The economic position of womenAcademy of Political Science in the City of New York
History
The economic position of women
Academy of Political Science in the City of New York
Women -- Employment -- United States; Women -- United States -- Economic conditions
From a constitutional point of view it makes a considerable difference
whether the exercise of special power over the individual is based upon
his supposed dependency and inferiority of right, or is due to special
conditions in no way derogatory to his civil status. It is one thing to
quarantine a smallpox patient, another thing to detain an alien at an
immigrant station. When measures shall be proposed for the control of
women in industry upon a principle different from any applied to men,
it will be time to inquire whether she is to be measured by different
and inferior political standards. The laws that have been so far
enacted for women involve, with rare exceptions, no such discrimination.
The specific evil effects of long hours of standing upon female organs
have long been recognized; so there is assumed to be a difference
in nervous structure, and a greater susceptibility, in consequence
of this, to the exhaustion of prolonged work. The indirect danger
of diminished strength and vitality of possible offspring involves
a supreme interest of the community at large, for which there is no
parallel in the case of men, and which must satisfy the demands of the
strictest constitutional constructionist.
The prohibition of night work in factories has in the case of younger
women, at least, the justification of moral protection;[64] and while,
upon an assumed constitutional equality of both sexes, such total
prohibition is less easily explained as regards women of mature age,
it is probably possible to establish a case of social or physical
desirability of the restriction in their favor.
It might be said that the prohibition of women’s work on specially
dangerous machinery presents a case where the tutelary care of the
state is simply pushed one step farther than in the case of men; but
even here a specific danger is traceable; for it appears that the first
provision of that kind in England was due to the suggestions of factory
inspectors who pointed out to the parliamentary committee that the
customary dress of girls and women made them especially liable to be
caught by machinery.[65]
Public-domain text, read in full here on John Shaqi.
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