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
If the validity of some particular form of regulation for a particular
purpose be conceded, another difficulty arises in determining the
proper range and scope of the proposed law. The equal protection of
the laws guaranteed by the fourteenth amendment does not demand a
mechanical equality of treatment of all persons irrespective of the
conditions of their occupation or employment; but this equality is
inconsistent with arbitrary or partial discrimination. Ever since the
Supreme Court of the United States declared the Illinois anti-trust law
unconstitutional, because it made an exception from its prohibitions
with reference to agricultural products or live stock in the hands of
the producer or raiser,[67] there has been a feeling of uncertainty
as to the extent of permissible classification. The tendency of the
federal Supreme Court has been on the whole to concede to state
legislatures a considerable latitude in the selection of objects of
police restraint; but the risk of contest on this ground is a factor
to be reckoned with in framing any restrictive legislation. Some of
the states, as Illinois, are inclined to apply the principle rather
strictly against the singling out by statute of certain groups, when
other groups might be liable to similar dangers or evils.
The categories which we find mentioned in the American statutes
restricting the hours of labor of women, are factories (by this or
some other equivalent designation), mechanical establishments (not
clearly differentiated from factories), mercantile establishments,
laundries, hotels and restaurants. In most of the states having laws
on the subject only some of these are covered. No law has as yet
undertaken to regulate with particular reference to women either
industrial home work or domestic or semi-professional service. Only one
state (Oregon) includes the important transportation and transmission
employments, especially the telephone and telegraph service, in which
so many women are engaged, while Montana confines its restriction to
the public telephone service. Up to the present time no law relating
to women’s work has been declared unconstitutional by reason of the
specification of particular employments; the law sustained by the
Supreme Court of the United States applied to manufacturing and
mechanical establishments and laundries. It seems reasonable enough
to differentiate these employments from those in which there is an
element of personal service, such as waiting on customers or rendering
direct assistance to the employer, and which are therefore free
from the monotonous routine of purely mechanical work. It might be
difficult on the other hand to justify the omission of such work as
dishwashing or scrubbing in restaurants or hotels. Again, where the
restriction applies to employment in mechanical, but not in mercantile
establishments, a question might be raised concerning the clerical
positions of both classes which are filled by women, and which are
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