During the first half of the 20th century, U.S. states enacted labor laws aimed at protecting women in the workplace. These protective labor laws included restrictions on maximum working hours, minimum wage regulations, and bans on night shifts for women. However, these laws were overturned in the 1960s due to civil rights reforms addressing gender discrimination.
New research led by economist Matthias Doepke from Northwestern University investigates why these laws were introduced and what contributed to their eventual repeal. This study is notable for being the first to analyze protective labor laws using a political economy model and compare it with state-level evidence in the U.S.
The researchers focused on when each law was passed and who was voting at that time, particularly examining men with limited job training who might have viewed women as competitors in the workforce. They also considered sole-earner couples including such men.
According to Doepke, "Despite the name, the main driving force behind the introduction of so-called ‘protective labor laws’ was men’s desire to be protected from labor market-competition, rather than an attempt to protect working women from harm."
The study found that while advances in workplace safety laws may have resulted from these protective measures, they ultimately constituted a form of labor-market discrimination. The era of protective legislation emerged as women's participation in modern workplaces increased, leading to competition between genders for jobs traditionally held by men.
The reversal of these laws coincided with more married women entering the workforce. As men's partners began working, restrictive measures against women's employment became less favorable. Doepke noted that high marriage rates combined with high labor force participation among married women drove advancements toward gender equality.
"This combination is powerful because it implies that most women and men ultimately benefit from gender equality," said Doepke.
The study's findings are relevant today amid declining marriage rates. "Today many people never marry... young men are on average less vested in gender equality today," explained Doepke.
The research titled “Protection for Whom? The Political Economy of Protective Labor Laws for Women” was published by the National Bureau of Economic Research in April 2025. Co-authors include Hanno Foerster from Boston College; Anne Hannusch from the University of Bonn; and Michèle Tertilt from the University of Mannheim.