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The Fourteenth Amendment and Protections for Workers
Part I: Background on the “Liberty of Contract”
When the Fourteenth Amendment was first passed in the late 1860s, the Courts tended
to focus almost exclusively on the amendment’s protections for economic liberties.
Section 1 of the Fourteenth Amendment says:
“ …No State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law…”
Under a legal theory known as the “liberty of contract”, the Fourteenth Amendment
protects the right of people to make contracts in their pursuit of property. (Contracts are
legally enforceable agreements between people to exchange something of value.)
According to this theory, government should not and cannot interfere with business
contracts, including agreements about wages made between employers and employees.
The legal theory of “liberty of contract” was first advanced by Supreme Court Justices
Field and Bradley in their dissent of the Slaughter House Cases, which were decided in
1873. The theory was referenced in numerous cases after that.
The theory reflected the heart of free market ideas and of laissez faire government
policies.
Part II: Questions for Video Segment #1: “Worker’s Rights”
In a moment, you will watch a video segment that deals with the Court’s interpretation of
“the liberty of contract” in the 1905 case of Lochner v. New York.
Here are the facts of the case: In an effort to ensure public health and safety of its
citizens, the state of New York passed a law limiting the number of hours bakers could
work. The law said that bakers could not work more than 60 hours per week or ten hours
per day. Joseph Lochner, the owner of a bakery, refused to obey the law and was fined
$50 two times and ordered to stay in jail until he paid the fines. He challenged the law in
court. The Court had to consider whether the New York law interfered with liberty
protected by Fourteenth Amendment.
After you watch the segment, answer these questions:
A. What did the Court decide in the Lochner case? (Who won?)
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B. What reasons did the Court give for its decision?
C. Do you agree or disagree with the Courts ruling? Explain your reasons.
Part III: West Coast Hotel Co. v. Parrish
Elsie Parrish was a chambermaid working at the Cascadian Hotel in the state of
Washington. After she was let go from her job, she learned that she had been paid less
than the minimum wage required under state law. She sued the hotel to recover $216.19,
the difference she believed she was owed. The hotel refused to pay her. Prior to this case,
the Court had struck down several laws on the basis that they interfered with industry’s
freedom to contract with workers.
The Court considered this question: Did Washington state’s minimum wage law violate
the liberty of contract as construed under the Fourteenth Amendment?
A. Given what you have learned about the liberty of contract and the 1905 Lochner
case, what do you predict the Court will decide in this case? Why?
B. The Court issued its decision in this case (Parrish) in 1937. Given what you know
about United States history between the early 1900s and 1940, how might the
Court have been influenced by social and economic factors?
Now watch the next video segment to learn about the Court’s decision in West Coast
Hotel Co. v. Parrish and be prepared to discuss the Court’s decision in the context of
history.
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