Personnel Administrator of Massachusetts v. Feeney
Personnel Administrator of Massachusetts v. Feeney | |
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Case history | |
Prior | 451 F.Supp. 143 (reversed and remanded) |
Holding | |
A state law giving hiring preference to veterans over nonveterans does not violate the Equal Protection Clause of the Fourteenth Amendment to the Constitution, even though many more men than women are able to take advantage of it. District of Massachusetts reversed and remanded. | |
Court membership | |
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Case opinions | |
Majority | Stewart, joined by Burger, White, Blackmun, Powell, Rehnquist, Stevens |
Concurrence | Stevens, joined by White |
Dissent | Marshall, joined by Brennan |
Laws applied | |
U.S. Const. amend. XIV |
Personnel Administrator of Massachusetts v. Feeney, 442 U.S. 256 (1979), was a case heard by the Supreme Court of the United States. The decision upheld the constitutionality of a state law, giving hiring preference to veterans over nonveterans.[1]
The law was challenged as violating the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution by a woman, who argued that the law discriminated on the basis of sex because so few women were veterans.[1]
Background
A federal district court had struck down the law as unconstitutional based on its discriminatory impact: "The District Court found that the absolute preference afforded by Massachusetts to veterans has a devastating impact upon the employment opportunities of women. Although it found that the goals of the preference were worthy and legitimate and that the legislation had not been enacted for the purpose of discriminating against women, the court reasoned that its exclusionary impact upon women was nonetheless so severe as to require the State to further its goals through a more limited form of preference."[2]
"Upon remand, the District Court... concluded that a veterans' hiring preference is inherently nonneutral because it favors a class from which women have traditionally been excluded...."[2]
Decision
Justice
The Court cited
The Court reversed the District Court after determining that there was no discriminatory purpose at work behind the law: "The appellee... has simply failed to demonstrate that the law in any way reflects a purpose to discriminate on the basis of sex."[2]
Dissent
Justice
"In the instant case, the impact of the Massachusetts statute on women is undisputed. Any veteran with a passing grade on the civil service exam must be placed ahead of a nonveteran, regardless of their respective scores. The District Court found that, as a practical matter, this preference supplants test results as the determinant of upper level civil service appointments. Because less than 2% of the women in Massachusetts are veterans, the absolute preference formula has rendered desirable state civil service employment an almost exclusively male prerogative."[2] Marshall pointed out the practical result of the preference law: "In practice, this exemption, coupled with the absolute preference for veterans, has created a gender-based civil service hierarchy, with women occupying low-grade clerical and secretarial jobs and men holding more responsible and remunerative positions."[2]
Justice Marshall's dissent called for shifting the burden of proof from the individual to the state: "Where the foreseeable impact of a facially neutral policy is so disproportionate, the burden should rest on the State to establish that sex-based considerations played no part in the choice of the particular legislative scheme."[2]
See also
- Gender equality
- List of gender equality lawsuits
- List of United States Supreme Court cases by the Burger Court
- List of United States Supreme Court cases, volume 442
References
- ^ a b "Oyez: Personnel Administrator MA v. Feeney, 442 U.S. 256 (1979), U.S. Supreme Court Summary". The Oyez Project website. The Oyez Project. 2008. Retrieved September 8, 2008.
- ^ a b c d e f g h i j k "Personnel Adm'r of Massachusetts v. Feeney, 442 U.S. 256 (1979)". Justia website. Justia & Oyez & Forms WorkFlow. 2008. Retrieved September 8, 2008.
External links
- Text of Personnel Administrator of Massachusetts v. Feeney, 442 U.S. 256 (1979) is available from: Findlaw Justia
- Galloway Jr., Russell W. (1989). "Basic Equal Protection Analysis". Santa Clara Law Review. 29 (1). Retrieved February 8, 2021.