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
can be made regular should be allowed for those in which it cannot.
I do not want to be understood as condoning the excessive hours per
day and per week that are now occasionally worked in those factories
to which such an exception would apply. On the contrary they should
be sharply restricted according to health requirements. But I believe
that if those factories were allowed such variations from the general
rule as would not be injurious to health, it would render the law more
easily and generally enforcible as to them and would in fact reduce
their hours of labor, and it would avoid the danger of an adverse
decision from the courts as to the constitutionality of the provisions
limiting the hours of women’s labor.
It is not easy to see why any emergency provision should be regarded as
in itself violating the principle of equality, but there may be some
danger in not treating alike different emergencies which are entitled
to equal consideration.
The absence of an emergency clause may expose the law to the charge of
creating unnecessary hardships and thereby creating an unreasonable
interference with liberty. If however in this as in other matters
perfect justice and adaptation of means to the end might be thought to
require a more minute differentiation than our statutes provide, it
should be borne in mind that one very legitimate element in considering
the reasonableness of a statute is the possibility or facility of its
administration. A certain degree of mechanical uniformity of rules
is essential to the successful operation of any act. Experience has
demonstrated that it is extremely difficult to control compliance with
legal limitations of hours of labor, if the permitted number of hours
may be arranged at any time within a range of fourteen or fifteen
hours, or if the employer is permitted to employ two shifts of working
women, or if he is allowed to distribute 54 or 60 hours through the
week as he pleases. On the other hand Dr. Jacobi quotes the labor
commissioner of New York as saying: “Except for the administrative
reason that it makes it easier to enforce the prohibition against
overtime, there is no present necessity in this state for the
prohibition of night work by adult women. On the other hand, if
enforced, it would deprive some mature working women, employed by night
only at skilled trades, for short hours and for high wages, of all
means of support. And the prohibition, in its application to factories
only, seems rather one-sided when we consider that probably the hardest
occupations of women, those of hotel laundresses and cleaners, are not
limited as to hours in any way.”[69] The relevancy of administrative
considerations has received very little judicial discussion in
connection with the problem of discrimination, and deserves serious
consideration. While important rights should not be allowed to be
sacrificed to mere official convenience, effectiveness and even the
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