essentials_of_health_policy__law_pages_109-110_0.docxEssential.docx

essentials_of_health_policy__law_pages_109-110_0.docx
Essential of Health Policy and Law (Page 109 to 110)
INDIVIDUAL RIGHTS AND THE HEALTHCARE SYSTEM
The “global perspective” you just read was brief for two
reasons. First, a full treatment of international and foreign
health rights is well beyond the scope of this chapter, and
second, historically speaking, international law has played a
limited role in influencing this nation’s domestic legal
principles. As one author commented, “Historically the United
States has been uniquely averse to accepting international
human rights standards and conforming national laws to meet
them.”15(p1156) This fact is no less true in the area of health
rights than in any other major area of law. As described earlier
in this chapter, universal rights to health care are virtually
nonexistent in the United States, even though this stance
renders it almost solitary among industrialized nations of the
world.
This is not to say that this country has not contemplated health
care as a universal, basic right. For instance, in 1952, a
presidential commission stated that “access to the means for
attainment and preservation of health is a basic human
right.”16(p4) Medicaid and Medicare were the fruits of a
nationwide debate about universal healthcare coverage. And
during the 1960s and 1970s, the claim that health care was not a
matter of privilege, but rather of right, was “so widely
acknowledged as almost to be uncontroversial.”17(p389) Nor is
it to say that certain populations do not enjoy healthcare rights
beyond those of the general public. Prisoners and others under
the control of state governments have a right to minimal health
care,18some state constitutions expressly recognize a right to
health or healthcare benefits (for example, Montana includes an
affirmative right to health in its constitution’s section on

inalienable rights), and individuals covered by Medicaid have
unique legal entitlements. Finally, it would be inaccurate in
describing healthcare rights to only cover rights to obtain health
care in the first instance, because many important healthcare
rights attach to individuals once they manage to gain access to
needed healthcare services.
The remainder of this section describes more fully the various
types of individual rights associated with the healthcare system.
We categorize these rights as follows:
· 1. Rights related to receiving services explicitly provided
under healthcare, health financing, or health insurance laws; for
example, the Examination and Treatment for Emergency
Medical Conditions and Women in Labor Act, Medicaid, and the
Affordable Care Act.
· 2. Rights concerning freedom of choice and freedom from
government interference when making healthcare decisions; for
example, choosing to have an abortion.
· 3. The right to be free from unlawful discrimination when
accessing or receiving health care; for example, Title VI of the
federal Civil Rights Act of 1964, which prohibits discrimination
on the basis of race, color, or national origin by entities that
receive federal funding.12(p12),19
Rights Under Healthcare and Health Financing Laws
We begin this discussion of rights-creating health laws with the
Examination and Treatment for Emergency Medical Conditions
and Women in Labor Act (also referred to as EMTALA, which
is the acronym for the law’s original name—the Emergency
Medical Treatment and Active Labor Act—or, for reasons soon
to become clear, the “patient anti-dumping statute”). We then
briefly discuss the federal Medicaid program in a rights-
creating context and wrap up this section with a brief discussion
of the ACA.
Rights Under Health Care Laws: Examination and Treatment for
Emergency Medical Conditions and Women in Labor Act
Because EMTALA represents the only truly universal legal right
to health care in this country—the right to access emergency

hospital services—it is often described as one of the building
blocks of health rights. EMTALA was enacted by Congress in
1986 to prevent the practice of “patient dumping”—that is, the
turning away of poor or uninsured persons in need of hospital
care. Patient dumping was a common strategy among private
hospitals aiming to shield themselves from the potentially
uncompensated costs associated with treating poor and/or
uninsured patients. By refusing to treat these individuals and
instead “dumping” them on public hospitals, private institutions
were effectively limiting their patients to those whose treatment
costs would likely be covered out-of-pocket or by insurers. Note
that the no-duty principle made this type of strategy possible.
EMTALA was a conscious effort on the part of elected federal
officials to chip away at the no-duty principle: By creating
legally enforceable rights to emergency hospital care for all
individuals regardless of their income or health insurance
status, Congress created a corresponding legal duty of care on
the part of hospitals. At its core, EMTALA includes two related
duties, which technically attach only to hospitals that
participate in the Medicare program (but then again, nearly
every hospital in the country participates). The first duty
requires covered hospitals to provide an “appropriate” screening
examination to all individuals who present at a hospital’s
emergency department seeking care for an “emergency medical
condition.” Under the law, an appropriate
medical 109110screening is one that is nondiscriminatory and
that adheres to a hospital’s established emergency care
guidelines. EMTALA defines an emergency medical condition
as a
· medical condition manifesting itself by acute symptoms of
sufficient severity (including severe pain) such that the absence
of immediate medical attention could reasonably be expected to
result in (i) placing the health of the individual (or, with respect
to a pregnant woman, the health of the woman or her unborn
child) in serious jeopardy, (ii) serious impairment to bodily
functions, or (iii) serious dysfunction of any bodily organ or

part; or with respect to a pregnant woman who is having
contractions, that there is inadequate time to effect a safe
transfer to another hospital before delivery, or that transfer may
pose a threat to the health or safety of the woman or the unborn
child.20
· The second key duty required of hospitals under EMTALA is
to either stabilize any condition that meets the above definition
or, in the case of a hospital without the capability to treat the
emergency condition, undertake to transfer the patient to
another facility in a medically appropriate fashion. A proper
transfer is effectuated when, among other things, the
transferring hospital minimizes the risks to the patient’s health
by providing as much treatment as is within its capability, when
a receiving medical facility has agreed to accept the transferred
patient, and when the transferring hospital provides the
receiving facility all relevant medical records.
· The legal rights established under EMTALA are accompanied
by heavy penalties for their violation. The federal government,
individual patients, and “dumped on” hospitals can all initiate
actions against a hospital alleged to have violated EMTALA,
and the federal government can also file a claim for civil money
penalties against individual physicians who negligently violate
an EMTALA requirement.· Rights Under Healthcare Financing
Laws: Medicaid
· Many laws fund programs that aim to expand access to health
care, such as state laws authorizing the establishment of public
hospitals or health agencies, and the federal law establishing the
vast network of community health clinics that serve medically
underserved communities and populations. However, the legal
obligations created by these financing laws are generally
enforceable only by public agencies, not by individuals.
· The Medicaid program is different in this respect. (Medicaid
has been covered elsewhere in greater depth, but because of its
importance in the area of individual healthcare rights, we
mention it also in this context.) Although most certainly a law
concerning healthcare financing, Medicaid is unlike most other

health financing laws in that it confers the right to individually
enforce program obligations through the courts.21(pp419–
424) This right of individual enforcement is one of the reasons
why Medicaid, nearly 50 years after its creation, remains a
hotly debated public program. This is because the legal
entitlements to benefits under Medicaid are viewed as a key
contributor to the program’s high cost. Yet whether Medicaid’s
legal entitlements are any more of a factor in the program’s
overall costs than, say, the generally high cost of health care, is
not clearly established.· Rights Under Health Insurance Laws:
The Affordable Care Act
· As you will learn in subsequent chapters, the ACA is far more
than a law that just concerns health insurance; in fact, it is a
sweeping set of reforms that touch on healthcare quality, public
health practice, health disparities, community health centers,
healthcare fraud and abuse, comparative effectiveness research,
the health workforce, health information technology, long-term
care, and more. However, for purposes of this chapter, we
mention it briefly it in terms of its impact on the rights of
individuals to access health insurance and to equitable treatment
by their insurer. Details concerning the ACA’s effect on the
public and private insurance markets are discussed elsewhere.
· Through a series of major reforms to existing policies, the
ACA reshapes the private health insurance market, transforming
private health insurance from a commodity that regularly
classified (and rejected) individuals based on their health status,
age, disability status, and more into a social good whose
availability is essential to individual and population
health.22 The key elements of this shift include: a ban on
exclusion and discrimination based on health status or pre-
existing health conditions; new protections that ensure that,
once covered by insurance, individuals will have access to
necessary care without regard to artificial annual or lifetime
expenditure caps; a guarantee that once insurance coverage is in
place, it cannot be rescinded except in cases of applicant fraud;
a ban on additional fees for out-of-network emergency services;

the provision (by 2019) of financial subsidies for an estimated
19 million low- and moderate-income individuals and for some
4 million small businesses; the inclusion, in the individual and
small group insurance markets, of a package of “essential health
benefits” that must be covered; and the creation of state health
insurance “exchanges” through which individuals and small
employer groups can purchase high-quality
health 110111insurance in a virtual marketplace that is
substantially regulated and that simplifies the job of learning
about, selecting, and enrolling in insurance plans.
examination_and_treatment_for_emergency_medical_conditions
_and_women_in_labor.docx
EXAMINATION AND TREATMENT FOR EMERGENCY
MEDICAL CONDITIONS AND WOMEN IN LABOR[298]
Sec. 1867. [42 U.S.C. 1395dd] (a) Medical Screening
Requirement.—In the case of a hospital that has a hospital
emergency department, if any individual (whether or not
eligible for benefits under this title) comes to the emergency
department and a request is made on the individual’s behalf for
examination or treatment for a medical condition, the hospital
must provide for an appropriate medical screening examination
within the capability of the hospital’s emergency department,
including ancillary services routinely available to the
emergency department, to determine whether or not an
emergency medical condition (within the meaning of subsection
(e)(1)) exists.
(b) Necessary Stabilizing Treatment for Emergency Medical
Conditions and Labor.—
(1) In general.—If any individual (whether or not eligible for
benefits under this title) comes to a hospital and the hospital
determines that the individual has an emergency medical
condition, the hospital must provide either—
(A) within the staff and facilities available at the hospital, for

such further medical examination and such treatment as may be
required to stabilize the medical condition, or
(B) for transfer of the individual to another medical facility in
accordance with subsection (c).
(2) Refusal to consent to treatment.—A hospital is deemed to
meet the requirement of paragraph (1)(A) with respect to an
individual if the hospital offers the individual the further
medical examination and treatment described in that paragraph
and informs the individual (or a person acting on the
individual’s behalf) of the risks and benefits to the individual of
such examination and treatment, but the individual (or a person
acting on the individual’s behalf) refuses to consent to the
examination and treatment. The hospital shall take all
reasonable steps to secure the individual’s (or person’s) written
informed consent to refuse such examination and treatment.
(3) Refusal to consent to transfer.—A hospital is deemed to
meet the requirement of paragraph (1) with respect to an
individual if the hospital offers to transfer the individual to
another medical facility in accordance with subsection (c) and
informs the individual (or a person acting on the individual’s
behalf) of the risks and benefits to the individual of such
transfer, but the individual (or a person acting on the
individual’s behalf) refuses to consent to the transfer. The
hospital shall take all reasonable steps to secure the individual’s
(or person’s) written informed consent to refuse such transfer.
(c) Restricting Transfers Until Individual Stabilized.—
(1) Rule.—If an individual at a hospital has an emergency
medical condition which has not been stabilized (within the
meaning of subsection (e)(3)(B)), the hospital may not transfer
the individual unless—
(A)(i) the individual (or a legally responsible person acting on
the individual’s behalf) after being informed of the hospital’s
obligations under this section and of the risk of transfer, in
writing requests transfer to another medical facility,
(ii) a physician (within the meaning of section 1861(r)(1)) has
signed a certification that based upon the information available

at the time of transfer, the medical benefits reasonably expected
from the provision of appropriate medical treatment at another
medical facility outweigh the increased risks to the individual
and, in the case of labor, to the unborn child from effecting the
transfer, or
(iii) if a physician is not physically present in the emergency
department at the time an individual is transferred, a qualified
medical person (as defined by the Secretary in regulations) has
signed a certification described in clause (ii) after a physician
(as defined in section 1861(r)(1)), in consultation with the
person, has made the determination described in such clause,
and subsequently countersigns the certification; and
(B) the transfer is an appropriate transfer (within the meaning
of paragraph (2)) to that facility.
A certification described in clause (ii) or (iii) of subparagraph
(A) shall include a summary of the risks and benefits upon
which the certification is based.
(2) Appropriate transfer.—An appropriate transfer to a medical
facility is a transfer—
(A) in which the transferring hospital provides the medical
treatment within its capacity which minimizes the risks to the
individual’s health and, in the case of a woman in labor, the
health of the unborn child;
(B) in which the receiving facility—
(i) has available space and qualified personnel for the treatment
of the individual, and
(ii) has agreed to accept transfer of the individual and to
provide appropriate medical treatment;
(C) in which the transferring hospital sends to the receiving
facility all medical records (or copies thereof), related to the
emergency condition for which the individual has presented,
available at the time of the transfer, including records related to
the individual’s emergency medical condition, observations of
signs or symptoms, preliminary diagnosis, treatment provided,
results of any tests and the informed written consent or
certification (or copy thereof) provided under paragraph (1)(A),

and the name and address of any on-call physician (described in
subsection (d)(1)(C)) who has refused or failed to appear within
a reasonable time to provide necessary stabilizing treatment;
(D) in which the transfer is effected through qualified personnel
and transportation equipment, as required including the use of
necessary and medically appropriate life support measures
during the transfer; and
(E) which meets such other requirements as the Secretary may
find necessary in the interest of the health and safety of
individuals transferred.
(d) Enforcement.—
(1) Civil monetary penalties.—
(A) A participating hospital that negligently violates a
requirement of this section is subject to a civil money penalty
of not more than $50,000 (or not more than $25,000 in the case
of a hospital with less than 100 beds) for each such violation.
The provisions of section1128A (other than subsections (a) and
(b)) shall apply to a civil money penalty under this
subparagraph in the same manner as such provisions apply with
respect to a penalty or proceeding under section 1128A(a).
(B) Subject to subparagraph (C), any physician who is
responsible for the examination, treatment, or transfer of an
individual in a participating hospital, including a physician on-
call for the care of such an individual, and who negligently
violates a requirement of this section, including a physician
who—
(i) signs a certification under subsection (c)(1)(A) that the
medical benefits reasonably to be expected from a transfer to
another facility outweigh the risks associated with the transfer,
if the physician knew or should have known that the benefits
did not outweigh the risks, or
(ii) misrepresents an individual’s condition or other
information, including a hospital’s obligations under this
section,
is subject to a civil money penalty of not more than $50,000 for
each such violation and, if the violation is gross and flagrant or

is repeated, to exclusion from participation in this title and
State health care programs. The provisions of
section 1128A (other than the first and second sentences of
subsection (a) and subsection (b)) shall apply to a civil money
penalty and exclusion under this subparagraph in the same
manner as such provisions apply with respect to a penalty,
exclusion, or proceeding under section 1128A(a).
(C) If, after an initial examination, a physician determines that
the individual requires the services of a physician listed by the
hospital on its list of on-call physicians (required to be
maintained under section 1866(a)(1)(I)) and notifies the on-call
physician and the on-call physician fails or refuses to appear
within a reasonable period of time, and the physician orders the
transfer of the individual because the physician determines that
without the services of the on-call physician the benefits of
transfer outweigh the risks of transfer, the physician authorizing
the transfer shall not be subject to a penalty under subparagraph
(B). However, the previous sentence shall not apply to the
hospital or to the on-call physician who failed or refused to
appear.
(2) Civil enforcement.—
(A) Personal harm.—Any individual who suffers personal harm
as a direct result of a participating hospital’s violation of a
requirement of this section may, in a civil action against the
participating hospital, obtain those damages available for
personal injury under the law of the State in which the hospital
is located, and such equitable relief as is appropriate.
(B) Financial loss to other medical facility.—Any medical
facility that suffers a financial loss as a direct result of a
participating hospital’s violation of a requirement of this
section may, in a civil action against the participating hospital,
obtain those damages available for financial loss, under the law
of the State in which the hospital is located, and such equitable
relief as is appropriate.
(C) Limitations on actions.—No action may be brought under
this paragraph more than two years after the date of the

violation with respect to which the action is brought.
(3) Consultation with quality
improvement[299] organizations.—In considering allegations of
violations of the requirements of this section in imposing
sanctions under paragraph (1) or in terminating a hospital’s
participation under this title, the Secretary shall request the
appropriate quality improvement[300] organization (with a
contract under part B of title XI) to assess whether the
individual involved had an emergency medical condition which
had not been stabilized, and provide a report on its findings.
Except in the case in which a delay would jeopardize the health
or safety of individuals, the Secretary shall request such a
review before effecting a sanction under paragraph (1) and shall
provide a period of at least 60 days for such review. Except in
the case in which a delay would jeopardize the health or safety
of individuals, the Secretary shall also request such a review
before making a compliance determination as part of the process
of terminating a hospital’s participation under this title for
violations related to the appropriateness of a medical screening
examination, stabilizing treatment, or an appropriate transfer as
required by this section, and shall provide a period of 5 days for
such review. The Secretary shall provide a copy of the
organization’s report to the hospital or physician consistent
with confidentiality requirements imposed on the organization
under such part B.
(4) Notice upon closing an investigation.—The Secretary shall
establish a procedure to notify hospitals and physicians when an
investigation under this section is closed.
(e) Definitions.—In this section:
(1) The term “emergency medical condition” means—
(A) a medical condition manifesting itself by acute symptoms of
sufficient severity (including severe pain) such that the absence
of immediate medical attention could reasonably be expected to
result in—
(i) placing the health of the individual (or, with respect to a
pregnant woman, the health of the woman or her unborn child)

in serious jeopardy,
(ii) serious impairment to bodily functions, or
(iii) serious dysfunction of any bodily organ or part; or
(B) with respect to a pregnant woman who is having
contractions—
(i) that there is inadequate time to effect a safe transfer to
another hospital before delivery, or
(ii) that transfer may pose a threat to the health or safety of the
woman or the unborn child.
(2) The term “participating hospital” means a hospital that has
entered into a provider agreement under section 1866.
(3)(A) The term “to stabilize” means, with respect to an
emergency medical condition described in paragraph (1)(A), to
provide such medical treatment of the condition as may be
necessary to assure, within reasonable medical probability, that
no material deterioration of the condition is likely to result from
or occur during the transfer of the individual from a facility, or,
with respect to an emergency medical condition described in
paragraph (1)(B), to deliver (including the placenta).
(B) The term “stabilized” means, with respect to an emergency
medical condition described in paragraph (1)(A), that no
material deterioration of the condition is likely, within
reasonable medical probability, to result from or occur during
the transfer of the individual from a facility, or, with respect to
an emergency medical condition described in paragraph (1)(B),
that the woman has delivered (including the placenta).
(4) The term “transfer” means the movement (including the
discharge) of an individual outside a hospital’s facilities at the
direction of any person employed by (or affiliated or associated,
directly or indirectly, with) the hospital, but does not include
such a movement of an individual who (A) has been declared
dead, or (B) leaves the facility without the permission of any
such person.
(5) The term “hospital” includes a critical access hospital (as
defined in section 1861(mm)(1)).
(f) Preemption.—The provisions of this section do not preempt

any State or local law requirement, except to the extent that the
requirement directly conflicts with a requirement of this
section.
(g) Nondiscrimination.—A participating hospital that has
specialized capabilities or facilities (such as burn units, shock-
trauma units, neonatal intensive care units, or (with respect to
rural areas) regional referral centers as identified by the
Secretary in regulation) shall not refuse to accept an appropriate
transfer of an individual who requires such specialized
capabilities or facilities if the hospital has the capacity to treat
the individual.
(h) No Delay in Examination or Treatment.—A participating
hospital may not delay provision of an appropriate medical
screening examination required under subsection (a) or further
medical examination and treatment required under subsection
(b) in order to inquire about the individual’s method of payment
or insurance status.
(i) Whistleblower Protections.—A participating hospital may
not penalize or take adverse action against a qualified medical
person described in subsection (c)(1)(A)(iii) or a physician
because the person or physician refuses to authorize the transfer
of an individual with an emergency medical condition that has
not been stabilized or against any hospital employee because the
employee reports a violation of a requirement of this section.
[298] See Vol. II, P.L. 108-173, §945, with respect to an
emergency medical treatment and labor act technical advisory
group and §1011, with respect to the Federal reimbursement of
emergency health services furnished to undocumented aliens.
[299] P.L. 112-40, §261(a)(3)(E), struck out “Peer review” and
inserted “Quality improvement”, applicable to contracts entered
into or renewed on or after January 1, 2012.
[300] P.L. 112-40, §261(a)(3)(C), struck out “utilization and
quality control peer review” and inserted “quality
improvement”, applicable to contracts entered into or renewed
on or after January 1, 2012.

The Makeup of a Woman APA.docx
Running head: The Make-Up of a Woman 1
The Make-Up of a Woman 3The Make-Up of a Woman
[Author Name(s), First M. Last, Omit Titles and Degrees]
[Institutional Affiliation(s)]Author Note
[Include any grant/funding information and a complete
correspondence address.]
The Make-Up of a Woman
[The body of your paper uses a half-inch first line indent and is
double-spaced. APA style provides for up to five heading
levels, shown in the paragraphs that follow. Note that the word
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assumed that your paper begins with an introduction.]
[Heading 1]
[The first two heading levels get their own paragraph, as shown
here. Headings 3, 4, and 5 are run-in headings used at the
beginning of the paragraph.]
[Heading 2]1
[To add a table of contents (TOC), apply the appropriate
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and it will show up in your TOC. To do this, select the text for
your heading. Then, on the Home tab, in the Styles gallery,
click the style you need.]
[Heading 3]. [Include a period at the end of a run-in heading.
Note that you can include consecutive paragraphs with their
own headings, where appropriate.]
[Heading 4]. [When using headings, don’t skip levels. If you
need a heading 3, 4, or 5 with no text following it before the
next heading, just add a period at the end of the heading and
then start a new paragraph for the subheading and its text.]
(Last Name, Year)
[Heading 5]. [Like all sections of your paper, references start on

their own page. The references page that follows is created
using the Citations & Bibliography feature, available on the
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your references for APA 6th Edition. You can also use this
feature to add in-text citations that are linked to your source,
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then click Edit Citation.] (Last Name, Year)
References
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From - To.
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Name.
La Dee US History Assignment 5 NOTES.docx
RUNNING HEADER: The Makeup Of a Woman 1
The Makeup of a Woman 4
The Makeup of a Woman:
THE STRUGGLE TO ESTABLISH GENDER EQUALITY FOR
AMERICAN WOMEN FROM 1865 TO PRESENT
Ursurla Waller
American History Since 1865
Instructor Jessica Schmidt
2014 Jan 14

The role of women in American society changed from the
traditional homemaker to modern-day breadwinners owing to
the outcomes of various events that occurred from the end of the
Civil War in 1865 through 1920. While America was at war, the
existing industries opted to invite women into the labor force
because men went to war. Women had to multitask because they
still had their homemaker duties while also playing an important
role in supporting the war by working for agricultural and war
industries. During the war, women began to take on the role of a
man in their homes and elsewhere in society. The 19th
Amendment’s ratification in 1920 granted a form of equality to
women and a newfound freedom of expression, which they took
to new and daring heights. Although many women lost their
husbands during the war, they suffered together, and societal
events changed them together, creating independent, strong,
courageous women, whom some refer to as the “New Woman.”
Women in Post-Civil War America faced three unique
challenges in their fight to ensure equal rights. The struggle to
overcome suffrage, the effort to break the professional barrier
held by their male counterparts, and the fight against societal
discrimination were the wars women fought in America.
Notable events, which helped in the struggle for suffrage,
included the formation of the National Women’s Suffrage
Association (NWSM) by Susan B. Anthony and Elizabeth
Stanton in 1869. The organization was instrumental in fighting
for the right of women to participate in the elective process.
The fight against discrimination through legal mechanisms,
established through the enactment of State laws that illegalized
wife battery, was another feat. Another major legal milestone
was the decision by the Supreme Court to allow Belva
Lockwood to be the first women to testify before it in 1879.
The struggle for equal gender rights continued after World War
II. Decades of activism for equal right to vote culminated in the

enactment of the 19th amendment in 1920 that granted women
the right to participate in the elective process. This event
inspired women to advance their ambitions at breaking the
professional barrier. In 1932, Emilia Earhart became the first
women to make a solo flight across the Atlantic. By doing so,
she inspired millions of women across America in believing that
they could venture in competitive male-dominated careers.
Establish equal job rights for women, made a significant
achievement with the enactment of the Equal Pay Act of 1963.
The law directed the payment of fair remuneration for both men
and women. The six events selected can be used to discuss the
struggle and achievements made by women in establishing equal
gender rights that they enjoy today.
NOTES DERIVED FROM SM. ON THIS TOPIC PLEASE
PARAPHRASE SAMPLE THESIS OR INTRODUCTORY
PARAGRAPH, PICK FISH, LEAVE BONES.
During colonial America women’s roles were that of
maintaining the household, birthing and minding the children,
and a supportive role to the man of the house. This role changed
little over time until 1848 when the women’s rights movement
started at the Seneca Falls Convention. It was at the convention
when Elizabeth Cady Stanton gave a Declaration of Sentiments;
she demanded equal rights including the right to vote for
women. “Signed by 68 women and 32 men, it was a powerful
symbol and the beginning of a long struggle for legal,
professional, educational, and voting rights.” (Bowles, 2011,
Chapter 2) Even though women were treated as secondary
citizens, starting with no rights to presently nothing holding
women back and all freedoms granted, because women never
gave up, they worked hard to prove their point, and they
maintained strength and grace through the hard years. While
there were many events that guided the path of women I will
focus on a few in my opinion key events; from the Suffrage
movement, to military women of World War 1 and World War
2, women entering the political realm, the push for equal pay
for equal work, the women’s strike, and the 1973 case of Roe vs

Wade.
SUGGESTED RESOURCES
Massey, M. E. (1966). Women in the civil war. U of Nebraska
Press.
http://books.google.com/books?hl=en&lr=&id=iMOXnAboxV4C
&oi=fnd&pg=PA3&dq=women+in+the+civil+war&ots=g2ksNN
hZ82&sig=mq4NmW_-
9erlHWPRV5ekX0LuUKY#v=onepage&q=women%20in%20the
%20civil%20war&f=false
Alonso, H. H. (1993). Peace as a women's issue: A history of
the US movement for world peace and women's rights. Syracuse
University Press.
Kerber, L. K., Kessler-Harris, A., & Sklar, K. K. (Eds.). (1995).
US history as women's history: New feminist essays. Univ of
North Carolina Press.
PARAPHRASE.
At the beginning of the 20th century the American household
painted a very different landscape than the households of today.
During this time women experienced limitations. There were
places women could and could not go and jobs that women were
not permitted to hold. The few employment opportunities that
women were allowed to obtain were that of a teacher, nurse,
social worker or clerical work. “Catholic women had an option
of joining a convent and becoming a nun. For many, the vow of
poverty and a life of religious service was a welcome
professional and spiritual path” (Bowles, 2011).
Ratified Amendments, 1795-1992 (1919). “Joint Resolution of
Congress proposing a constitutional amendment extending the
right of suffrage to women”: General Records of the United
States Government; Record Group 11: National Archives.
This document is a comprehensive primary source that offers an

accurate and detailed description of the statutes contained in the
19th amendment to the constitution. It provides a first-hand
view of the document that granted women the right to vote. It
can be, therefore, relied upon as a primary source on the current
topic.
PARAPHRASE.
In 1890, Stanton along with Lucy Stone and Susan B. Anthony
formed the organization National American Women Suffrage
Association (NAWSA). “Stanton, and others like Susan B.
Anthony, labored through the late 19th century to achieve
victory, but by the time of their deaths in 1902 and 1906, they
still were not welcome at the ballot box” (Bowles, 2011).
Norgren, J. (January 01, 2005). BELVA LOCKWOOD:
BLAZING THE TRAIL FOR WOMEN IN LAW - Jill Norgren
recounts the struggle of one of The nation's first female
lawyers. Prologue: the Journal of the National Archives, 37, 1,
14.
This article provides a comprehensive illustration of the
achievements made by Belva Lockwood. It offers a source of
information that corresponds to the remarkable breakthrough
she made by being the first woman to testify before the Supreme
Court. It can be, therefore, relied upon as a credible source in
discussing the present topic.
PARAPHRASE.
Following the advances into the military women wanted to
partake in government, and be a part of the changes in the
country. In 1866 Elizabeth Cady Stanton was the first woman to
run for the U.S. House of Representatives, even though she was
not eligible to vote. She ran as an Independent from New York
State, and even received 24 votes of 12,000 that were cast.
Susan B. Anthony registered in 1872 to vote, she was thrown in
jail for ten days for her actions. Jeannette Rankin of Montana is
the first woman elected to the U.S. House of Representatives in

1917. Jeannette was quoted saying that "I may be the first
woman member of Congress but I won’t be the last." She was
also the only member to vote against going to war with Japan
after the assault on Pearl Harbor in 1941. In 1924 Nellie Tayloe
Ross is elected the first female governor of a state, in Wyoming
after the death of her husband who held the office prior to here.
Nettie was also a strong supporter of prohibition in the 1920’s,
who also became the director of the U.S. Mint after her term as
Wyoming’s governor where she is still the only woman to hold
that office. Farther in history we have Margaret Chase Smith
becomes the first female nominated for the presidency by a
major party in 1964. Margaret was also an avid supporter of the
military and made a point to be involved with foreign policy
and the policies of the U.S. military. She also was the first and
only female to have cruised on a Navy ship during World War
II. In 2007 Nancy Pelosi becomes the first female Speaker of
the House. This is the highest-ranking leadership position ever
held by a woman, and the third highest-ranking position in the
country behind the president and vice president. ("THE
HISTORY OF WOMEN IN POLITICS. ," 2007) Nancy self
admittedly has been around politics for most of her life she was
in attendance at John F. Kennedy's inaugural address as
President in January 1961. Nancy has become a well-respected
female role model for the younger generations, by being an
educated, strong, smart and political powerhouse in her field.
Working the way through the ranks of the political ring has
been a major achievement in the history of women. Many
women fought for years over the rights just to vote, being a
powerhouse in the realm of politics shows the feminine
adaptability to whatever challenge is in the way.
The women's movement brought women into the political arena
in growing numbers. In 1969 women only held 3.5 percent of
elected state offices. By 1996, 25 percent of the elected state
officeholders were women. The women in Congress has also
increased. In 1975 there were 19 women. And in 1997 it rose to
60 women. To top it off, the women's movement helped

countless women open their lives to new possibilities.
Women's Suffrage (stock footage / archival footage). (n.d.).
Retrieved January 14, 2015, from
https://www.youtube.com/watch?v=egzhwKAK6Bo
This video provides a detailed description of the women’s
suffrage movement. It contains a comprehensive illustration of
the events that led up to the formation of the National Women’s
Suffrage Association. It is, therefore, a credible source of
information in discussing the present topic.
PARAPHRASE.
In 1900 Carrie Chapman Catt succeeded the 80-year-old activist
Susan B. Anthony and became president of the National
American Woman Suffrage Association (NAWSA). “The idea
was to focus on winning the right to vote by promoting
education of the issue at the state level. This way she could
tailor her message more directly to the people” (Bowles, 2011).
In 1915 Catt came back as president of the NAWSA and this is
where she clashed with Alice Paul. Paul had a “more militant
strategy, which was quite different from the more controlled
and refined suffrage movement in the 19th century” (Bowles,
2011). On January 1, 1917 they became the first group ever to
picket in front of the White House. This picket led to Paul’s
arrest. Paul was eventually released due to public demand.
“Fifty-one years after Susan B. Anthony and Elizabeth Cady
Stanton founded NAWSA, the Nineteenth Amendment gave
women the vote in 1920” (Carrie, 2001). “In November of that
year, women across the nation voted in their first presidential
election” (Bowles, 2011).
June 10, 1963 - President John F. Kennedy signs the Equal Pay
Act in the Oval Office. (n.d.). Retrieved January 14, 2015, from
https://www.youtube.com/watch?v=nrqYmklM4xA
This video contains a first-hand recording of the signing into
law of The Equal Pay Act of 1963. It clearly details the

achievement made in light of women’s labor rights, established
through the enactment of the Act into law. It is, therefore, a
credible source of evidence supporting the topic discussed.
PARAPHRASE.
In 1964, Title VII of the Civil Rights Act barred discrimination
in employment on the basis of race and sex (NYSUT: A Union
of Professionals, 2009). A. Since the Civil Rights Movement of
the 1960s, federal and state governments have enacted a number
of laws that bar an employer from discriminating against
employees on almost any grounds, aside from the quality of the
employee's work or the nature of his or her personality. B.
Aggrieved individuals can file a complaint with the Equal
Employment Opportunity Commission (EEOC), which is
responsible for enforcing individual Title VII claims against
private employers. The Department of Justice (DOJ) enforces
Title VII against state and local governments, but only after the
EEOC has conducted an initial investigation (USLEGAL inc,
2010). C. This statute served as a model for subsequent anti-
discrimination laws. It established the Equal Employment
Opportunity Commission (EEOC) to investigate complaints and
impose penalties.
“Because of the large number of American women taking jobs
in the war industries during World War II, the National War
Labor Board urged employers in 1942 to voluntarily make
"adjustments which equalize wage or salary rates paid to
females with the rates paid to males for comparable quality and
quantity of work on the same or similar operations" (Brunner,
2007). With all the accomplishments women have made over
the years, they are still fighting on some grounds to become
truly equal. The fact remains that even after the Equal Pay Act
was passed over forty years ago, women still do not earn equal
wages. “Women have made enormous progress in the workforce
since the Equal Pay Act, but the stubborn fact remains that four-
and-a-half decades later the basic goal of the act has not been
realized” (Brunner, 2007). “In 2010, women earned 77% of

men’s wages, which is only an improvement of a penny a year
since 1963” (A Brief, 2012). In 2009, President Obama signed
the Lily Ledbetter Fair Pay Restoration Act, which allows
victims of pay discrimination to file a complaint with the
government against their employer within 180 days of their last
paycheck. Previously, victims were only allowed 180 days from
the date of the first unfair paycheck. This Act is named after a
former employee of Goodyear who alleged that she was paid 15-
40 percent less than her male counterparts, which was later
found to be accurate. President Obama has vowed to reduce the
wage gap between the genders: women currently make
approximately 80 cents for every dollar that men earn (Brunner,
2007). Looking back at the women of American History we see
the sacrifices and struggles endured by many brave women. By
following in the footsteps of these courageous women, the
complete equality to men, that women have for so long fought
for, will one day become a reality.
References
A brief history of pay inequity. (2012).
Retrieved from:
http://www.aauw.org/act/laf/library/payequity_hist.cfm
American birth control league. (2010, May 3). Retrieved from
Margaret Sanger Papers Project website
Retrieved from:
http://www.nyu.edu/projects/sanger/secure/aboutms/organizatio
n_abcl.html Bowles, M.D. (2011). American History 1865-
Present End of Isolation.
Retrieved from:
https://content.ashford.edu/books/AUHIS204.11.2/sections/fm
Brunner, B. (2007). The wage gap: A history of pay inequity
and the equal pay act.
Retrieved from:
http://www.infoplease.com/spot/equalpayact1.html Carrie
Chapman Catt 1859-1947. (2001).
Retrieved from:
http://www.pbs.org/wgbh/amex/wilson/peopleevents/p_catt.html

Spooner, V. A. (2005). Contraception as weapon in the arsenal
of class struggle: the masked radicalism of Margaret Sanger.
Retrieved from:
http://web.archive.org/web/20050418083310/http://www.deadre
d.us/sanger%20article.htm
EM Staff (2004) Margaret Sanger: A Woman on the Front Lines
of Reproductive Freedom. Volume 1, Issue 2
This source tells me that with the newfound freedom and
independence gained by women, they wanted to say and do to
their bodies as they wished, leaving the rule of a man and his
thumb behind. It includes details of a woman’s, Margaret
Sanger, fight to gain women’s rights for abortion. It is,
therefore, a credible source of information in discussing the
present topic.
PARAPHRASE.
Sacrifice of a night of love also leads towards my sixth and
final topic on the changing roles of women, the right to control
her own body in regards to abortion. In 1973 the United States
Court ruled in the case Roe vs. Wade, the courts made the
decision that an abortion during the first three months of a
women’s pregnancy was a matter for the woman and her doctor.
This was significant for all women whether they were for or
against abortion; the courts had given what was a public matter
over to the privacy of a woman and the doctor of her choice.
(Hansen, 1980)
Abortion has long been a major debate even now this topic is
debated. Whether you are pro-choice or pro-life the right for a
woman to make that decision for herself was monumental.
Women throughout history have been secondary to men.
Through the years women have been able to gain the right to
vote, rights over their own bodies, even job opportunities that
used to just be available for men. Currently women are CEO’s
of companies, high ranked military leaders, political tycoons;

women no longer stand in the shadow of men. The roles that
women were given as homemaker and mother have been broken
and challenged. Now leaders in the world, military, and
political circles there is little that stands in the way of
American women because they were unafraid of the challenge
and rose to the occasion to better themselves.
“Margaret Sanger founded the American Birth Control League
(ABCL) on November 10, 1921 at the First American Birth
Control Conference in New York City” (American, 2010). “This
let women explore their sexuality without having to concern
themselves with unwanted babies” (Bowles, 2011). ”It was
Sanger who actually coined the phrase “birth control” (Spooner,
2005). “She established the ABCL to offer an ambitious
program of education, legislative reform, and research. Her goal
was to build a truly national organization with representation in
every region of the country” (American, 2010). There were
many who protested and fought to pass anti-contraceptive laws.
Most men and some women during this time felt a woman’s
place was inside the home caring for the needs of her husband
and children. Many also believed it was the man’s decision as to
how many children his wife should have. Sanger continued her
quest opening a birth-control clinic in Brooklyn, New York, in
1916; one year later, the authorities arrested her for giving
contraceptives to immigrant women (Bowles, 2011).
"No woman can call herself free who does not own and control
her body. No woman can call herself free until she can choose
consciously whether she will or will not be a mother." --
Margaret Sanger
In addition to the publication, Sanger soon opened a birth
control clinic. She was arrested for her efforts, but she did not
give up. When she returned to the US, in 1916, she opened the
first family planning clinic America had ever known.
Pick an event from World War I through the 1920s and a
corresponding primary source* that you can use in your Final

Paper. Use the Credibility: Critical Thinking video and the
Library of Congress primary source analysis tool to help you as
you think about the primary source. Explain in at least 250
words
An event or development, which affected the lives of women
that I can use for my final paper, is the societal changes created
during World War I. The corresponding primary source will be
Flapper Jane. In early 1917, the United States declared war on
the German Empire. During the World War 1, women, majorly
from the US and other countries involved, played vital roles.
Many of the military leaders criticized the idea of having
women in their troupes. The US government, however, enlisted
women in the US Army to help with war efforts. The women
were required to take over office jobs carried out by the male
soldiers. In turn, the male soldiers were to move from office to
the battlefield.
· Why you think the event was important and how it relates to
your Final Paper topic.
It was important because World War 1 transformed the role of
women in the society from their traditional work, which was
usually in the house, to outside jobs allotted, usually, for men.
During the war, the existing industries opted to dip into the
women labor force because men went to war. The women had to
multitask because they still had their homemaker duties while
also playing an important role in supporting the war by working
for agricultural and war industries. During the war, women
began to take on the role of a man in their homes and elsewhere
in society. The 19th Amendment’s ratification in 1920 granted a
form of equality to women and a newfound freedom of
expression, which they took to new and daring heights.
Although many women lost their husbands during the war, they
suffered together, and societal events changed them together,
creating what some refer to as the “New Woman.”
· What the primary source you chose tells you about this topic.
The primary source details the life and mentality behind the

1920s flappers, who broke away from the Victorian image of
womanhood. They left behind their corsets, cut their hair, wore
makeup and less clothing, and became as sexual as males,
creating what we know as “dating.” These changes imply that
events during the 1920s shaped the overall development of a
woman in a way that influences women today.
· What it does not tell you.
This source does not tell me the theories held by other women
in this era, nor of if, these changes in society were for the best.
Therefore, additional research is necessary to determine if and
how the war, new freedoms, and other events helped to reshape
the development of women at this time in history. Bruce Bliven
describes the change as a radical expression of defiance where
women abandoned status quo, the idea of what a woman should
be and raced to be equals with males in every sense, even
fashion. The primary source also failed to tell us what the
Flapper’s problems were and how they were able to solve them
bearing in mind that most were mothers and homemakers who
had other responsibilities at home.
References:
Bliven, B. (1925, Sept. 9). Flapper Jane. New Republic.
Retrieved from
http://www.newrepublic.com/article/113130/bruce-bliven-
interviews-flapper
References
EM Staff (2004) Margaret Sanger: A Woman on the Front Lines
of Reproductive Freedom. Volume 1, Issue 2
Joint Resolution of Congress proposing a constitutional

amendment extending the right of suffrage to women (1919,
June 4). Ratified Amendments, 1795-1992: General Records of
the United States Government; Record Group 11: National
Archives.
June 10, 1963 - President John F. Kennedy signs the Equal Pay
Act in the Oval Office. (n.d.). Retrieved January 14, 2015, from
https://www.youtube.com/watch?v=nrqYmklM4xA
Norgren, J. (2005). Belva Lockwood: Blaizing The Trail For
Women in Law. Journal of the National Archives (37), 1-14.
Pleck, E. (1979). ‘Wife Beating in Nineteenth Century
America’. In Victimology (Vol. 4, pp. 60-74. Lexington, Mass:
Lexington Books.
The Associated Press. (1932, June 20). Amelia Shuns ‘Over-
Praise’. Atchison Daily Globe.
Women's Suffrage (stock footage / archival footage). (n.d.).
Retrieved January 14, 2015, from
https://www.youtube.com/watch?v=egzhwKAK6Bo
References:
Bowles, M. (2011). A history of the United States since 1865.
San Diego, CA: Bridgepoint Education.
Daughters of Liberty. (2006). In From Suffrage to the Senate:
America's Political Women. Retrieved from
http://www.credoreference.com/entry/ghssapw/daughters_of_lib
erty
Employment Discrimination: Overview - FindLaw. (n.d.).
Employee Rights Center - Employee Rights Center. Retrieved
October 19, 2011, from
http://employment.findlaw.com/employment/employment-
employee-discrimination-harassment/employment-employee-
discrimination-harassment-overview.html
Federal Statutes Dealing with Protection of Civil Rights - Civil
Rights. (n.d.). Civil Rights - Civil Rights. Retrieved October
19, 2011, from http://civilrights.uslegal.com/statutes-dealing-
with-protection-of-civil-rights/#back-to-top name:. (n.d.).

SELECT LIBRARY. Credo Reference Home. Retrieved October
19, 2011, from http://www.credoreference.com/entry/g "
Women's Labor History Timeline: 1765 - Present Day." March
03, 2009. NYSUT: A Union of Professionals. www.nysut.org.
(n.d.). "NYSUT.org ." NYSUT: A Union of Professionals.
www.nysut.org. Retrieved October 19, 2011, from
http://www.nysut.org/newyorkteacher
1st is 250 word discussion due tomorrow.
Background: When World War I ended in 1918, Americans
welcomed what they hoped would be a return to normalcy. The
decades that followed, however, are ones which would rarely be
described as normal in comparison to what came before or after.
After World War I ended and through the 1920s, a struggle
ensued within the American nation regarding how best to define
the nation’s essential character. Groups like the revived Ku
Klux Klan fought a rearguard action to define nationhood solely
in terms of white skin and Protestant religion against
secularists, Catholics, flappers, “New Negroes,” and others who
challenged the traditional order. Immediately thereafter, the
New Deal implemented in response to the Great Depression
revolutionized the role of the federal government in lives of the
American people, in ways that many Americans believed
violated the basic tenets of the Constitution—and others
believed were not radical enough. Taken together, the decades
from 1920 to 1940 may have transformed the American nation
more than any other comparable time period.
Required sources:
· Credibility: Critical Thinking in the Films on Demand
database in the Ashford University Library
· Primary Source Analysis Tool.
Primary sources:
· Flapper Jane
· Taking the Hand Off the Cradle to Catch Devil-Fish: How

Modern Woman Is Delving Into the Sacred Precints of Male
Occupation and Is Now Found in the Role of Bandit, Judge,
Bricklayer, Hunter, and Race(pp. 2-3)
· “The New Negro”: “When he’s hit, he hits back!”
· Should a Catholic Be President?: A Contemporary View of the
1928 Election
· Elise Johnson McDougald on “The Double Task: The Struggle
of Negro Women for Sex and Race Emancipation”
· “Shut the Door”: A Senator Speaks for Immigration
Restriction
· U.S. v. Bhagat Singh Thind.
Recommended sources:
· The Twenties in the Films on Demand database.
· Proletarians of the North: A History of Mexican Industrial
Workers in Detroit and the Midwest, 1917-1933.
Pick an event from World War I through the 1920s and a
corresponding primary source* that you can use in your Final
Paper. Use the Credibility: Critical Thinking video and the
Library of Congress primary source analysis tool to help you as
you think about the primary source. Explain in at least 250
words
· Why you think the event was important and how it relates to
your Final Paper topic.
· What the primary source you chose tells you about this topic.
· What it does not tell you.
*Note: Remember that a primary source is an artifact or
document created at the time of an event or by someone who
personally witnessed the event. You may choose a primary
source from this list or you may find one on your own.
Your initial post should be at least 250 words in length. Support
your claims with examples from the required material(s) and/or
other scholarly resources, and properly cite any references.
Reference point
Final Paper Preparation is due Wednesday.
This assignment will prepare you for the Final Paper by

initiating the research process and helping you map out specific
events and developments, which you will explore in depth in
your paper. Review the instructions for the Final Paper laid out
in Week Five before beginning this project. Note that for the
Final Paper you will need to discuss at least six specific events
or developments related to your chosen topic
For this assignment, you will choose a specific group (Native
Americans, African Americans, women, or immigrants) and six
(or more) related events and developments that affected their
lives. Three of these events/developments must be from the
years 1865-1920 and three of these events must from the years
1920-present. You will then find at least two primary sources
and four other sources for a total of six sources in addition to
your textbook. A maximum of two of your sources can be
videos. Any sources that are not primary sources or videos must
be scholarly sources from the Ashford University Library.
Please remember that primary sources are documents or artifacts
that were created at the time of a historical event or by someone
who personally experienced a historical event. Primary sources
can be newspaper or magazine articles, books, letters, speeches,
photographs, oral histories, paintings, or any other record of a
historical event.
For this assignment:
· State your thesis.*
· Write one page identifying and explaining the events that you
plan to discuss in your Final Paper.
· Create an annotated bibliography with a short (one to two
paragraphs) annotation for each source.**
· You must use at least six sources other than the textbook to
support your claims.
· You must use at least two primary sources.
· You may use no more than two videos.
· Properly cite your sources within the text of your paper and on

the references page.
· Be three pages in length and formatted according to APA style
as outlined in the Ashford Writing Center.
*Thesis statement: Your thesis should be a one- or two-sentence
summary of the main conclusions that you drew while
researching your topic and that you will support in your paper
by constructing a logical argument based on evidence
(sources).
**Annotated Bibliography: To create an annotated bibliography,
list each source in full APA reference format. Then, beneath
each source write a one- or two-paragraph explanation of the
important information in the source and how you plan to use it
in your paper. The annotations must be in your own words. It is
not acceptable to copy and paste the abstract or any other text.
You must have annotations for all six sources.
The paper must be three pages in length and formatted
according to APA style.
Final Paper is due in two weeks
Understanding history can be more difficult than many people
imagine. Historians concern themselves not only with what
happened but with why it happened. They analyze and assess a
variety of sources, including primary sources (ones created
during the time period the historian is examining) and
secondary sources (ones written by other historians after the
period), to create their own interpretations of the past. For the
Final Paper, students will not only learn about the past, but also
experiment with the interpretive, analytical methodologies of
the historian.
Choose from one of the topics below and review its history from
1865 to the present. Select six specific events or developments
that span the years covered by this course, based on their impact
on the topic and write a thesis. Your thesis should summarize

the main conclusions that you drew while researching your topic
and that you will support by creating a logical argument based
on evidence (sources). In your paper, make sure to connect each
of the events or developments you have chosen back to your
main thesis
For example, a paper about African Americans might choose the
Harlem Renaissance and the Black Power Movement as two of
its events. In that case, the paper would provide basic
information about the two movements. It would explain what
each one revealed about the role of African Americans in
broader American society in, respectively, the 1920s and the
late 1960s, explain how and why the roles of African Americans
in the 1920s differed from their roles in the late 1960s, and
explain how events in the 1920s may have contributed to
developments in the later decade.
Choose one of the following topics:
· Native Americans
· African Americans
· Immigrants
· Women
The paper must be four to five pages in length and must be
formatted according to APA style as outlined in the Ashford
Writing Center. The paper must include an introduction, a thesis
statement, and a conclusion that synthesizes and summarizes the
findings of the body paragraphs. You must use at least six
scholarly sources other than the textbook to support your
claims. Of the six scholarly sources, at least two must be
primary sources and at least four must be from the Ashford
University Library. Many sources have been provided for you
throughout the course; feel free to use those in your paper. Cite
your sources within the text of your paper and on the reference
page. For information regarding APA, including samples and
tutorials, visit the Ashford Writing Center.

The paper
· Must begin with an introductory paragraph that has a succinct
thesis statement.
· Must address the topic of the paper with critical thought.
· Must end with a conclusion that reaffirms your thesis.
· Must use at least six scholarly resources, including a minimum
of two primary sources (such as those within the course). You
may use a maximum of two videos.
· Must document all sources in APA style.
· Must include a separate reference page, formatted according to
APA

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