Looking back at the ups and downs of any year always runs the risk of blossoming into a Dickensian cliché. But instead of the best and worst of times, these days we get listicles and spooky ghost emojis. As I look back at how women fared in 2016, some days it seemed like we were flying on air, only to have our wings clipped the next day. I’ve been an advocate for gender equality issues for over 25 years, and I don’t think this seesaw is anything new – though this year the traditional seesaw became a rollarcoaster. It’s important to take the time to celebrate our successes. It’s also critical to point out where gains still need to be made and where injustice and misogyny will not be tolerated. As advocates, we are always trying to learn from the past to remake the future – you definitely have to appreciate the long game in this work. So here’s my sense of the good, bad and very ugly for women and politics in 2016.
The Good
First Major Party Nominee: We have to start with the history-making elephant (or should it be donkey?) in the room. 240 years after America was founded and 96 years after women won the right to vote, we finally had the first woman as a major party nominee for president. Hillary Clinton continued her quest of chipping away at that glass ceiling. Even though the nation fell short of having its first female president, Clinton showed generations of girls the importance of dreaming big, and inspired legions of women to run for office themselves.
More Women Senators: In 2017 there will be 21 women serving in the U.S. Senate — the highest number in history. The chamber will also feature a record number of women of color. The fact that just 21 percent is record breaking also goes to show that we have much work to do to get more women into the political pipelines of both parties.
States Got Busy: The past several years have shown that if Congress can’t legislate its way out of a paper bag, the states will step in to do the people’s will; 2016 followed the same pattern. We saw 36 states introduce equal pay legislation, with six politically diverse states passing their bills in 2016. Another state and local trend looking to take a bite out of the pay gap: banning the use of salary histories to set pay, which often serve to perpetuate discrimination that can follow women and people of color from job to job. 2016 also saw progress through influential state ballot initiatives. Voters in Maine, Colorado, Washington, and Arizona voted to increase their state minimum wages. Arizona and Washington also approved new paid sick leave programs. I’ve said it before and I will continue to beat the metaphorical dead horse: down ballot races matter!
Sometimes, the Supreme Court was Nice: The high court was a double edge sword for women this year. We saw critical decisions in cases that have a huge impact on women. Cases such as Fisher v. University of Texas at Austin, which preserved critical affirmative action programs in college admissions. There was also the monumental abortion case Whole Woman’s Health v. Hellerstedt, which sent a message to politicians in Texas and across the country: Political interference in the right to safe, legal abortion will not be tolerated.
The Power of the Pen: 2016 also saw President Barack Obama and the executive branch continue to find innovative ways to address issues impacting women and families. The White House created the Equal Pay Pledge, which now boasts a diverse cadre of over 100 companies including Amazon, PepsiCo, AT&T, and eBay. The U.S. Department of Labor (DOL) also released h a rule that prohibits federal contractors from discriminating based on sex. They also moved to strengthen and update protections for those saving for retirement with a fiduciary rule that will ensure financial advisers provide advice that’s in the best interests of their clients rather than their own pocketbooks. DOL also issued better overtime protections, with a much needed update to access to overtime pay for salaried workers – more than half of whom are women. The EEOC released commonsense revisions to the Employer Information Report (EEO-1). The annual employer form will now collect summary pay data by gender, race, and ethnicity.
The U.S. Department of Education’s Office for Civil Rights (OCR) provided critical guidance to help stop sex discrimination. It resolved 1,346 Title IX complaints ranging from school’s handling of athletics to sexual harassment and more – that’s 1.5 cases an hour for the year. Under Assistant Secretary Catherine Lhamon’s leadership (just recently nominated to the U.S. Commission on Civil Rights, definitely another “good” thing from 2016!), OCR steadily increased technical assistance and improved enforcement, which led to better outcomes and safer climates for students at every level.
The U.S. Department of Education’s Office of Career, Technical, and Adult Education and Office for Civil Rights released a Dear Colleague letter that clarified that all students must have equal access to the full range of career and technical education (CTE) programs offered, regardless of sex.
The U.S. Department of Justice responded to requests from advocacy groups, including AAUW, and released much-needed guidance on identifying and preventing gender bias in law enforcement response to sexual assault and domestic violence. The new guidance provides tools and resources for law enforcement to do their jobs while recognizing and addressing biases, assumptions and stereotypes.
The Bad
A Country Divided on…Everything: 2016 was definitely a contentious and controversial year for the electorate as a whole, but perhaps most especially for women. It was a time when Americans were taking a good, hard look in the mirror of society and not always liking what we saw in ourselves or others. Seventy-seven percent of Americans, a new high, believe the nation is divided on the most important values.
Maybe Not Ready for a Woman President: With the first female presidential nominee, no one was surprised that the election had undercurrents of gender bias. But many were taken aback by the unapologetic nature of the sexism. Is this mainly a Clinton-inspired backlash, or would it have happened to any woman in the same position? Maybe even more pernicious was the implicit gender biases that went unsaid, yet were felt just the same. In our own report Barriers and Bias: The Status of Women in Leadership, AAUW documents why women are still woefully underrepresented in top leadership positions and how this everyday bias – both implicit and explicit, perpetuates the status quo. You can test your own bias here.
Sometimes, the Supreme Court was Naughty: In 2016, the U.S. Supreme Court was forced to operate without a full court for most of the year. The passing of Chief Justice Antonin Scalia in February resulted in a 4-4 split on important cases like Zubik v. Burwell, which aimed to provide clarity on employer contraception coverage yet failed to do so because the court did not have a working majority.
Personnel is Policy: As President-elect Donald Trump assembles his administration, he must keep in mind that personnel decisions are also policy decisions. The list of recent and rumored appointees reported by the media and transition team show a genuine bias in favor of pale and male advisers, especially in the most influential positions. A sincere appeal for unification has to start with appointments that reflect the makeup of our nation. This will also, by the way, make for better policy.
The Ugly
No one saw this coming: For the first time ever, America elected a president with no background in politics or public service, who touted his role as a business leader as his main qualification for office. President-elect Trump has said he wants to be the president for all Americans. While campaign rhetoric is one thing and governing is another, we must continue to hold Trump accountable for his actions and behavior both during the campaign and for the next four years.
Poll Taxes Make a Comeback: From miles-long early voting lines to extended voting hours due to Election Day glitches, many would-be voters saw their right to vote stymied at every turn. This wasn’t a complete surprise since it is the first presidential election in 50 years without the full protections of the Voting Rights Act (VRA). Since high court’s decision in Shelby County v. Holder, states have been emboldened to pass harmful voting restrictions in response to discredited claims of voter fraud. In 2016, 14 states had new voting restrictions in place for the first time in a presidential election, and many amount to a return to the poll tax. Politicians should not be allowed to choose their electorate — or to manipulate it in a way that not only silences voters’ voices but affects the outcome.
“In Your Face” Misogyny, Racism and Homophobia: Throughout the presidential campaign we saw an increase in charged and discriminatory rhetoric, often without even a gut check. Women braced ourselves for the sexist language we figured would be generated by having two women running for president. Perhaps an upside is that some of us became more forthright about talking about bias — the everyday sexism that most women face, for example. And we were viscerally reminded that women of color, women with disabilities, LGBT people, poor women and so many others struggle with an intersectionality that adds even more complexity to their American experience. We called it out for what it was: misogyny, xenophobia, white privilege, rape culture. We must not allow such bias to be normalized.
Making America Sexist Again? No one was prepared for the level of misogyny that erupted at the very highest levels. We saw President-elect Donald Trump go after a respected female anchor, a fellow Republican candidate, and his Democratic opponent using lewd, demeaning, and sexist language. But then again, Trump’s use of sexist language geared toward women wasn’t exactly a surprise given his history. The unwelcome surprise came from how many were willing to condone and even normalize his behavior. Eventually we even heard audio of Trump bragging about sexual assault, which apparently created a national teach-in for political surrogates on the actual definition of consent.
Unprecedented Senate Obstruction: From the moment a vacancy opened on the Supreme Court, Senate Republicans refused to hold a confirmation hearing – let alone a vote! – for any Obama nominee to replace Justice Scalia. In fact, they made this announcement before they even knew the name of the nominee, citing the election year as an excuse. President Obama nominated Judge Merrick Garland more than 280 days ago. Instead of selecting a dyed-in-the-wool liberal, the president put forward a Democratic nominee even Ken Starr could love. This is the longest period in history that the U.S. Supreme Court has operated without a full court, and both women and families have suffered for it.
Heartbreaking Rise in Hate: It’s been troubling to hear of the post-election rise in hate crimes, bullying, and harassment taking place across the country. AAUW stands against bias and bigotry of any kind and continues to be the leading women’s organization working on addressing hate crimes, especially gender-based hate crimes. Violent crimes motivated solely or primarily by bias or hatred against a group to which the victim belongs intimidate all members of that group, and give them a reason to fear for not only their own safety but that of the entire group. This is simply not acceptable in a democratic society.
Now What?
AAUW intends to approach our ongoing work with both the new administration and the new Congress with our mission in mind. But how to do that in this new and charged environment? There are two key elements to remember as we move into President Trump’s first 100 days.
Congressional Review Act: The CRA has been – until now – a largely ineffective and rarely utilized law that allows Congress to block executive branch regulations that were finalized towards the end of an administration. In theory it allows Congress to eliminate these new regulations through expedited legislation. Since the GOP controls both chambers of Congress, and now the presidency, the CRA is primed to be used like never before. The Republican majority is even said to have shortened this year’s congressional calendar by breaking early for the holidays, ensuring that more Obama-era regulations would be vulnerable to CRA action. This includes most of the good executive actions, regulations and rules I wrote about above. The window is limited for CRA action, but a lot of damage can be done nonetheless.
Confirmation-o-Rama: Expect confirmation hearings as early as January 4, 2017. While it’s not unusual for them to take place before Inauguration, the Senate must not rush to judgement on President-elect Trump’s nominees. The Senate must ensure that all of his cabinet picks face a full and fair vetting and confirmation process, with special attention to potential conflicts of interest. The heads of certain agencies stand to have significant influence, positive or negative, on issues affecting women and families.
Take Action: I’m sure many of you are already making your new year’s resolutions. But while you schedule that gym time, how about also getting involved in women’s rights organizations like AAUW? We have a 135 year history of standing up for gender equity and we have no plans on sitting down now. One of the best protest signs I saw in 2016 said “I am no longer accepting the things I cannot change. I am changing the things I cannot accept.” Join me in speaking truth to power, and become a valued ally or fierce critic as the situation warrants. Get involved and make your voice heard!