Title | Personnel Administrator of Massachusetts v. Feeney |
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Course | Constitutional Law II |
Institution | Touro College |
Pages | 2 |
File Size | 69.4 KB |
File Type | |
Total Downloads | 7 |
Total Views | 137 |
Constitutional Law II 2020 case brief and lecture notes for personnel admin of MA...
PERSONNEL ADMINISTRATOR OF MASSACHUSETTS v. FEENEY 442 U.S. 256 (1979) FACTS: Parties: Appellant: Personnel Administrator of MA (Δ) Appellee: Feeney (Π) Procedural History:
District Court found in favor of Π
SC reversed and remanded
District Court affirmed itself
Relevant Facts:
Π had passed a number of open competitive civil service examinations for better jobs
MA had a veterans preference statute o All veterans who qualify for state civil service positions must be considered for appointment ahead of any qualifying non-veterans o Applicable to any male or female veteran
Π was ranked below male veterans who had achieved lower test scores
ISSUE:
Whether there is a presumption that certain legislation was enacted for a discriminatory purpose if the government was aware of its discriminatory impact
PARTIES’ ARGUMENTS: Appellant: Appellee: DISPOSITION OF THE COURT:
RULE OF LAW:
A governmental act must have been mandated because of, not in spite of, its adverse discriminatory effects upon a particular group in order to be held purposefully discriminatory
HOLDING:
MA in granting an absolute lifetime preference to veterans, has not discriminated against women in violation of the Equal Protection Clause
COURT’S REASONING:
Classifications based upon gender must bear a close and substantial relationship to important governmental objectives
CONCURRING OPINION: DISSENTING OPINION: ...