Smithsonian Magazine

The Fifth C?

Cut, Color, Carat, Clarity… Chemistry?

- Martin J. Kernan last wrote for the magazine about how ladybugs saved the California citrus industry.

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fashion and demanded damages for lost wages. GM answered by pre-emptively attacking the constituti­onality of the Michigan law upon which St. John’s case now hinged. An ensuing three-year legal battle culminated in the decision by the Michigan Supreme Court to uphold the 20-year-old statute, which no one had ever sought to enforce until then. Having ruled that St. John and company had standing for their suit, the high court sent the case to the Ingham County Circuit Court for trial, where the burden was on St. John to prove there was a pay disparity.

The trial began on June 2, 1941, before Judge Charles Hayden, in an ornate courtroom that today still occupies the third floor of the Ingham County Courthouse in the town of Mason, just outside Lansing. The women girded themselves for a trial that would consume six oppressive­ly hot weeks, see some 70 witnesses testify and receive in evidence more than 10,000 exhibits.

Beginning with St. John, the women told of their pay history as compared with the men’s, of men and women side by side doing the same heavy and technicall­y demanding work, of the cooperativ­e atmosphere on the production floor. St. John and Merreta Cobb told the judge how they had to do their heavy assembly work at unimaginab­le speed, cranking out one harmonic balancer about every 30 seconds to meet their quota of up to 105 an hour.

“It was one of the heavier operations,” their foreman admitted at the trial, referring to the harmonic balancers—an admission that undermined GM’s claim that women did only lighter work, thus meriting lower pay.

As the days wore on, the women watched numerous GM foremen and managers testify that men were more versatile, stronger, able to work longer and at night, easier to train and more mechanical­ly inclined. The managers said St. John and other women had complained about the difficulty of their jobs; that foremen had ordered women not to lift heavy loads; that the company had hired men whose only job was to help the women. The women even had a hot plate in a break room, the managers protested— which GM had reluctantl­y allowed the women to use after St. John had smuggled it in.

GM’s lawyer Jacob Tolonen argued strenuousl­y, week after week, that the plaintiffs couldn’t prove they were paid less on the basis of sex because, he claimed, they weren’t. Finally, Planck convinced Judge Hayden to make GM cough up payroll records, initially withheld to protect GM’s right against self-incriminat­ion. “Court was delayed a half-hour while the cartons of time and rate cards, cancelled checks and other pertinent material was carried up three flights of stairs,” the Lansing State Journal reported.

The proof of pay discrimina­tion was thus laid bare on counsel’s table. Judge Hayden found for the plaintiffs, and on May 29, 1942, the case made national news. “29 Women Win $55,690 in Wage-Equality Ruling,” the New York Times announced.

Three years of GM appeals later, on January 2, 1945, the women were awarded $55,690—close to a million dollars in today’s money. By then, the plant had been refitted for war production, and equal pay for women at America’s wartime factories had been the rule since 1942. That groundbrea­king feat was made possible by Mary Elizabeth Pidgeon and Mary Anderson of the Department of Labor’s Women’s Bureau in Washington, D.C., who used St. John’s court victory to convince the War Labor Board to equalize pay rates between men and women, which it did on November 24 of that year.

David Engstrom, a professor at Stanford Law School, who brought the case back to light in 2017 while tracing the origins of employee class-action

lawsuits, outlined in a 2018 Stanford Law Review article how St. John’s remarkable success inspired other women in Michigan to sue for wage discrimina­tion, and spurred legislatur­es in 21 other states to pass wage-equality bills before the Equal Pay Act of 1963. Of all the states’ bills, however, Engstrom found that only two—Massachuse­tts in 1945 and Oregon in 1955—actually offered provisions that would allow women to sue for equal pay in court. At the time, many labor leaders saw courts as a threat to unions’ sovereignt­y in the workplace, Engstrom writes, and therefore lobbied against many of these bills. Ruth Milkman, professor of sociology at the City University of New York Graduate Center, writes that after World War II, employers and lobbyists for business groups also played a role in weakening equal pay laws at both the state and federal level.

Engstrom says revisiting St. John’s case can help scholars and policy makers better understand the roles women and organized labor can play in defending workers’ rights. Though he has written that it was “almost certainly… the first significan­t damages payout in a job discrimina­tion case in the case history of U.S. law,” Engstrom says that Florence St. John v. General Motors Corporatio­n has limited value as a legal precedent for civil rights lawyers today because it is confined to Michigan law. It was also curiously forgotten, including by the media: When the newly formed Equal Employment Opportunit­y Commission recompense­d an underpaid typist in 1968 who had been denied a promotion at one of GM’s parts manufactur­ers, the Detroit Free Press declared, “She Wins $885 and Makes History.” St. John died two years later, on December 21, 1970. Engstrom imagines that sometime during those two years, as a recently widowed snowbird returning to Michigan from Daytona Beach to visit her two grown daughters, St. John may have seen the Detroit Free Press headline and smiled.

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Receive these scintillat­ing Ultimate Diamond Alternativ­e™, DiamondAur­a ® Classique sterling silver stud earrings FREE! Read details below.
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 ?? ?? A vintage postcard offers an aerial view of the Olds Motor
Works in Lansing, Michigan, around the time of St. John’s
lawsuit.
A vintage postcard offers an aerial view of the Olds Motor Works in Lansing, Michigan, around the time of St. John’s lawsuit.
 ?? ?? A 1928 advertisem­ent for Joseph W. Planck’s campaign to become prosecutin­g attorney for Ingham County, Michigan.
A 1928 advertisem­ent for Joseph W. Planck’s campaign to become prosecutin­g attorney for Ingham County, Michigan.
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