by Dr Katie Hunt, Senior Lecturer in Law, University of Lincoln

What is misageyny?

Kimberlé Crenshaw’s work on intersectionality[1] shows us how people who are members of two or more oppressed groups find that the forms of discrimination to which they are subject can overlap, each compounding and complicating the other(s). For example, a Black woman’s experience of sexism is racialised and her experience of racism is gendered, in a way that white women or men of colour may not appreciate, and which existing legal frameworks may not reflect. Building on Crenshaw’s work, other writers have developed neologisms for some of these intersections. Moya Bailey coined the word ‘misogynoir’[2] to describe prejudice against Black women specifically, which helps us to critique the combined force of racism and sexism described above. Similarly, Julia Serano popularised the term ‘transmisogyny’[3] to name the hostility and prejudice to which trans women are subject, which is different to and more complex than the transphobia suffered by other trans folk, or the sexism suffered by other women.

Inspired by this tradition, I seek to coin a new term in the same vein: ‘misageyny’, a portmanteau of ‘misogyny’ and ‘age’ that enables us to name and recognise the intersection of sexism and ageism that is directed at middle aged and elderly women. Older women may find themselves othered in a way that neither men of their age nor younger women experience.[4] The effects are likely more severe for those who face additional oppressions, such as women of colour, queer and trans women, working-class women, women from religious minorities, and women with disabilities.[5]

Where does misageyny arise?

Misageyny is rife. Older women are mocked, marginalised and erased[6] in almost all spheres of life – through the media, in the workplace, on the street, and even in their own homes.[7] Visit the birthdays section of any greeting card shop and you will find a plethora of cartoonish jokes about sagging breasts, sexlessness and ‘senior moments’. A survey by the Geena Davis Institute found that less than a quarter of all characters in the most popular American films and television programmes from 2010 to 2020 were aged 50+, and only one in four of those was female.[8] When older women did appear, they were frequently depicted according to negative tropes – the nagging housewife, the sad spinster, the senile grandmother.[9]

Ageing women find themselves devalued and excluded as they deviate from (or decline to comply with) the Western beauty standard of a young, thin, white, able-bodied physical ideal. At work, they face stereotypes that undermine their competence and adaptability,[10] leading to fewer job opportunities and lower earnings. In healthcare, older women are under-represented in clinical trials,[11] their pain is taken less seriously,[12] and symptoms that might be considered significant in patients of a different age or gender are frequently attributed to the menopause in female patients aged 45-60.[13] This means that diagnoses of medical conditions are more likely to be delayed, resulting in poorer health outcomes.[14]

An increasingly visible manifestation of misageyny is menopause discrimination. Scholars of ageing and gender such as Sue Westwood[15] are producing excellent work on the hardship that women experience because of menopause, which extends well beyond its physical and mental symptoms, especially in the workplace. Lack of understanding from colleagues and managers, failure to make adjustments so that workers can manage symptoms, and a culture of stigma and squeamishness around women’s bodies combine to foster discomfort and disadvantage for menopausal employees, who are the fastest growing demographic in the workforce.[16]

What is the present law?

In the UK, the primary legislative framework for tackling discrimination is the Equality Act 2010. While the Act protects the characteristics of age (s.5) and sex (s.11), and prohibits discrimination on either basis, misageyny occurs at the nexus of two protected characteristics that interrelate, and can be much harder to fight.

Section 14 of the Act was drafted to prohibit dual discrimination, that is, direct discrimination because of a combination of two protected characteristics, but the government has opted not to enforce it, reasoning that it would present too great a burden to employers and service providers.[17] The result is that individuals must bring separate claims for each characteristic, even if it is the overlap between them that is the basis of the discrimination. A gay Asian man, for example, who is subject to racialised homophobia that his straight Asian colleagues and gay white colleagues do not encounter, must demonstrate discrimination on the basis of race and/or sexual orientation. As the law stands currently, those who experience less favourable treatment due to a combination of characteristics may struggle to prove their case.

What equality law reforms could help to fight misageyny?

One solution may be to create a new protected characteristic of ‘menopause’. This would allow menopause discrimination to be identified, prohibited and redressed in its own right, without litigants having to bring their claim under alternative characteristics of age, sex, or disability, none of which accurately capture the experience of menopause or the disadvantage and mistreatment that can result from a person’s perimenopausal symptoms.[18]

As misageyny is not solely a question of menopause discrimination but a broader phenomenon of underestimation, disregard, ridicule and even revulsion towards older women solely because they are older women, a second proposal is to implement s.14 of the Equality Act 2010. This could improve access to justice, providing additional protection to people who are members of two oppressed groups. It must be acknowledged that s.14 is narrow in its scope; it only applies to instances of direct discrimination, and where no more than two protected characteristics are engaged. Even though s.14 is not in force, the courts take a holistic approach to alleged dual discrimination; while protected characteristics must be considered separately, the characteristic does not have to be the sole or even main reason for the discrimination.[19] Arguably this amounts to a de facto implementation of s.14 through the common law, so that its enforcement is no longer needed but, if this is so, then the reasons not to enforce it no longer apply. Even if it would not make a significant difference to the outcome of claims, passing s.14 is important as a political gesture – it integrates an intersectional perspective into the equality legislation, and enables claimants to challenge misageyny and other combined oppressions for what they are, not as two kinds of discrimination operating in tandem. This would be a meaningful development in itself.

The Women and Equalities Committee has recommended both of these measures to the government;[20] their proposals have so far been rejected.

The marginalisation of older women is pervasive and insidious. Recognising and naming misageyny is crucial to addressing the unfair treatment derived from the intersection of ageism and sexism. I hope that this new word gives us a tool with which to do so.

References

[1] Kimberlé Crenshaw, ‘Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics’ (1989) University of Chicago Legal Forum 139

[2] Moya Bailey and Trudy, ‘On misogynoir: citation, erasure, and plagiarism’ (2018) 18(4) Feminist Media Studies 762-768

[3] Julia Serano, Whipping Girl: A Transsexual Woman on Sexism and the Scapegoating of Femininity (Seal Press 2007).

[4] Ruth Walker and Alexandra Zelin, ‘“You’re Too Young/Old for This”: The Intersection of Ageism and Sexism in the Workplace’ in E Cole and L Hollis-Sawyer (eds), Older Women Who Work: Resilience, Choice and Change (American Psychological Association 2021); Angela Shakeri and Michael North, ‘Always at Greater Risk for More Discrimination? Comparing Older Women with Older Men in the Workplace Context’ in A Tuncdogan and others (eds), The Oxford Handbook of Individual Differences in Organizational Contexts (Oxford University Press 2024)

[5] Steward AT and others, ‘A Phenomenological Understanding of the Intersectionality of Ageism and Racism Among Older Adults: Individual-Level Experiences’ (2023) 78(5) J Gerontol B

[6] Sue Westwood, ‘“It’s the not being seen that is most tiresome”: Older Women, Invisibility and Social (In)justice’ (2018) 30(4) J Women Aging

[7] Stacey Gordon, ‘Ageism and Age Discrimination in the Family: Applying an Intergenerational Critical Consciousness Approach’ (2020) 48 Clin Soc Work J

[8] Geena Davis Institute, Women Over 50: The Right to be Seen on Screen (2020) https://geenadavisinstitute.org/wp-content/uploads/2024/01/GDIGM-Next50-WomenOver50-Study.pdf.

[9] Geena Davis Institute, Frail, Frumpy and Forgotten: A Report on the Movie Roles of Women of Age (2020).

[10] Age International, ‘Older Women: The Hidden Workforce’ (2021) https://www.ageinternational.org.uk/globalassets/documents/reports/2021/age-international-older-women-report-v11-final-spreads.pdf

[11] Chiara Vitale and others, ‘Under-Representation of Elderly and Women in Clinical Trials’ (2017) Int J Cardiol

[12] Anke Samulowitz and others, ‘“Brave Men” and “Emotional Women”: A Theory-Guided Literature Review on Gender Bias in Health Care and Gendered Norms Towards Patients with Chronic Pain’ (2018) Pain Res Manag; Danielle M Wesolowicz and others, ‘The Roles of Gender and Profession on Gender Role Expectations of Pain in Health Care Professionals’ (2018) 11 J Pain Res

[13] Jessica Allen and Flavia Sesti, ‘Health Inequalities and Women – Addressing Unmet Needs’ (2018) British Medical Association

[14] David Westergaard and others, ‘Population-wide Analysis of Differences in Disease Progression Patterns in Men and Women’ (2019) 8(10) Nat Commun

[15] Sue Westwood, ‘A Bloody Mess? UK Regulation of Menopause Discrimination and the Need for Reform’ (2024) J Law Soc

[16] Women and Equalities Committee, ‘Menopause and the Workplace’ (HC 91, 2022) https://publications.parliament.uk/pa/cm5803/cmselect/cmwomeq/91/report.html

[17] Women and Equalities Committee, ‘Menopause and the Workplace: Government Response to the Committee’s First Report of Session 2022–2023’ (HC 1060, 2023) https://publications.parliament.uk/pa/cm5803/cmselect/cmwomeq/1060/report.html

[18] James G, ‘Labour Law’s (Mis)Management of Menopausal Workers’ (2024) Fem Leg Stud

[19] O’Reilly v BBC & Anor 2200423/2010 (ET)

[20] Women and Equalities Committee, ‘Menopause and the Workplace’ (HC 91, 2022) https://publications.parliament.uk/pa/cm5803/cmselect/cmwomeq/91/report.html