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Open Access. Powered by Scholars. Published by Universities.®

1991

Faculty Scholarship

Boston University School of Law

Women

Articles 1 - 2 of 2

Full-Text Articles in Law

Fetal Protection And Employment Discrimination - The Johnson Controls Case, George J. Annas Jan 1991

Fetal Protection And Employment Discrimination - The Johnson Controls Case, George J. Annas

Faculty Scholarship

Employers have historically limited women's access to traditionally male, high-paying jobs. In one famous case early in this century, the U.S. Supreme Court upheld an Oregon law that forbade hiring women for jobs that required more than 10 hours of work a day in factories. The Chief Justice explained that this restriction was reasonable because "healthy mothers are essential to vigorous offspring" and preserving the physical well-being of women helps "preserve the strength and vigor of the race." This rationale was never particularly persuasive, and women's hours have not been limited in traditionally female, low-paid fields of employment, such as …


Parental Leaves And Poor Women: Paying The Price For Time Off, Maria O'Brien Jan 1991

Parental Leaves And Poor Women: Paying The Price For Time Off, Maria O'Brien

Faculty Scholarship

This Article presents a critique of unpaid "parental" leaves and the parental leave legislation recently passed by Congress.1 Eight states have already enacted parental leave statutes of various kinds.' For the sake of simplicity and uniformity, however, this Article focuses on the proposed federal legislation3 and its anticipated effects on unemployed and underemployed women.4 Specifically, this Article argues that the debate about parental leave 5 has ignored the possibility that the cost of this mandated benefit is likely to be borne by poor, low-skill working women6 who will find that their job opportunities narrow as employers try to shift some …