A class by herself: : protective laws for women workers, 1890s-1990s / Nancy Woloch.
2015
KF3555 .W65 2015 (Map It)
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Details
Author
Title
A class by herself: : protective laws for women workers, 1890s-1990s / Nancy Woloch.
Published
Princeton, New Jersey : Princeton University Press, [2015]
Call Number
KF3555 .W65 2015
ISBN
9780691002590 hardback
0691002592 hardback
0691002592 hardback
Description
vii, 337 pages : illustrations ; 25 cm.
System Control No.
(OCoLC)894670518
Summary
"A Class by Herself explores the historical role and influence of protective legislation for American women workers, both as a step toward modern labor standards and as a barrier to equal rights. Spanning the twentieth century, the book tracks the rise and fall of women-only state protective laws--such as maximum hour laws, minimum wage laws, and night work laws--from their roots in progressive reform through the passage of New Deal labor law to the feminist attack on single-sex protective laws in the 1960s and 1970s. Nancy Woloch considers the network of institutions that promoted women-only protective laws, such as the National Consumers' League and the federal Women's Bureau; the global context in which the laws arose; the challenges that proponents faced; the rationales they espoused; the opposition that evolved; the impact of protective laws in ever-changing circumstances; and their dismantling in the wake of Title VII of the Civil Rights Act of 1964. Above all, Woloch examines the constitutional conversation that the laws provoked--the debates that arose in the courts and in the women's movement. Protective laws set precedents that led to the Fair Labor Standards Act of 1938 and to current labor law; they also sustained a tradition of gendered law that abridged citizenship and impeded equality for much of the century. Drawing on decades of scholarship, institutional and legal records, and personal accounts, A Class by Herself sets forth a new narrative about the tensions inherent in women-only protective labor laws and their consequences. "-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 275-320) and index.
Record Appears in
Gift
Purchased from the income of the Murray Fund
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Murray Fund
Table of Contents
Introduction
1
1.
Roots of Protection: The National Consumers' League and Progressive Reform
5
Progressives Mobilize
6
Florence Kelley and the NCL
11
Rationales: The Perils of Pragmatism
18
Roadblocks: Business and Labor
25
Law: Constraint and Opportunity
28
2.
Gender, Protection, and the Courts, 1895--1907
33
Freedom of Contract versus the Police Power
35
A Lowell Mill: Commonwealth v. Hamilton Manufacturing Co. (1876)
38
A Chicago Box Factory: Ritchie v. People (1895)
39
A Utah Mine: Holden v. Hardy (1898)
43
Women's Hours Laws: Pennsylvania, Washington, Nebraska
45
A Utica Bakery: Lochner v. New York (1905)
48
A New York Bookbindery: People v. Williams (1907)
51
3.
A Class by Herself: Muller v. Oregon (1908)
54
Local Roots of the Muller Case
55
Muller Goes to Court
58
The NCL Steps In
61
The Brandeis Brief
64
Curt Muller's Brief
70
The Muller v. Oregon Opinion
73
Assessing the Law of 1903
79
4.
Protection in Ascent, 1908--23
85
Maximum Hours Cases
87
Night Work Laws
93
Protecting Men
97
The Minimum Wage
103
War and Peace
109
Adkins v. Children's Hospital (1923)
112
5.
Different versus Equal: The 1920s
121
Alice Paul, the National Woman's Party, and the ERA
122
The NCL, Social Feminism, and the Minimum Wage
125
Factions Collide: The Women's Movement
130
Close Combat: The Conferences
133
The Women's Bureau Report of 1928
137
Did the Laws Work? Enforcement and Effectiveness
141
Working Women's Voices
145
6.
Transformations: The New Deal through the 1950s
152
New Deal Women
153
The Minimum Wage and the Revolution of 1937
158
FLSA: Protection Triumphant
162
The 1940s: War and Postwar
167
Bartending: Goesaert v. Cleary (1948)
174
Women in Unions
180
The Women's Bureau and the NWP
184
7.
Trading Places: The 1960s and 1970s
191
The Early 1960s: PCSW and Equal Pay
193
Title VII, the EEOC, and Protective Laws
197
Protection Debated: Pressure and Politics, 1965--69
202
Protection Challenged: Three Landmark Cases
207
Protection Dismantled: The Courts and the States
212
Closing Arguments: 1970
221
The ERA and the Women's Movement
224
8.
Last Lap: Work and Pregnancy
235
Pregnancy Cases: The 1970s
236
The Pregnancy Discrimination Act (1978)
242
Toward Family Leave
248
The Toxic Workplace
250
The Johnson Controls Decision (1991)
255
Conclusion: Protection Revisited
261
Looking Back: The Clash over Overtime
263
Moving On: After Protection
267
Acknowledgments
273
Notes
275
Index
321