
A Class by Herself
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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.
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Content
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
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The file format ePUB works well for novels and non-fiction books – i.e., „flowing” text without complex layout. On an e-reader or smartphone, line and page breaks automatically adjust to fit the small displays.
This eBook uses Watermark-DRM, a „soft” copy protection. This means that there are no technical restrictions to prevent illegal distribution. However, there is a personalised watermark embedded in the eBook that can be used to identify the purchaser of the eBook in the event of misuse and to provide evidence for legal purposes.
For more information, see our eBook Help page.