind C. Barnett and Caryl Rivers demonstrate that girls still internalize stereotypes about female performance in math and science, making them less likely to pursue careers in those fields. While the percentage of women in science, technology, engineering, and math (STEM) careers is rising, according to Barnett and Rivers girls need to hear earlier that there are no innate gender differences in math and science if we want to eradicate stereotype threat (“that confidence-killing burden of anxiety”) and therefore see more women  in STEM careers.

Barnett and Rivers report that a 2009 study found “that middle school girls did less well on a math test when told that boys generally did better in math than girls. Even girls who denied they held a belief in girls’ inferiority did poorly. Without the negative information, they score nearly as well as men.” Girls have proven their ability to compete with their male counterparts by taking the top prizes at Google’s first science fair and taking roughly the same number of math and science courses in middle and high school as boys. However, girls still hold a disproportionately low percentage of STEM undergraduate degrees, particularly in engineering. Even those women who do hold undergraduate STEM degrees are less likely to work in a STEM career than their male counterparts. Barnett and Rivers blame stereotype threat for this disparity.

The lack of women in STEM occupations is a “brain drain” that the US cannot afford. According to “Rebecca Blank, acting deputy secretary of the Commerce Department…the lack of women in STEM is harming U.S. ability to compete in the global innovation marketplace.” But, “fortunately…a team led by psychologist Anthony Greenwald at the University of Washington discovered that although girls in the early grades see math largely as a male preserve, they haven’t yet made the connection that ‘because I am a girl, math is not for me.’” These findings suggest that if girls are assured early enough that they are not innately worse at math because of their sex that they will be more likely to pursue jobs in STEM fields later on since they will be less likely to suffer from stereotype threat.

You can read the entire article here.

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Filed under Education, Gender Discrimination, Girls, Sexism

AIDS Researchers Sideline Women: An Example of Sex Bias in Drug Treatment Trials

Guest Blogger:  Elizabeth Wingfield, Former WLP Internred bow aids symbol

A recent Los Angeles Times  editorial revealed that women are underrepresented in clinical trials of ways to treat and prevent HIV infection. While men make up 75% of the U.S. population living with HIV, women make up far less than 25% of most clinical trials. For example, according to the editorial, “a recent report on the promising ‘Quad’ pill — a single daily tablet that combines several medications — noted that one trial had 700 participants. Just 10% were women.” This underrepresentation may have negative health consequences because women metabolize drugs differently from men and some side effects vary based on sex.

The reason for the disparity in clinical studies is thought to be due to the fact that most women who are HIV positive in the U.S. are poor and are either black or Latina. Poor HIV positive women have “less access to medical treatment at universities doing research, and are therefore less likely to be found when researchers are recruiting.”  Also, according to experts cited in the editorial, there “is a lingering mistrust of medical researchers in the black community… partly the legacy of exploitative experimentation on minorities. As a result, women and people of color have traditionally been underrepresented in clinical trials on numerous diseases and conditions.”

The editorial notes that some researchers are doing the right thing by making a greater effort to recruit women for clinical trials. More energy spent recruiting women helps to offset the reasons why poor women and women of color are less likely to participate in research. As an example, “the AIDS Clinical Trials Group has set a floor of 10% participation by women in studies, and it tries for 20%. In addition, it used grant money to hire community health ‘promoters’ at 10 research sites across the country whose job is to make people in minority communities aware of research projects.” Notably, two AIDS Clinical Trials group units run by UCLA last year managed to have a higher percentage of women participate in their studies than live with HIV in Los Angeles. The editorial ends by urging “community health providers… to be…aggressive about staying in touch with research institutions and keeping abreast of studies enrolling new participants [since] women should be encouraged to consider joining those studies.”

In Through the Lens of Equality: Eliminating Sex Bias to Improve the Health of Pennsylvania’s Women, the Women’s Law Project (WLP) discusses the ways in which sex bias in drug treatment trials negatively impacts women’s health.  This bias turns women “into guinea pigs at the medical provider’s office and pharmacy, taking medications with little or no information about their safety or possible side effects,” and the exclusion from clinical trials also denies women the opportunity to receive treatments available and affordable only through the trial.  WLP recommends several ways the Food and Drug Administration, other governmental officials, and pharmaceutical companies can address sex bias in clinical trials, including by offering solutions to practical barriers to participation in clinical trials (such as by providing childcare) and by requiring that the pool of participants in drug trials reflect the prevalence in groups with the condition the proposed drug aims to treat.

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Filed under Drug Trials, Gender Discrimination, Health Care, HIV/AIDS, People of Color, Sexually Transmitted Disease, Sexually Transmitted Infections, Women's health