When Did Women Have the Right to Work? The Messy Reality of History

When Did Women Have the Right to Work? The Messy Reality of History

Honestly, if you ask most people when did women have the right to work, they usually point to World War II. They think of Rosie the Riveter, those iconic posters, and the sudden influx of women into factories. But that's a bit of a historical myth. It’s too neat.

Women have always worked. They worked in fields, they ran boarding houses, and they toiled in textile mills during the Industrial Revolution. The real question isn't about the physical act of working; it's about the legal right to keep their own money, sign a contract, and enter a profession without a man's permission. For a huge chunk of Western history, those things were basically illegal for married women.

You've probably never heard of "coverture," but it’s the reason this timeline is so jagged. Under English common law—which heavily influenced the U.S.—a woman’s legal identity essentially evaporated the moment she said "I do."

Sir William Blackstone, an influential 18th-century jurist, famously wrote that "the very being or legal existence of the woman is suspended during the marriage." If you were a wife, you couldn't own property. You couldn't sue anyone. Crucially, you couldn't legally claim your own wages. Your husband owned your labor and the fruits of it.

Things started to shift mid-19th century. New York passed the Married Women's Property Act in 1848, and later expanded it in 1860. This was massive. It finally gave married women the right to keep their earnings and enter into contracts. But don't get it twisted—this didn't mean society welcomed them with open arms. It just meant they weren't legally "invisible" anymore.

The Professional "Marriage Bar" Era

By the early 20th century, women were flooding into offices and schools. But then came the "marriage bars."

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These were actual, formal policies that said if a woman got married, she had to quit. Or, if she was already married, she couldn't be hired in the first place. During the Great Depression, these rules became even stricter. Section 213 of the Economy Act of 1932 in the U.S. literally prohibited more than one family member from working for the federal government. Since men were seen as the "breadwinners," women were the ones who got the boot.

It’s wild to think about now.

You could be the most qualified teacher in the county, get a ring on your finger on Saturday, and find yourself unemployed by Monday morning. These bars weren't fully dismantled in many sectors until the 1940s and 50s, often because the labor shortages of the wars made them impossible to maintain.

The 1964 Pivot Point

If we’re looking for a definitive answer to when did women have the right to work without legal discrimination, the Civil Rights Act of 1964 is the heavy hitter. Specifically, Title VII.

Interestingly, the word "sex" was added to the bill at the last minute. Some historians think it was a "poison pill" intended to kill the whole act because the sponsors thought no one would vote for women’s equality. They were wrong. It passed. This made it illegal for employers to discriminate based on gender.

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But even then, the law didn't change reality overnight.

Specialized Barriers: Doctors, Lawyers, and Pilots

Even after the general "right" to work was established, specific high-prestige fields remained locked.

  • Medicine: Elizabeth Blackwell had to apply to 29 medical schools before getting into Geneva Medical College in 1847. Even after she graduated, hospitals refused to hire her.
  • Law: The Supreme Court actually ruled in Bradwell v. Illinois (1873) that the state could bar Myra Bradwell from practicing law simply because she was a woman. The court basically said her "natural and proper timidity" made her unfit for the legal profession.
  • Finance: Until the Equal Credit Opportunity Act of 1974, many banks wouldn't even let a woman open a credit card or get a business loan without a male co-signer. How are you supposed to "work" or run a business if you can't access capital?

The Global Perspective

We often talk about this from a Western lens, but the timeline varies wildly around the world. In some countries, women gained the right to work in the public sector far earlier than they gained the right to vote. In others, "guardianship" laws still restrict women's mobility and employment today.

According to World Bank data, as recently as a few years ago, over 100 economies still had laws on the books that restricted the types of jobs women could do. Some countries bar women from "arduous" work or night shifts, often under the guise of "protection." It’s a subtle way of maintaining the status quo.

The Lingering "Motherhood Penalty"

Even today, the right to work isn't always a "fair" right.

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Sociologists talk about the "motherhood penalty" vs. the "fatherhood bonus." Studies by researchers like Michelle Budig have shown that men’s earnings often increase after they have children, while women’s earnings tend to drop. This isn't just about women "choosing" to work less; it’s about systemic biases in hiring, promotion, and pay that persist despite the legal rights won decades ago.

Moving Forward: Actionable Insights

Knowing the history is one thing, but navigating the modern workforce requires a different set of tools. The "right to work" is now protected, but the "equity of work" is still a work in progress.

Review Your Rights: Familiarize yourself with the U.S. Equal Employment Opportunity Commission (EEOC) guidelines or your local equivalent. If you encounter a "marriage bar" style bias—even if it's subtle—you have legal recourse.

Audit Your Compensation: Transparency is the best defense against historical echoes of coverture. Tools like Glassdoor or specialized industry salary surveys can help you determine if you are being paid the market rate regardless of gender.

Support Policy Shifts: The battle has moved from the right to enter the building to the right to stay and thrive. This includes advocating for paid parental leave and flexible working arrangements that don't disproportionately sideline women.

Document Everything: If you feel your career path is being hindered by gender-based bias, keep a paper trail. The legal rights established in 1964 only work if you have the evidence to back up a claim.

The timeline of when did women have the right to work isn't a single date on a calendar. It's a series of hard-fought victories—legal, social, and economic—that are still being refined today. We've moved from being "legally invisible" to being legally protected, but the culture is still catching up to the law.