PERSONNEL ADMINISTRATOR OF MASSACHUSETTS V. FEENEY
442 U.S. 256 (1979)
NATURE OF THE CASE: This was a dispute over a veteran's preference that was given to
civil service positions in Massachusetts.
FACTS: Under Massachusetts law, all veterans who qualify for state civil service
positions must be considered for appointment ahead of any qualifying nonveterans. This
preference operates overwhelming in the favor of males. Over 98% of the veterans in
Massachusetts were male and only 1.8% were female. Over 1/4th of the Massachusetts
population were veterans. The District Court found that this absolute preference has a
devastating impact upon the employment opportunities of women. It also found that the
legislation had not been enacted for the purpose of discriminating against women, but 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. The court declared the current
plan unconstitutional, and enjoined its operation. The Supreme Court vacated the judgment
and remanded the case for further consideration in light of Washington v. Davis. The Davis
case held that a neutral law does not violate the Equal Protection Clause solely because it
results in a racially disproportionate impact; instead, the disproportionate impact must be
traced to a purpose to discriminate on the basis of race. The court reaffirmed its original
judgment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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