Limiting the length of a womans workday constitutional


Assignment task:

What is a simple response to the post below? According to your source, is a state statute, like the 10-hour workday, limiting the length of a woman's workday constitutional? Why or why not? The Oregon labor law is not unconstitutional. 'Supreme Court accepted the argument that while men's working hours could not be regulated by law, women's could.' (DuBois/Dumenil, pg 468) Per the Supreme Court Muller vs Oregon ruling of 1908 which states the 'well-being of women becomes an object of public interest.....to preserve the strength and vigor of the race...' and '...justify legislation to protect her...' (DuBois/Dumenil, Appendix A-8) How might ideas of maternalism & female difference influence the arguments being made? 'Most working women were young, unmarried and childless' (DuBois/Dumenil, pg 469) 'The major forms of legislation was directed at mothers...maternal pension program, to shield mothers....from having to go out into the workplace to earn money...' (DuBois/Dumenil, pg 469) '.... women had been formally labeled weaker than men, without the same claim on individual rights.' (DuBois/Dumenil, pg 468) '... protecrive labor laws conflicted with those of...equal polictical rights.' (DuBois/Dumenil, pg 469) '....government's responsibility to protect......wage labor system and to conserve women's best energies for bearing and raising children.' (DuBois/Dumenil, pg 469) Reminds me of an old adage.... The woman's place is in the home.

 

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