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Protective Legislation
Before the passage of the Civil Rights Act of 1964, a federal law, employment issues that affected women were governed solely by state law. After the Civil War, large numbers of women went to work outside their homes. In his speech before his colleagues in the U.S. House of Representatives to encourage the extension of equal suffrage in Alaska on Wednesday, April 24, 1912, Congressman Edward T. Taylor of Colorado stated:
Included in this workforce were married women, espeically black and immigrant women, whose families required two incomes, as well as women who were single, widowed, or had been deserted. Some of them held jobs as school teachers or worked in other professions. Most jobs held by women were low-paying and involved substandard conditions. Some suffrage organizations advocated improvement of working conditions for women. These groups were largely responsible for the changes in labor laws that are referred to as “protective legislation.” Protective legislation limited the number of hours that a woman or child could work in certain jobs and guaranteed them a minimum wage. The legal result, however, was that men and women were treated differently in the work place. The major justifications were that
Although the laws were designed to protect the working woman's health, welfare, and morals until she married, not all employers and employees were satisfied with the legislation. Employers filed suit to have the statutes voided for being unconstitutional. Muller v. Oregon was one of the most famous of these cases.67 In it, the U.S. Supreme Court upheld the constitutionality of protective laws. Oregon's defense team was led by Louis D. Brandeis, a progressive attorney who became an associate justice of the Supreme Court before Muller was decided.68 Promulgation of minimum wage laws for women in the states followed their legislation of maximum hours. An example is the 1918 District of Columbia law that later became the subject of litigation:
Employers contested these laws too; law suits were filed declaring them unconstitutional and in violation of the liberty-of-contract doctrine.70 In 1923, Adkins v. Children's Hospital was appealed to the U.S. Supreme Court, which ruled the law unconstitutional.71 Other state courts, following the precedent set by the Supreme Court, ruled that their state statutes were likewise unconstitutional. Fourteen years later, however, the U.S. Supreme Court reversed its decision and held that a law concerning the minimum wage for women in the State of Washington was constitutional.72 Although these laws guaranteed a minimum wage for women and children, they created unintentional inequities. Protective legislation gave courts the grounds for rendering inequitable decisions. It was not until the Civil Rights Act of 1964 that women enjoyed legislation granting equality in the workplace and the firm legal grounds to enforce such laws in court. In employment, as in suffrage and possession of property, the legal history of women's struggle for equality mirrored what was happening in the society at large and amplifies our understanding of it. [Top] |
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