The “protection” of “woman”: A history of legal attitudes toward women's workplace freedom

This essay argues that current symbols can be attitudinally united with historical symbols despite seeming dissimilarities in their construction. This thesis is illustrated by a comparative analysis of the historical dispute over protective legislation for women and the current controversy over fetal protection policies. “Protection” historically meant the protection of “woman” as mother of future generations by the state. Today, “protection” means protection of the “unborn child” by corpora‐lions. Despite seeming dissimilarities, these symbols are attitudinally united because both reduce the interests of all women to motherhood and thereby limit women's autonomy in the workplace. Though contemporary symbols representing women may appear to be more egalitarian, this analysis indicates that the historical inequality of women in the workforce haunts contemporary corporate policy.