National Institutes of Health Class Action: PubMed Name Search Discriminates Against Women

Case Overview: A class action lawsuit has been filed against the National Institutes of Health (NIH), alleging that PubMed's name search system discriminates against women who change their names after marriage.

Consumers Affected: Women researchers who have changed their names and use PubMed to access their publications.

Court: U.S. District Court for the Southern District of New York

NIH website

Lawsuit Challenges System's Failure to Recognize Name Changes

An accomplished oncologist and researcher has filed a lawsuit against the National Institutes of Health (NIH), the National Library of Medicine (NLM), and the Department of Health and Human Services (HHS) alleging the federal entities violate the Fifth Amendment's equal protection requirements.

Dr. Marsha Reyngold accuses the trio of failing to cross-reference her publications under different names in the PubMed search engine database, saying the oversight disproportionately affects women who change their names due to marriage or divorce. She alleges the system impedes womens’ ability to maintain an accurate and comprehensive academic record.

“Because the vast majority of women marrying in this country takes the name of their spouse upon marriage, Defendants’ adoption of and maintenance of a policy of refusing to cross reference authors of scientific publications, even after they have set up a unique identifier like ORCID, to all the names that such authors have used unjustifiably burdens the right to marry and/or to divorce,” the lawsuit claims.

PubMed's Search System Fails To Accurately Reflect Women's Academic Work, Lawsuit Claims

Dr. Reyngold, who has published extensively under both her maiden name, Marsha Laufer, and her current name, claims that PubMed’s failure to link her publications under these different names has harmed her professional prospects. Despite creating an ORCID (Open Researcher and Contributor ID) that links her publications under both names, PubMed does not display all of her work when searching by either name, according to the lawsuit. 

As a result, Dr. Reyngold argues that she is at a disadvantage when applying for research grants, speaking engagements, and other professional opportunities that consider an individual’s publication history. This issue, she asserts, is a direct result of her decision to change her name after marriage, a choice that many women make.

What Is PubMed And How Does It Work?

PubMed is a widely used search engine operated by the NLM and NIH, designed to provide free access to a vast database of biomedical and life sciences literature. Researchers and the public can search PubMed using various criteria, including author names. To help researchers who publish under different names, PubMed allows them to create an ORCID, which is supposed to link all of their publications regardless of name changes. 

However, as Dr. Reyngold’s lawsuit highlights, the system does not always work as intended. Even with an ORCID, PubMed may fail to cross-reference articles published under different names, leading to incomplete search results and potentially significant professional repercussions.

Oncologist's Career Impacted By PubMed's Limitations, Lawsuit Alleges

Dr. Reyngold’s professional career has been directly impacted by PubMed’s name search limitations, she alleges. During her career, she published articles under her maiden name, Marsha Laufer, before changing her name after marriage. One significant publication from 2007, for example, doesn’t appear in PubMed searches under her current name, despite her efforts to link it through ORCID. 

This omission has made it difficult for Dr. Reyngold to show a complete body of work when applying for grants or seeking speaking engagements, she says in the lawsuit. The inability to accurately track her publications puts her at a competitive disadvantage in her field, where a robust and easily accessible publication record is crucial, she alleges.

Companies Face Legal Challenges Over Alleged Discrimination

The government is often on the other side of legal action regarding discrimination. Late last year Activision Blizzard reached a $54 million settlement with the California Civil Rights Department over allegations of discrimination against women, including unequal pay and denied promotions. 

Meanwhile, Caterpillar Inc. has agreed to pay $800,000 in back wages and offer jobs to settle U.S. Department of Labor allegations of systemic hiring discrimination against Black applicants. Additionally, the Justice Department has filed a complaint against the Wisconsin Department of Military Affairs for offering a woman a lower salary than her male counterparts.

In the National Institutes of Health discrimination class action lawsuit, Reyngold is alleging violations of the Fifth and Fourteenth Amendment and Administrative Procedure Act. She is seeking declaratory and injunctive relief, and nominal damages.

Case Details

  • Lawsuit: Reyngold v. National Institutes of Health et al.
  • Case Number: 1:24-Cv-06496
  • Court: U.S. District Court for the Southern District of New York

Plaintiffs' Attorneys

  • Gregory Dolin, John J. Vecchione (New Civil Liberties Alliance)

Have you experienced discrimination or bias in academic or professional settings? Share your thoughts and experiences in the comments below.

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