Concerning Women

by Suzanne La Follette

Perhaps the most striking thing about all these multiform regulations governing the employment of women is the amount of misplaced zeal that they denote. “In most cases,” says the Women’s Bureau, “the laws which prohibit their employment have little bearing on the real hazards to which they are exposed.... Prohibiting the employment of women on certain dusty processes does not solve the problem of any industrial disease in a community. Men are also liable to contract pulmonary diseases from exposure to dusts.... It is very possible that under the guise of ‘protection’ women may be shut out from occupations which are really less harmful to them than much of the tedious, heavy work both in the home and in the factory which has long been considered their special province. Safe standards of work for women must come to be safe standards for men also if women are to have an equal chance in industry.” The italics are mine. It is worth mentioning here that only two States prohibit the employment of women in the lead-industry, which so far is the only one that has been proved more harmful to women than to men. The mass of legislation and regulation designed to protect women from the fatigues and hazards of industry would seem, then, to have been animated more by chivalry than by scientific knowledge; and while chivalry may be all very well in its place, it can hardly be expected to solve the industrial problem of women.

In connexion with so-called welfare-legislation, it is interesting to observe that women and children are customarily grouped together as classes requiring protection; and that various laws affecting their position in industry have been sanctioned by the courts as being for the good of the race and therefore not to be regarded as class-legislation. Such decisions certainly would appear to be reasonable in so far as they apply to children, who are the rising generation of men and women, and should be protected during their immaturity. But they can be held valid as they affect women only if woman is regarded as primarily a reproductive function. This view, apparently, is held by most legislators, courts, and uplifters; and they have an unquestionable right to hold it. Whether, however, they are just in attempting to add to the burdens of the working woman by imposing it upon her in the form of rules that restrict her opportunities, is another question. One thing is certain: if discriminative laws and customs are to continue to restrict the opportunities of women and hamper them in their undertakings, it makes little difference for whose benefit those laws and customs are supposed to operate, whether for the benefit of men, of the home, of the race, or of women themselves; their effect on the mind of woman and her opportunities, will be the same. While society discriminates against her sex, for whatever reason, she can not be free as an individual.

Should nothing, then, be done to protect women from the disabilities and hazards to which they are subject in the industrial world? Better nothing, perhaps, than protection which creates new disabilities. Laws which fix fewer hours of work for women than for men may result in shortening men’s hours also in factories where many women are employed; but they may result in the substitution of men—or children—for women in factories where but few have been employed. Laws prohibiting night-work may reduce the chances of women to get much-needed employment, and may sometimes shut them out of work which would offer higher returns on their labour than anything they might get to do during the day—as, for example, night-work in restaurants, where the generous tips of after-theatre patrons add considerably to the earnings of waiters. Moreover, it is hard to see on what ground night-work could be held to be more harmful for women than for men. Minimum-wage laws may fix a legal limit to the greed of employers, but they can not prevent the underpayment of women workers, for they are based on theoretical notions of a living wage, and have no relation to the actual value of the individual’s labour. Where they are fixed by law, as I have remarked, a rise in the cost of living may render them ineffectual. As for those laws which undertake to protect women against the hazards of industry, they have usually, as the Women’s Bureau has shown, very little relation to the hazards to which women are actually exposed; but they constitute a real barrier to industrial opportunity. On the whole, the vast and unwieldy array of laws and rules designed either to protect the woman worker, or to safeguard the future of the race at her expense, are a pretty lame result of a great deal of humanitarian sound and fury. Parturiunt montes.

It is quite natural that the result should be lame; for these protections and safeguards represent so many attempts to mind some one else’s business; and the great difficulty about minding some one else’s business is that however good one’s intentions may be, one can never really know just where that some one’s real interests lie, or perfectly understand the circumstances under which he may be most advantageously placed in the way to advance them, for the circumstances are too intimately bound up with his peculiar temperament and situation. As Mill has remarked in a passage which I have already quoted, the world has learned by long experience that affairs in which the individual is the person directly interested go right only when they are left to his own discretion, and that any interference by authority, save to protect the rights of others, is mischievous. The tendency of modern welfare-legislation is to make a complete sacrifice of individual rights not to the rights but to the hypothetical interests of others; and for every individual who happens to benefit by the sacrifice, there is another who suffers by it. If it is hard to regulate one human being for his own good, it is impossible to regulate people en masse for their own good; for there is no way of making a general rule affect all individuals in the same way, since no two individuals are to be found who are of precisely the same temperament and in precisely the same situation.

There is in all this bungling effort to ameliorate the ills of working women and to safeguard through them the future of the race, a tacit recognition of economic injustice and a strange incuriousness about its causes. One would naturally expect that the conditions which move people to seek protective legislation would move them to question the nature of an economic system which permits such rapacity that any class of employees requires to be protected from it. Surely the forces of righteousness must know that there are reasons for the existence of the conditions which move them to pity and alarm; yet they seem quite willing to go on indefinitely battling against the conditions, and winning with great effort legislative victories which are constantly being rendered ineffectual through lax administration of laws, through the reluctance of employees to jeopardize their positions by testifying against employers, or through unforeseen changes in economic conditions. During all this waste of time and effort, this building and crumbling and rebuilding of protective walls around the labourer, the causes of economic injustice continue their incessant operation, producing continuously a new crop of effects which are like so many windmills inviting attack by the Don Quixotes of reform.

Let us consider the effects of economic injustice on women, side by side with the reformer’s work upon those effects. Women in industry suffer, as I have shown, the injustice of inequality with men as regards wages, opportunities, training, and tenure of employment. The reformer attacks the problem of wages, and secures minimum-wage laws based on some one’s theory of what constitutes a living wage. No allowance is made for dependents because women, theoretically, have none. The amount allowed may from the first be inadequate, even for one person, or it may be rendered inadequate by a rise in the cost of living. In either case, it is purely arbitrary, and bears no relation whatever to the value of the worker’s services. Still, such legislation might be better than nothing if there were nothing better to be done. The reformer is less zealous in his attempt to provide women with opportunities; his showing in this field is less impressive than in that of wages. Still, he has done something. If he has not been entirely responsible for the opening to women of many positions in government service, he has at least greatly assisted in securing them these opportunities. Farther than this, it must be admitted, it is difficult for him to go. He might, indeed, exert himself to see that women are provided by one means or another with equal opportunities to get training, but he can do little to affect the policies of private employers of labour, who can hardly be dictated to concerning whom they shall hire and whom they shall retain. Nor can he prevent employers from laying off women workers first when there is a slowing down in production. In three, then, out of four of the disadvantages which bear more heavily on women in industry than on men, the reformer, with all his excellent intentions, is unable to be very helpful; while in his zeal to safeguard the race, whose future appears to him to depend entirely on the health of the female sex, he has multiplied their disadvantages in the manner I have already described, without, however, having made any noteworthy advance toward the accomplishment of his purpose.

Now, had he chosen to inquire into the causes of the artificial disabilities by which women workers are handicapped, he might have discovered that these and the industrial hazards which cause him such grave concern may be traced to the same fundamental source; and that the just and only effective way of removing these disabilities and hazards is to eradicate the source. Women in industry are the victims of traditional prejudices: I have shown what those prejudices are—the idea that woman’s place is the home, that women workers have no dependents, that they work for pin-money and therefore do not need a living wage, that upon them alone depends the future health of the race. But as I remarked at the beginning of this chapter, these prejudices could not be turned to the disadvantage of the woman worker if it were not for the overcrowding of the labour-market. So long as there are more people looking for work than there are jobs to be had, the advantage in fixing terms and conditions of labour is on the side of the employer. If men are obliged by their need to put up with underpayment, women will be forced to accept an even worse rate; if the tenure of men is uncertain, that of women will be even more so. If the conditions of industry are hazardous, the alternative of starvation will force the workers to risk injury or death unless the employer be required by law to maintain the proper safeguards. Suppose, however, that labour were scarce, that for every worker looking for employment there were a dozen employers looking for workers. Under such circumstances, the employer would be glad enough to hire the worker who could fill his particular requirements, without regard to sex, as employers did during the war when labour was scarce; and he would pay the worker a wage determined not by theory or prejudice, but by the amount of competition for the worker’s services. If the employment he offered were hazardous, he would be obliged to maintain proper safeguards in order to retain his employees, and in addition would probably be forced to pay them a higher wage than they could earn in some safer employment. If he did not do these things, his workers would simply leave him for more satisfactory positions. Nor would he be able to overwork his employees, for if he attempted to do so, some rival employer would outbid him for their services by offering better hours and easier conditions of labour. Thus the peculiar disabilities of women workers would disappear with the disabilities of labourers in general, and not a stroke of legislation would be required to make industry both safe and profitable for the woman worker.

This condition is not unnatural or impossible. It is the present condition of chronic unemployment, of expensive and ineffectual “welfare” legislation, of wasteful and futile struggles between organized capital and organized labour—it is this condition that is entirely unnatural. I have mentioned its cause in Chapter III, and I shall discuss it further in my next chapter. Upon its removal, and not upon regulations which hamper the woman worker and reduce her to the status of a function, the future of the race depends. The ancestors of coming generations are men as well as women, and posterity will derive its heritage of health from its ancestors of both sexes. Its prospect of health will not be improved by legislation calculated to safeguard the health of women workers, so long as the children they bear continue to be exposed to an involuntary poverty which breeds ignorance, imbecility, disease and crime. The happiness as well as the health of future generations will depend in great measure upon the extent to which both men and women can release themselves from the deteriorating conditions of economic exploitation.

II

It is in business and in professional pursuits that the occupational progress of women, and their emancipation from traditional prejudices, are most marked. Although in the lower ranks of labour in these pursuits there is a mass of women who, impelled by necessity, work for low wages at mechanical tasks which offer no chance of advancement, there is, nearer the top, a large group of women who have been more fortunate in worldly position and education, and who are spurred as much either by interest in their work or a desire to be self-supporting, as by actual need to earn; who share, in other words, the attitude that leads young men to strike out for themselves even though their fathers may be able to support them. It is the woman animated by these motives who is doing most for the advancement of her sex; for it is she, and not the woman who works through necessity, who really challenges the traditional prejudices concerning the proper place of women. The woman labourer proves the need of women to earn; the business woman or professional woman who works because she wants to work, is establishing the right of women to earn. More than this, as she makes her way into one after another of the occupations that have been held to belong to men by prescriptive right, she is establishing her claim, as a human being, to choose her work from the whole wide field of human activity. It is owing to the attitude towards life adopted by such women, to their preference of independence and action over the dependence and passivity in vogue not so many years ago, that it is coming to be quite the expected thing that young women of the well-to-do classes shall set out to earn their living, as young men do, instead of stopping under the parental roof, with a watchful eye out for men who will marry and support them. Need I remark that nothing is more likely than this new attitude to bring about the substitution of the “union by affection” for the union by interest? The woman who is economically independent is under much less temptation to marry from economic motives than the woman for whom marriage represents the only prospect of security.