Gender equality in academia: how legislation against discrimination can back-fire

Systemic discrimination and structural barriers continue to hinder women’s participation in academic organizations. We address gender discrimination faced by women in academia, debating how this phenomenon persists despite advances in legislation for gender equality. This case study reflects a paradoxical reality: in a context where women are the majority, men often maintain control over positions of power. The scenario is aggravated by a dynamic of divergent values among groups, where a male minority uses a legal instrument originally designed to protect disadvantaged groups – typically women – to restrict females’ effective participation in organizational structures. The case illustrates how legislation can be instrumentalized to perpetuate men’s power and gender imbalance. It discusses how a law designed to foster gender equality in academic decision-making bodies can be subverted, contradicting its original purpose. The paper highlights the need for policies and practices that go beyond mere numerical representation, ensuring women’s access to governing bodies and decision-making structures.