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Health

Ex-CEO Claims She Was Fired For Being ‘Disabled’ After Being Diagnosed With Breast Cancer

Kathleen Mason, ex-CEO of Tuesday Morning (Credit: Lubbock Avalanche-Journal)

Shortly after informing the board of directors of her breast cancer, former CEO of Tuesday Morning was ousted as the head of the furniture retail company last June. Kathleen Mason, who served as CEO for 12 years, has filed a lawsuit against the company, claiming she was discriminated against.

The Wall Street Journal reports this may be an unprecedented lawsuit among cases over alleged discrimination:

While employee suits over alleged discrimination are common, it is rare for one to come from a former CEO. Ms. Mason’s lawsuit, filed on Thursday in county court in Dallas, claims the board wrongfully dismissed her because “it regarded her as being disabled” after she informed some fellow directors about her diagnosis.

Mason, 64 years old, said that she informed board members of her cancer in March and she was asked to resign in mid-May. The board eventually released a letter criticizing Mason hours before she was fired that read, “[she] led an extraordinary destruction of shareholder value.” The company denies her allegations, noting the company’s stock fell nearly 60 percent before she was fired.

Though the law is very clear that gender and health discrimination is illegal, women in the workplace still regularly face repercussions over getting pregnant, taking birth control, or contracting diseases that affect predominantly women. And based on the strong reactions to Angelina Jolie’s recent news that she had a preventative double mastectomy to reduce her risk of breast cancer, it’s clear that the stigma over health issues that affect a woman’s anatomy still exists.

It is unclear whether Mason experienced her own discrimination, but the issue is hardly a women-only issue. Examples abound where employees have lost their jobs over perceived weakness after they developed cancer or recovered from surgery.

Health

OB-GYNs Are Confused By The Political Fight To Restrict Emergency Contraception

This month, the political fight over emergency contraception has intensified, as the Obama administration continues to resist making the morning after pill available to women of all ages over the counter. After a federal judge ordered the FDA to remove all age restrictions on emergency contraception, the administration disagreed, maintaining that girls under 15 years old should still be required be obtain a prescription to purchase the contraceptive method — a position that baffles medical experts.

At the American Congress of Obstetricians and Gynecologists’ recent annual meeting, MedPage Today asked women’s health experts what they thought of the ongoing fight over Plan B. Multiple medical experts went on record to say that they don’t understand why emergency contraception has been such a contentious issue, and they don’t support restricting it for younger teens:

Owen Montgomery, MD: “I would much rather have a 13- to 14-year-old girl who needs emergency contraception have access to it than come to my office with an unwanted pregnancy… In our clinics in the university, we see lots and lots of teenagers. And many of these young ladies have no access to good parental role models, and they need access to emergency contraception when they need access. And they can’t wait for permission from a judge, or someone else of authority.”

Alison Edelman, MD, MPH, of Oregon Health & Science University: “Emergency contraception is a really, really important part of our toolkit for contraception. It helps women who have emergencies, i.e., they aren’t using contraception at the time of sexual activity or they had a misstep with their contraception, like a condom break or slip.”

Barbara S. Levy, MD, ACOG’s vice president for health policy: “There’s failure of other methods. There are rapes. There are other things that occur. Women need to be able to access emergency contraception and have the knowledge and understanding of how to use it, so we can prevent unwanted pregnancies and unintended pregnancies that happen, because life happens.”

Laurie J. McKenzie, MD, of both the University of Texas and Baylor College of Medicine: “I find it very interesting that there are these concessions that are being made in terms of age limitation … There are more deaths associated with Tylenol overdose than there are with oral contraceptive overdoses or potential overdose with Plan B. There have never, to my knowledge, been any overdoses with hormonal contraception.”

Eve Espey, MD, MPH, of the University of New Mexico in Albuquerque: “Plan B should be over the counter… All emergency contraceptives should be over the counter with no age restrictions.”

Indeed, there’s no scientific basis for imposing an age limit on Plan B. Multiple medical groups, including the American Academy of Pediatrics, have expressed support for making emergency contraception easily accessible to women of all ages.

Health

Federal Judge Blocks Arkansas’ Stringent 12-Week Abortion Ban From Taking Effect

Earlier this year, Arkansas Republicans overrode their governor to enact one of the harshest abortion restrictions in the nation, a 12-week ban that would criminalize one out of every 10 abortions in the state. But reproductive rights advocates are fighting back, taking the state to court and ultimately winning an injunction that will prevent the harsh law from going into effect.

The Center for Reproductive Rights, the American Civil Liberties Union, and the ACLU of Arkansas all joined forces to file a lawsuit against the extreme abortion ban, which oversteps Roe v. Wade‘s constitutional right to legal abortion services until about 22 to 24 weeks of pregnancy. On Friday afternoon, a federal judge ruled that the 12-week ban — which was set to take effect in August — cannot be enforced while that legal challenge is still pending.

Nancy Northrup, the president of the Center for Reproductive Rights, praised U.S. District Judge Susan Webber Wright’s decision to grant the injunction against the law. “Today’s decision ensures that the women of Arkansas will remain protected from this blatant unconstitutional assault on their health and fundamental reproductive rights,” Northrup said in a statement. “Such an extreme ban on abortion would have immediate and devastating consequences for women in Arkansas, especially those who could not afford to travel out of state to access reproductive health care.”

Wright’s decision to block the 12-week ban comes just days after her decision to dismiss Arkansas’ request to drop the lawsuit. Wright sided against the state on Wednesday, ruling that the reproductive rights groups may continue with their legal challenge.

Arkansas’ stringent abortion ban is topped only by a new law in North Dakota, which would cut off legal access to abortion services after just six weeks — before many women even realize they’re pregnant. Both laws are “heartbeat” measures, which seek to criminalize abortion after the fetus’ heartbeat can first be detected — a random cut-off that isn’t based in any scientific definition of viability.

Economy

How States Are Leading The Way On Equal Pay For Women

Legislation at the federal level designed to improve women’s economic opportunities appears stalled, including, most recently, the Paycheck Fairness Act and the Pregnant Workers Fairness Act. But some states are taking matters into their own hands and working on similar laws in their legislatures. They could serve as models for what needs to be done at the federal level.

On Tuesday, Vermont Gov. Peter Shumlin (D) signed an equal pay bill into law. The new law will require employers to prove they have legitimate business reasons for paying workers unequal wages, protect workers who discuss pay with each other, provide protections for employees who request flexible work arrangements, give mothers who need to express breast milk at work protection, and improve the process that ensures state government contracts pay equal wages. It also establishes a study committee to look at instituting a paid family leave law.

New York may soon follow in Vermont’s footsteps. In his 2013 State of the State address, Gov. Andrew Cuomo (D) announced a Women’s Equality Agenda that is currently winding its way through the state legislature, and many of the provisions relate to women’s economic opportunities.

One would amend state law to make it explicit that pregnant workers are entitled to reasonable accommodations related to pregnancy and childbirth unless they would create a hardship for the employer. Women are often pushed out of their jobs or fired when they request accommodations like a stool, the ability to drink water on the job, or be given light lifting duties. On a recent conference call about the proposal, Dina Bakst, co-founder and co-president of A Better Balance, recounted the stories of New York women who experienced these responses, including a worker who was pushed out of her job at 17 weeks pregnant because her employer refused to modify a lifting requirement. She ended up in a homeless shelter thanks to the loss of income.

Another provision would prohibit employers from retaliating against employees who share wage information with each other and redefine what exceptions employers can cite for pay differentials so that they can only relate to job performance or business necessity. Yet another would amend New York State’s human rights law to provide explicit protections for workers who have children.

New York goes even further, though, by taking an intersectional approach to women’s equality. While statehouses across the country continue to consider a record number of bills that seek to limit women’s reproductive access, New York’s bill is the only current one that would expand it. The state’s existing laws regulate abortion in the criminal code and only allows for abortion care later in a pregnancy when a women’s life is at risk, not when her health is at risk. If the national precedent of Roe v. Wade were to be struck down, abortion care could be hampered, so the agenda seeks fixes to clarify women’s rights.

While it may seem unrelated to women’s economic opportunities, access to abortion care plays a big financial role in women’s lives. Women who aren’t able to get an abortion when they seek to terminate a pregnancy are three times more likely to fall below the poverty line within two years. Controlling fertility allows women to hold jobs and invest in their education.

New York and Vermont are following other state-level successes for equal pay laws. Texas passed its own Lilly Ledbetter Fair Pay Act to reform the constitution to allow workers more time to file a charge of discriminatory pay. New Mexico passed the Fair Pay For Women Act this year, which also eases the ability to bring cases alleging pay discrimination.

These bills are popular with both the general public as well as the business community. In New York, 84 percent want to enact equal pay legislation and 80 percent want to update the state’s abortion laws. The state’s chamber of commerce has also come out in support. Federal lawmakers may want to take note of the success of these efforts at the state level.

Health

In The World’s Poorest Countries, Demand For Birth Control Is Increasing But Access To It Isn’t

(Credit: The Guardian)

Developing nations around the world aren’t doing enough to ensure that women have access to the family planning services they need, a new report from the Guttmacher Institute finds. The women who want to prevent pregnancy but don’t have access to modern forms of birth control are concentrated mostly in poorer countries, and those countries are lagging far behind wealthier nations when it comes to ensuring women’s ability to use the contraceptive services of their choice.

And the problem is getting worse. Between 2003 and 2012, the total number of women in need of birth control because they wanted to avoid pregnancy increased from 716 million to 867 million — and most of that growth was among women in the 69 poorest countries, where birth control is already more difficult to come by. About 222 million women in developing countries want to use birth control but aren’t currently able to access a modern contraceptive method, and nearly three quarters of those women live in the world’s poorest countries.

“Unless the adequacy of family planning services improves more rapidly than it has in the past decade, he number of women with an unmet need for modern contraceptives will continue to rise, especially in the 69 poorest countries,” Jacqueline E. Darroch, one of the study’s authors, explained in a statement.

Last year, the United Nations declared access to contraception to be a “universal human right.” But that right isn’t being realized for millions of women around the world — and the continued failure to ensure better access to modern birth control results in serious consequences for women in developing nations. Higher rates of unintended pregnancies lead to higher rates of preventable deaths from unsafe abortions, as well as higher rates of infant deaths around the world. Furthermore, giving women the family planning resources they need is an important step toward helping those women achieve economic success and independence.

Unfortunately, persistent class divides plague contraception access even in wealthy nations. Here in the United States, poorer women still struggle to access the birth control method of their choice — and research has demonstrated that when cost barriers are removed, those low-income women choose more effective methods than they would have otherwise.

Health

The Strictest Abortion Laws In The Nation Are Fast Approaching Their Day In Court

The states home to the United States’ harshest abortion restrictions, North Dakota and Arkansas, are both facing legal challenges over their new laws — and in both states, those battles have begun to advance this week.

In North Dakota, reproductive rights activists filed a lawsuit on Wednesday to challenge a measure that threatens to shut down the last remaining abortion clinic in the state. And in Arkansas, a district judge sided with abortion providers on Wednesday, denying the state’s request to drop the lawsuit against its new 12-week abortion ban and allowing the doctors’ challenge against it to continue.

The Center for Reproductive Rights, a New York-based group that assists with litigation to defend women’s right to legal abortion, is also preparing to file suit against several other new anti-choice laws in North Dakota — including a measure that criminalizes abortions after just six weeks of pregnancy. Taken together, all of the new restrictions that North Dakota enacted this session would make it more difficult for women to terminate their pregnancies there than anywhere else in the country.

“‘With their relentless campaign to end safe and legal abortion in North Dakota, lawmakers have effectively told the women of their state, ‘We don’t care about your health, we don’t care about your safety, and we sure don’t care about your constitutional and human rights,’ ” the group’s president, Nancy Northrup, said in a statement this week. “Our message back to politicians hostile to reproductive rights in North Dakota and nationwide is crystal clear: We are going to fight back relentlessly against your attacks on the women of your state.”

When anti-choice lawmakers in North Dakota and Arkansas enacted the new abortion bans earlier this year, they were fully aware that those laws would spark court battles. In fact, North Dakota Gov. Jack Dalrymple (R) even admitted that he decided to sign an unconstitutional six-week abortion ban exactly because he wanted to entangle his state in a legal fight that could “discover the boundaries of Roe v. Wade.” This session, Republican lawmakers — who used to prefer to indirectly undermine women’s reproductive rights — are now favoring more direct attacks that they hope could eventually land the abortion issue back in the Supreme Court.

Of course, those fights don’t come without a cost. North Dakota’s attorney general has already requested an addition $400,000 dollars to defend its abortion bans in court. If abortion-related lawsuits drag on over several years, as they have in Kansas, costs can top $1 million dollars.

Health

North Carolina Women Don 1960s Garb To Protest ‘Vintage’ Bill That Threatens Birth Control Access

North Carolina is advancing a measure that would effectively allow personal beliefs to trump women’s access to birth control. Under HB 730, employers in the state could decide not to include contraceptives in their workers’ insurance plans for any reason — a direct violation of the popular Obamacare provision that stipulates women should receive birth control coverage at no additional cost to them. But as lawmakers debate HB 730, women’s health advocates in the state want them to know they’re not willing to be dragged back to the 1960s without a fight.

“We love a good vintage look — but not when it’s running the state legislature,” the local Planned Parenthood affiliate explained in a press release. That’s why Planned Parenthood supporters dressed up in 1960s clothing to attend a House committee hearing about HB 730 on Wednesday.

The 1960s apparel is intended to communicate that state lawmakers are trying to turn back the clock to past decades, when women didn’t have the freedom to control their own reproductive decisions. Planned Parenthood raised awareness about HB 703 with a Mad Men-themed event in advance of the committee hearing, and then sent dozens of vintage-garbed supporters to Wednesday’s debate (all photos courtesy of Planned Parenthood Action Fund of Central North Carolina):

“We like watching Mad Men — but we don’t want to live in it,” Paige Johnson, the president of public affairs for the Planned Parenthood of Central North Carolina, pointed out. “Women’s preventive care — including birth control — is basic health care. Politicians and bosses have no business denying women access to this basic health care. This shouldn’t be a revolutionary idea, but unfortunately it is to some.”

North Carolina lawmakers aren’t the only ones to consider a foray into 1960s-esque policies. Even though a similar law in Missouri allowing employers to deny birth control coverage was recently struck down by a federal judge, that hasn’t stopped other states from attempting the same method to restrict women’s access to affordable birth control.

And unfortunately for the women in North Carolina, this is hardly the only measure currently being considered in the legislature that could pose a threat to women’s health. State lawmakers are also considering including biased misinformation about abortion in sex ed classes, imposing unnecessary restrictions on abortion clinics that could force them to close, and forcing teens to get a notarized note from their parents before getting tested or treated for STDs.

Health

The Real Policy Solution To Prevent Future Kermit Gosnells

Kermit Gosnell (Credit: Fox News)

Monday’s news that illegal abortion provider Kermit Gosnell has been convicted of first-degree murder has already inspired a flurry of reactions, including several calls to tighten restrictions on legal abortion clinics across the country. Throughout Gosnell’s high-profile murder trial, anti-choice activists have consistently pushed the message that abortion still lacks proper regulations — despite the hundreds of state-level restrictions that continue to be piled onto this aspect of reproductive health care — in an attempt to portray all abortion procedures as inherently dangerous and barbaric.

And now, abortion opponents are continuing to suggest that Gosnell is not an outlier, criticizing the pro-choice community for failing to implement the policies to prevent other unscrupulous providers from repeating his crimes. “Despite the blood-soaked horror of Gosnell’s clinic, Democrats refuse to loosen their embrace of unrestricted, unregulated, taxpayer-funded abortion on demand,” Rep. Steve Stockman (R-TX) said on Monday, suggesting that Gosnell’s case reveals that Democrats “worship” abortion.

But in reality, there’s no such thing as taxpayer-funded abortion on demand. Under the Hyde Amendment, federal dollars are not allowed to fund abortion services. In an ironic twist, the lack of federal funding for abortion services is actually a big contributing factor to the issues at the heart of the Gosnell case. And addressing the public funding ban under Hyde is the real policy solution that could prevent other bad actors like Gosnell from preying on vulnerable women.

Blocking public funds from covering abortion makes for a nice talking point for the anti-choice lawmakers who like to decry the immorality of “taxpayer-funded abortion.” But in practice, the Hyde Amendment means that the low-income women on Medicaid are forced to cover the entire cost of abortion out-of-pocket because their health care plan won’t help cover it. That contributes to a vicious cycle of poverty. Low-income women are more likely to lack access to affordable contraceptive and family planning services, and therefore have higher rates of unintended pregnancies and abortions. They’re more likely to struggle to pay for an abortion. And they’re more likely to slip further into poverty if they’re unable to obtain the abortion they wanted to have.

That’s how the Hyde Amendment, as well as the subsequent state-level bans on public funding that have been modeled on the federal law, ensures that reproductive rights are deeply divided by race and class. Despite the fact that Roe v. Wade has been in place for 40 years, each woman’s access to abortion care is largely dependent on her privilege — and the underprivileged women in the U.S. are paying the biggest price.

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Health

Five States Working To Limit Women’s Access To The Abortion Pill

On Monday, illegal abortion provider Kermit Gosnell was convicted of first-degree murder for the barbaric crimes he committed in his unsanitary Philadelphia-area clinic. Throughout his high-profile murder trial, anti-choice activists claimed that Gosnell’s case proved that abortion is always an inherently dangerous procedure — attempting to conflate incredibly late-term abortion services with first-trimester medication abortions. Even though their claims often fly in the face of scientific fact, abortion opponents have been largely successful at obscuring the medical realities of different types of abortion procedures.

That’s partly why restrictions on the abortion pill, which is medically known as mifepristone, are advancing across the country. Despite the fact that mifepristone is perfectly safe for women to take outside of the doctor’s office — an option that many women prefer, since it allows them the added privacy of taking the medication in their own home — anti-choice Republicans claim that more restrictions are necessary to protect women’s health. But these kind of restrictive state laws actually drive up the cost of the abortion pill, and don’t do anything to improve reproductive health care.

Here are five states where anti-abortion lawmakers are advancing medically unnecessary restrictions on the abortion pill, ultimately inserting themselves between a woman and her doctor:

1. MISSOURI: On Monday, Missouri lawmakers gave final legislative approval to HB 400, a measure that requires doctors to be physically present to administer the first dose of mifepristone and schedule an in-person follow-up appointment two weeks later. Critics of the legislation say it will interfere with women’s relationships with their doctors, as well as impose a serious burden on the women who must travel from different parts of the state to terminate a pregnancy. According to Paula Gianino, the CEO of Planned Parenthood for the St. Louis region and southwest Missouri, about 1 in 5 patients seeking an abortion at her clinic travel at least 100 miles.

2. NORTH CAROLINA: Anti-choice Republicans in North Carolina are currently pushing a package of anti-abortion bills intended to limit reproductive rights from several different angles. The most far-reaching measure is SB 308, which would require the clinics that administer medication abortions to adhere to the same standards as surgical facilities, including making costly updates to the building and requiring physicians to obtain admitting privileges from local hospitals. That’s a common method of attacking abortion clinics, and it often forces them to either stop providing the abortion pill or shut down altogether.

3. INDIANA: Earlier this month, Indiana lawmakers successfully pushed through SEA 371, a measure that is solely intended to prevent a Planned Parenthood clinic in the state from providing the abortion pill to its patients. Just like North Carolina’s proposed bill, the new law in Indiana requires clinic that administer medication abortions to make costly and unnecessary updates to their facilities under the guide of “protecting women’s safety.” When Gov. Mike Pence (R) signed the bill into law at the beginning of May, he repeated the popular anti-choice myth that the abortion pill is “dangerous” — despite all scientific evidence to the contrary.

4. MISSISSIPPI: At the end of April, Gov. Phil Bryant (R) approved SB 2795, which will require women to take the abortion pill in the presence of a physician as well as come in for a follow-up physical examination two weeks later. The measure takes effect on July 1 of this year — and it could represent a significant burden for women in the state. There’s only one abortion clinic left in all of Mississippi, and it’s fighting to remain open as anti-choice Republicans keep trying to shut it down.

5. LOUISIANA: Last month, the Louisiana Senate approved SB 90, a measure that would require a doctor who has completed a residency in obstetrics or gynecology to be physically present when administering medication abortions. If the bill becomes law, doctors who violate the new rule could be fined $1,000, imprisoned for two years, or both.

Requiring doctors to be physically present to administer the pill, even though most clinics don’t currently use that protocol, is a thinly-veiled attempt to ban abortion procedures conducted with the help of internet technology. Allowing doctors to prescribe mifepristone over a video conference helps improve low-income and rural women’s access to abortion services, since they may not be able to make a long trip to the nearest abortion clinic. Studies have shown that this type of abortion procedure is safe and effective. Nonetheless, anti-choice lawmakers continue to launch attacks at so-called “webcam abortions.”

Health

On Women’s Health Week, Angelina Jolie Goes Public About Her Double Mastectomy

Oscar-winning actress Angelina Jolie shared the story of her preventative double mastectomy, a decision she made after discovering she carries a gene that gives her an extremely high risk of developing breast cancer, in a New York Times op-ed published on Tuesday. Her public announcement coincided with National Women’s Health Week, a government initiative to encourage U.S. women to better safeguard their health and seek out preventative care. In Jolie’s editorial, she explains that she hopes other women might benefit from learning about her experience.

Jolie is one of the few woman who carries a rare gene mutation, BRCA1, that predisposes her to breast and ovarian cancers. While the average woman has about a 12 percent risk of developing breast cancer at some point in her life, those with a BRCA1 mutation have an average 65 percent risk. After Jolie underwent the blood testing that revealed her own genetic mutation, her doctors estimated that she had an 87 percent risk of breast cancer and a 50 percent risk of ovarian cancer.

The actress — whose own mother passed away from cancer — wrote that she decided to take preventative measures with her own six children in mind. “Once I knew that this was my reality, I decided to be proactive and to minimize the risk as much I could,” Jolie writes. She shares step-by-step details about the mastectomy procedure and recovery process in her op-ed.

“I choose not to keep my story private because there are many women who do not know that they might be living under the shadow of cancer,” Jolie explains. She notes that although the word “cancer” still tends to strike fear into people’s hearts, and often produces “a deep sense of powerlessness,” she wants other women to know that they have options. And she also hopes to communicate that the health issues that impact women’s anatomy — even breasts, which have become somewhat of a cultural signifier for femininity — don’t serve to diminish womanhood. “I do not feel any less of a woman. I feel empowered that I made a strong choice that in no way diminishes my femininity,” Jolie notes.

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