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
There are undoubtedly other matters in which protective legislation
for women might be extended for reasons not involving any deficiency
of constitutional status. Without indulging in speculation regarding
social needs or moral dangers, we may point to the provisions of
the German trade code, which recognize the special needs of working
women. The right given to women who manage their household, to ask
for an extra half hour at noon, if the period of noon rest is less
than an hour and a half, is probably, like all other privileges made
dependent upon special request, of little practical value. The rule
that women must not be employed after five o’clock in the afternoon
on Saturdays and the eve of holidays, is, however, mandatory, and is
likewise clearly dictated by a regard for household duties. Above all
there is the prohibition of employment before and after confinement,
altogether for eight weeks, the return to work requiring proof that
at least six weeks have elapsed since confinement. In accordance with
the recommendations of the Berlin Conference of 1890, England in 1891
likewise placed a restriction upon the employment of women for four
weeks after childbirth, but the enforcement of the law seems to suffer
from administrative difficulties.[66]
The present scarcity of similar legislation in this country seems to
be due, not so much to constitutional doubts or difficulties, as to
the fact that there does not appear to have been the same demand, or
perhaps, owing to the less common employment of married women, the
same occasion for such a restriction. Should the necessity for such
legislation arise there ought to be no fear that the constitutions
stand in the way of appropriate and adequate protection. Our
present statutes by no means exhaust the permissible field of state
interference.
III
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