In connexion with so-called welfare-legislation, it is interesting
to observe that women and children are customarily grouped together
as classes requiring protection; and that various laws affecting
their position in industry have been sanctioned by the courts as
being for the good of the race and therefore not to be regarded
as class-legislation. Such decisions certainly would appear to be
reasonable in so far as they apply to children, who are the rising
generation of men and women, and should be protected during their
immaturity. But they can be held valid as they affect women only if
woman is regarded as primarily a reproductive function. This view,
apparently, is held by most legislators, courts, and uplifters; and
they have an unquestionable right to hold it. Whether, however,
they are just in attempting to add to the burdens of the working
woman by imposing it upon her in the form of rules that restrict
her opportunities, is another question. One thing is certain: if
discriminative laws and customs are to continue to restrict the
opportunities of women and hamper them in their undertakings, it makes
little difference for whose benefit those laws and customs are supposed
to operate, whether for the benefit of men, of the home, of the race,
or of women themselves; their effect on the mind of woman and her
opportunities, will be the same. While society discriminates against
her sex, for whatever reason, she can not be free as an individual.
Should nothing, then, be done to protect women from the disabilities
and hazards to which they are subject in the industrial world? Better
nothing, perhaps, than protection which creates new disabilities.
Laws which fix fewer hours of work for women than for men may
result in shortening men’s hours also in factories where many women
are employed; but they may result in the substitution of men--or
children--for women in factories where but few have been employed.
Laws prohibiting night-work may reduce the chances of women to get
much-needed employment, and may sometimes shut them out of work which
would offer higher returns on their labour than anything they might
get to do during the day--as, for example, night-work in restaurants,
where the generous tips of after-theatre patrons add considerably to
the earnings of waiters. Moreover, it is hard to see on what ground
night-work could be held to be more harmful for women than for men.
Minimum-wage laws may fix a legal limit to the greed of employers, but
they can not prevent the underpayment of women workers, for they are
based on theoretical notions of a living wage, and have no relation to
the actual value of the individual’s labour. Where they are fixed by
law, as I have remarked, a rise in the cost of living may render them
ineffectual. As for those laws which undertake to protect women against
the hazards of industry, they have usually, as the Women’s Bureau has
shown, very little relation to the hazards to which women are actually
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