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Defenders of special protective labor legislation for women often maintain that eliminating such laws would destroy the fruits o
Defenders of special protective labor legislation for women often maintain that eliminating such laws would destroy the fruits o
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2020-08-17
64
问题
Defenders of special protective labor legislation for women often maintain that eliminating such laws would destroy the fruits of a century-long struggle for the protection of women workers. Even a brief examination of the historic practice of courts and employers would show that the fruit of such laws has been bitter they are, in practice, more of a curse than a blessing.
Sex-defined protective laws have often been based on stereotypical assumptions concerning woman’s needs and abilities, and employers have frequently used them as legal excuses for discriminating against women. After the Second World War, for example, business and government sought to persuade women to vacate jobs in factories, thus making room in the labor force for returning veterans. The revival or passage of state laws limiting the daily or weekly work hours of women conveniently accomplished this. Employers had only to declare that overtime hours were a necessary condition of employment or promotion in their factory, and women could be quite legally tired, refused jobs, or kept at low wage levels, all in the name of "protecting" their health. By validating such laws when they are challenged by lawsuits, the courts have colluded over the years in establishing different, less advantageous employment terms for women than for men, thus reducing woman’s competitiveness on the job market. At the same time, even the most well-inattentioned lawmakers, courts, and employers have often been blind to the real needs of women. The law makers and the courts continue to permit employers to offer employee health insurance plans that cover all known human medical disabilities except those relating to pregnancy and childbirth.
Finally, labor laws protecting only special groups are often ineffective at protecting the workers who are actually in the workplace. Some chemicals, for example, pose reproductive risks for women of child-bearing years; manufacturers using the chemicals comply with laws protecting women against these hazards by refusing to hire them. Thus the sex-defined legislation protects the hypothetical female worker, but has no effect whatever on the safety of any actual employee. The health risks to male employees in such industries cannot be negligible, since chemicals toxic enough to cause birth defects in fetuses or sterility in women are presumably harmful to the human metabolism. Protective laws aimed at changing production materials or techniques in order to reduce such hazards would benefit all employees without discriminating against any.
In sum, protective labor laws for women are discriminatory and do not meet their intended purpose. Legislators should recognize that women are in the work force to stay, and that their needs—good health care, a decent wage and a safe workplace—are the needs of all workers. Laws that ignore these facts violate woman’s rights for equal protection in employment.
The main point of the passage is that special protective labor laws for women workers are________.
选项
A、controversial because male workers receive less protection than they require
B、unnecessary because most workers are well protected by existing labor laws
C、not worth preserving even though they do represent a hard-won legacy of the labor movement
D、harmful to the economic interests of women workers while offering them little or no actual protection
答案
D
解析
事实细节题。文中未提及男工对法律保护的要求,故排除A项。根据文中特殊劳动法律对女工的保护情况判断,当前的法律并没有保护大多数人,故排除B项。本文作者并未明确表达废除保护女性的劳动法这一观点,只是通篇讲述了它不好的地方,故排除C项;文中第二段提到以“保护”女工的健康为借口的,雇主只需宣布加班时间是其工厂就业或晋升的必要条件,妇女就可以合法地被解雇、无法得到工作或保持低工资水平,故D项表达符合题意。
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