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ARTICLE · 14 AUGUST 2025

The Case For Gender-Specific Class Actions In Light Of Failed Government Policies

Across sectors, government policies built on faulty evidence-based approaches ("EBA") have disproportionately failed women, leading to preventable harm.

CanadaLitigation, Mediation & Arbitration

The Case for Gender-Specific Class Actions in Light of Failed Government Policies

Across sectors, government policies built on faulty evidence-based approaches ("EBA") have disproportionately failed women, leading to preventable harm. These policies often rely on data that prioritize male standards, leaving women under-protected in areas like automotive safety, healthcare, municipal infrastructure, and employment practices. With growing recognition of these disparities, there is a rising potential for gender-specific class actions against governments and institutions that enable these failures.

Evidence-Based Policy: A Double-Edged Sword

EBA policies rely heavily on quantitative data, which is viewed as less subjective and more reliable for decision-making. However, these data sets are often male-centered, leading to systematic biases. From crash-test dummies designed for the "50th percentile man", and even today fewer than 30% of participants in

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