Gender Equity in the Workplace: 1908 & 2010
In 1903, the state of Oregon passed an act including this section:
“Sec, 1. That no female (shall) be employed in any mechanical establishment, or factory, or laundry in this state more than ten hours during any one day. The hours of work may be so arranged as to permit the employment of females [208 U.S. 412, 417] at any time so that they shall not work more than ten hours during the twenty-four hours of any one day”
In 1908, a laundry in Portland was convicted of overworking a female employee and thus, violating the above section. The defense argued that the original statue, made in 1903, restricted the rights of individuals to form contracts of their own accord. In the eyes of the defense, this violated the 14th Amendment to the Constitution's promise not to deprive its citizens of “life, liberty, or property.”
The key issue disputed in the Curt Miller v. State of Oregon (1908) case was whether or not female laborers, in the newly industrialized economy, needed a formal, legalized restriction on their own working hours. In other words, did the difference between the sexes require a different labor law?
It was ultimately ruled that the state had the right to restrict the legal hours of work for female employees. This judgement was articulated by jurist David Josian Brewer on the grounds that, because of her “maternal functions,” woman is at a “disadvantage” in the “struggle for existence” that was thought to define the industrial economy at the turn of the century. In other words, the performance of women in the workplace was different, and weaker. Thus, women required a legal limitation be placed on their working hours by the state.
Also, in the words of Brewer, because the “physical well being of woman” was considered critical in the strength of future american generations, the standardization of their work hours was argued to be “an object of public interest.”
This case placed women in a position of inferiority in the workplace, upheld the act passed in 1903, and set the precedent that it was the job of the state to intervene and protect women from what Brewer called "the greed as well as the passion of man.” Women were thus formally protected from the competitive, male-dominated industrial economy of the early 20th century.
By contrast, in 2010, Hanna Rosin wrote an article for The Atlantic entitled “The End of Men.” In her article, Rosin vehemently argues that the modern, postindustrial economy is now better suited to, and dominated by, women. In her introduction, she begins by acknowledging that the majority of today's workforce is now actually female.
Rather than the brute strength that made men better employees in Oregon's laundries, Rosin claims that businesses today depend on social intelligence and open communication -- both traits conventionally (though perhaps too generally?) attributed to women. She cites that in the Recession, three-quarters of the 8 million jobs lost were lost by men. She claims that many growing industries, like nursing, home health assistance, and child care, are areas that are historically overwhelmingly dominated by women.
Also, rather than simply conceiving of maternity as a burden that consistently puts women at a disadvantage in the job market (as in the Muller vs. Oregon Case), Rosin argues that having a child is must less of an issue in today's job market. The traditional term "mommy tracking" is in many cases now called"flex time." In an age where terms like "paternity leave" and "adoption leave" are proliferating, having a child is less of a woman's-only issue, and more a common occurrence in an employee's career.
Furthermore, Rosin calls our attention to the fact that women dominate, in terms of numbers, in higher education. For every two men who will receive a B.A. this year, three women will obtain a B.A.. Because of this, and the desires of individual colleges to retain reasonable gender ratios, admissions have become in many cases, easier for male applicants. She sites a study by Saundy Baum and Eban Goodstein which concludes that, at some liberal-arts institutions, male applicants are 6.5 to 9 percentage points more likely to be successful in their applications. She also mentions that 60 percent of master's degrees are obtained by women. Because college education is in many ways the gateway to economic success, Rosin argues that this trend will place women in the advantage in the long-run.
Rosin's article does glaze over one critical detail - that the wage gap between men and women has sustained despite these striking current statistics.
Barnard President, Debora Spar, in her recent article ("Why our Brightest Female Graduates are Still at a Disadvantage" written for the Washington post) acknowledges this reality. She accredits the persisting wage gap to the fact that "no matter how man women may be getting degrees, the university experience is still an unequal one." She claims that, once in college, females tend to challenge themselves less and make fewer ambitious plans for themselves. She remarks that the U.S. liberal arts education system places less of an emphasis on life after college, especially in contrast to European trade schools. Spar concludes by claiming that an exposure to more career-relevant specific skills, should be made an integral part of the female student's college experience.
Spar's point weakens Rosin's assessment that women are already dominating in the job market. What is true, however, is that, in a changing economy, the personal variables that contribute to success are varying dramatically. Her investigation has intrigued many, and her original article for The Atlantic was expanded to a book, "The End of Men: And the Rise of Women" (published in 2012). It is, and will continue to be, critical to consider the nature of our economy and its changing demands. As we emerge from a past where industrial success was primarily dominated by men, will women become major players? Will they take the lead?
Works Cited
1. Curt Muller v. State of Oregon 208 U.S. 412 (1908), argued 15 Jan. 1908, decided 24 Feb. 1908 by vote of 9 to 0; Brewer for the Court.
2. Rosin, Hanna. "The End of Men." The Atlantic. N.p., Aug. 2010. Web. 25 Feb. 2013. <http://www.theatlantic.com/magazine/archive/2010/07/the-end-of-men/308135/>.
3. Spar, Debora. "Why Our Brightest Female Graduates Are Still at a Disadvantage."Washington Post. The Washington Post, 22 Feb. 2013. Web. 25 Feb. 2013. <http://www.washingtonpost.com/national/on-leadership/why-our-brightest-female-graduates-are-still-at-a-disadvantage/2013/02/21/68cb192a-7c5a-11e2-82e8-61a46c2cde3d_story.html>.
Images
1.http://mrspencer.info/united-states-history-government/26-teddy-roosevelt/muller-v-oregon-1908/
2.http://vivmag.com/the-end-of-men-hanna-rosins-new-book-explores-the-cultural-gender-shift/