Abstract and Keywords
Throughout American history, gender, meaning notions of essential differences between women and men, has shaped how Americans have defined and engaged in productive activity. Work has been a key site where gendered inequalities have been produced, but work has also been a crucible for rights claims that have challenged those inequalities. Federal and state governments long played a central role in generating and upholding gendered policy. Workers and advocates have debated whether to advance laboring women’s cause by demanding equality with men or different treatment that accounted for women’s distinct responsibilities and disadvantages.
Beginning in the colonial period, constructions of dependence and independence derived from the heterosexual nuclear family underscored a gendered division of labor that assigned distinct tasks to the sexes, albeit varied by race and class. In the 19th century, gendered expectations shaped all workers’ experiences of the Industrial Revolution, slavery and its abolition, and the ideology of free labor. Early 20th-century reform movements sought to beat back the excesses of industrial capitalism by defining the sexes against each other, demanding protective labor laws for white women while framing work done by women of color and men as properly unregulated. Policymakers reinforced this framework in the 1930s as they built a welfare state that was rooted in gendered and racialized constructions of citizenship.
In the second half of the 20th century, labor rights claims that reasoned from the sexes’ distinctiveness increasingly gave way to assertions of sex equality, even as the meaning of that equality was contested. As the sex equality paradigm triumphed in the late 20th and early 21st centuries, seismic economic shifts and a conservative business climate narrowed the potential of sex equality laws to deliver substantive changes to workers.
Keywords: Family and Medical Leave Act, gendered division of labor, labor feminism, protective labor legislation, sex discrimination, sex equality, sexual harassment, Title VII of the Civil Rights Act of 1964
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