Litigation, Courts, and Women Workers

By Karen J. Maschke | Go to book overview

Amendment, the courts upheld these laws by importing substance into due process -- asking whether the law at hand was proper or reasonable rather than if the procedures used were fair. 36 After Title VII became effective in 1965, the protective issue shifted from a matter of constitutional concern to one of statutory interpretation. Judges were asked to determine if state protective laws for women constituted a form of sex discrimination as prohibited by Title VII.


NOTES
1
Bradwell v. Illinois, 16 Wall. 130 ( 1873); Muller v. Oregon, 208 U.S. 412 ( 1908).
2
Barbara Allen Babcock, Ann E. Freedman, Eleanor Holmes Norton, and Susan C. Ross, Sex Discrimination and the Law ( Boston: Little, Brown, 1975), 261.
3
For accounts of the protective labor movement see Elizabeth Faulkner Baker , Protective Labor Legislation ( New York: AMS Press, 1969; reprint ed., N.Y.: Columbia University Press, 1925); John R. Commons, et al., History of Labor in the United States ( New York: Macmillan, 1936); and Alice Kessler-Harris, Out to Work: A History of Wage-Earning Women in the United States ( New York: Oxford University Press, 1982).
4
Ibid. The body of literature on women's labor history and protective labor issues is expanding. A useful starting point includes Karen Sue Anderson , Wartime Women ( Westport, Conn.: Greenwood Press, 1981); Judith Baer , The Chains of Protection ( Westport, Conn.: Greenwood Press, 1978); William H. Chafe, The American Woman: Her Changing Social; Economic, and Political Role, 1920-1970 ( New York: Oxford University Press, 1972); Maurine Weiner Greenwald, Women, War, and Work. The Impact of World War I and Women Workers in the United States ( Westport, Conn.: Greenwood Press, 1980); Ann Corrine Hill, "Protection of Women Workers and the Courts: A Legal Case History", Feminist Studies 5 ( 1979): 247-73; KesslerHarris , Out to Work; Ruth Milkman, Gender at Work ( Urbana: University of Illinois Press, 1987).
5
See Baker, Protective Labor Legislation; Gail Faulk, "Women and Unions: A Historical View", Women's Rights Law Reporter 1 ( 1973): 54-65.
6
Quoted in Babcock et al., Sex Discrimination and the Law, 280.
7
U.S. Department of Labor. Women's Bureau. "Recognizing the Woman Workers' Family Responsibility". Bulletin No. 84 ( 1931).
8
Rosalyn Baxandall, Linda Gordon, and Susan Reverby, eds.,

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Litigation, Courts, and Women Workers
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgments ix
  • 1 - Introduction 1
  • Note 4
  • Part I - From Wards of the State to Equal Employment Opportunity 5
  • 2 - Protecting Women Workers 7
  • Notes 15
  • 3 - Title VII and the Eeoc 19
  • Notes 34
  • Part II - Principles, Precedents, and Policies 39
  • 4 - Pregnancy and Protection Under Title VII 41
  • Notes 60
  • 5 - Sexual Harassment and Comparable Worth 65
  • Notes 77
  • Part III - The Litigation Process 81
  • 6 - Characteristics of Title VII Cases 83
  • 7 - Conclusion: Courts and the Litigation Process 101
  • Notes 105
  • Select Bibliography 107
  • Index 115
  • About the Author 118
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