Working Mothers Protection Act Proposed in the following memorandum are th

The law was long reluctant to fully apply civilrights protections on the basis of gender discrimination. However, an "intermediate standard" has gradually evolved, by which policies potentially discriminatory to women are judged by milder standard of scrutiny than those used to judge policies discriminatory with respect to blacks or other racial minorities ("Classifications Based on Sex," no date, 805ff). The law has come to recognize not only the right of protection from discrimination, for women as well as minorities, but also the benefits, worthy of preference by the law, of increasing the range of diversity represented by the institutions of society (Williams, no date).

Existing measures, such as the national Pregnancy Discrimination Act and a California statute that protects women's jobs when they are disabled by pregnancy or childbirth, go some ways towards protecting the rights of working mothers. As early as 1971, in Phillips v. Martin Marietta Corp., 400 U.S. 542 (1971), the Court rejected the view of an employer in not employing women with preschool childr

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s such, rather than to accept it as "part of life." Opposing the bill, on the other hand, will primarily be business interests and the religious right. Their motives for opposing the bill will be quite different. Business resents any intrusion, real or perceived, on private management and personnel practices. However, the opposition will be strongest on the part of organizations that claim to represent "small" businesses. Large firms are accustomed to formalized standards for working conditions, promotion, and so forth. Smaller firms are more anxious about regulation. Moreover, Washington "smallbusiness" lobbiests, far removed themselves from Main Street, tend more to be conservative ideologues rather than simple promoters of business interests. For that reason, they may covertly oppose the bill for some of the same reasons that the religious right will state overtly. For its part, the religious right will oppose bill on the grounds, fundamentally, that it provides a temptation to women. By giving a further measure of protection to women's independence of choice, the bill might help tempt them to move literally or figuratively out of the idealized 1950s family circle. The religious right has enbued the oldsty
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Approximate Word count = 1806
Approximate Pages = 7 (250 words per page)