Protective laws
Encyclopedia
Protective laws were enacted
to protect women
from certain hazards or difficulties of paid work. These laws
had the effect of reducing the employment available to women, saving it for men. These were enacted in many U.S.
jurisdictions and some were in effect until the mid or late 20th century.
The name is not a formal one, but is a widely-used colloquial term, as was the term protective legislation.
was opposed for men and ruled unlawful in 1923) and forbade or regulated lifting heavy loads, working at night or for long hours, or tending bar
and required some safety and breaks from work for rest, lunch, and bathroom use. The ban on long hours often denied the possibility of earning overtime pay. Some of the laws were irrelevant to work but were intended to protect women's ability to become mothers and not be subject to sexual issues often categorized as moral issues.
, a labor organization, which supported the laws for nonmembers of unions. Some supporters in unions and women's organizations, concerned that courts in the 1950s would oppose pro-labor legislation generally, wanted to preserve whatever such laws were already in place. By 1972, however, the year the Equal Rights Amendment
(ERA) to the U.S. Constitution passed the Congress and was proposed to the states for ratification, unions supported the ERA and considered female-only protective laws as against women's interests.
Another rationale was put forth by an organization which, in 1836, adopted a resolution that said, "Whereas, Labor is a physical and moral injury to women and a competitive menace to men, we recommend legislation to restrict women in industry."
The minimum wage was supported except for men because of "widespread agreement that the labor market did not function effectively where women and the family were concerned" and among feminists because women needed to support their own dependents.
An opponent of these laws was the National Woman's Party
(NWP), which, at the time, led support for the Equal Rights Amendment. The NWP opposed the laws as interfering with women's right to make contracts and as preventing them from offering their full capabilities at work, objecting, for example, to a 20-pound limit on lifting, if a woman wanted that job and could lift the weight.
, ruled unconstitutional (i.e., in violation of the U.S.
Constitution
and thus invalid), or not enforced anymore because they singled women out for unequal treatment. (Laws in the U.S. may not be enforced if they are unconstitutional or otherwise unauthorized in law.) Had the Equal Rights Amendment
to the Constitution been enacted in the 1970s–1980s, it was believed these laws would have been invalidated by the amendment and subsequent litigation and, as a result, most liberal organizations opposed the Amendment. The laws had been supported by social feminists for decades previously.
Some of the laws have been replaced by laws that apply to both genders, such as the Occupational Safety and Health Act
.
An argument for protective laws still sometimes arises, as with debates over the U.S. military's
continuing legal ban on women in certain combat positions, when it is argued that the ban should remain in effect because women might be killed or raped.
In Egypt
, in ca. the 1920s
, the Egyptian Feminist Union
advocated for protective legislation.
Coming into force
Coming into force or entry into force refers to the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect...
to protect women
Woman
A woman , pl: women is a female human. The term woman is usually reserved for an adult, with the term girl being the usual term for a female child or adolescent...
from certain hazards or difficulties of paid work. These laws
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
had the effect of reducing the employment available to women, saving it for men. These were enacted in many U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurisdictions and some were in effect until the mid or late 20th century.
The name is not a formal one, but is a widely-used colloquial term, as was the term protective legislation.
Range of laws
Over a thousand laws affected work hours, wages, occupational choice, mandatory seating, homework, and rights to do business and make contracts. Specifically, various laws required a minimum wage for women and children (criticized because women allegedly didn't need the money, the minimum wageMinimum wage
A minimum wage is the lowest hourly, daily or monthly remuneration that employers may legally pay to workers. Equivalently, it is the lowest wage at which workers may sell their labour. Although minimum wage laws are in effect in a great many jurisdictions, there are differences of opinion about...
was opposed for men and ruled unlawful in 1923) and forbade or regulated lifting heavy loads, working at night or for long hours, or tending bar
Bar (establishment)
A bar is a business establishment that serves alcoholic drinks — beer, wine, liquor, and cocktails — for consumption on the premises.Bars provide stools or chairs that are placed at tables or counters for their patrons. Some bars have entertainment on a stage, such as a live band, comedians, go-go...
and required some safety and breaks from work for rest, lunch, and bathroom use. The ban on long hours often denied the possibility of earning overtime pay. Some of the laws were irrelevant to work but were intended to protect women's ability to become mothers and not be subject to sexual issues often categorized as moral issues.
Rationale for passage
Protection of women was a rationale for the enactment of the laws. Women were considered more vulnerable than men in factories and sweatshops, and one supporter of the laws was the Amalgamated Clothing WorkersAmalgamated Clothing Workers of America
The Amalgamated Clothing Workers of America was a United States labor union known for its support for "social unionism" and progressive political causes. Led by Sidney Hillman for its first thirty years, it helped found the Congress of Industrial Organizations...
, a labor organization, which supported the laws for nonmembers of unions. Some supporters in unions and women's organizations, concerned that courts in the 1950s would oppose pro-labor legislation generally, wanted to preserve whatever such laws were already in place. By 1972, however, the year the Equal Rights Amendment
Equal Rights Amendment
The Equal Rights Amendment was a proposed amendment to the United States Constitution. The ERA was originally written by Alice Paul and, in 1923, it was introduced in the Congress for the first time...
(ERA) to the U.S. Constitution passed the Congress and was proposed to the states for ratification, unions supported the ERA and considered female-only protective laws as against women's interests.
Another rationale was put forth by an organization which, in 1836, adopted a resolution that said, "Whereas, Labor is a physical and moral injury to women and a competitive menace to men, we recommend legislation to restrict women in industry."
The minimum wage was supported except for men because of "widespread agreement that the labor market did not function effectively where women and the family were concerned" and among feminists because women needed to support their own dependents.
Criticisms
They were criticized on several grounds.- They failed to require protection from the hazards or difficulties for all workers who needed those protections.
- They denied jobs to women who did not need the protections at all, or who needed the jobs more than the protections and could make that choice.
- Many denied jobs rather than required changes, either at the workplaces or elsewhere, that would have reduced any reason for protection.
- Few, if any, of these laws applied to women's unpaid work at home or with families, which could be more hazardous or difficult than some of the restricted employments.
- While some women may have advocated for such laws, many were put into effect when women did not have the voteSuffrageSuffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...
or the right to hold electoral office, so the people ultimately responsible for legislating them were almost exclusively menManThe term man is used for an adult human male . However, man is sometimes used to refer to humanity as a whole...
, and they were responding to voters who were men. - The laws favored the employing of men. Many men believed that to be right and just. Many women believed denying jobs to women to be wrong and unjust.
An opponent of these laws was the National Woman's Party
National Woman's Party
The National Woman's Party , was a women's organization founded by Alice Paul in 1915 that fought for women's rights during the early 20th century in the United States, particularly for the right to vote on the same terms as men...
(NWP), which, at the time, led support for the Equal Rights Amendment. The NWP opposed the laws as interfering with women's right to make contracts and as preventing them from offering their full capabilities at work, objecting, for example, to a 20-pound limit on lifting, if a woman wanted that job and could lift the weight.
Modernity
Eventually, most or all were amended, repealedRepeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
, ruled unconstitutional (i.e., in violation of the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and thus invalid), or not enforced anymore because they singled women out for unequal treatment. (Laws in the U.S. may not be enforced if they are unconstitutional or otherwise unauthorized in law.) Had the Equal Rights Amendment
Equal Rights Amendment
The Equal Rights Amendment was a proposed amendment to the United States Constitution. The ERA was originally written by Alice Paul and, in 1923, it was introduced in the Congress for the first time...
to the Constitution been enacted in the 1970s–1980s, it was believed these laws would have been invalidated by the amendment and subsequent litigation and, as a result, most liberal organizations opposed the Amendment. The laws had been supported by social feminists for decades previously.
Some of the laws have been replaced by laws that apply to both genders, such as the Occupational Safety and Health Act
Occupational Safety and Health Act
The Occupational Safety and Health Act is the primary federal law which governs occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970...
.
An argument for protective laws still sometimes arises, as with debates over the U.S. military's
United States armed forces
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
continuing legal ban on women in certain combat positions, when it is argued that the ban should remain in effect because women might be killed or raped.
Worldwide
Nations other than the U.S., in modern times, may have laws with comparable intent or effect and that constrain employment of women or of other groups of adults defined by characteristics at birth, although the laws may not be called by the same name.In Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
, in ca. the 1920s
1920s
File:1920s decade montage.png|From left, clockwise: Third Tipperary Brigade Flying Column No. 2 under Sean Hogan during the Irish Civil War; Prohibition agents destroying barrels of alcohol in accordance to the 18th amendment, which made alcoholic beverages illegal throughout the entire decade; In...
, the Egyptian Feminist Union
Egyptian Feminist Union
The Egyptian Feminist Union was the first nationwide feminist movement in Egypt. It was founded at a meeting on March 16, 1923 at the home of activist Hoda Shaarawi, who served as its first president until her death in 1947. The Union was affiliated to the International Woman Suffrage Alliance...
advocated for protective legislation.