Personnel Administrator of Massachusetts v. Feeney PDF

Title Personnel Administrator of Massachusetts v. Feeney
Course Constitutional Law II
Institution Touro College
Pages 2
File Size 69.4 KB
File Type PDF
Total Downloads 7
Total Views 137

Summary

Constitutional Law II 2020 case brief and lecture notes for personnel admin of MA...


Description

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: ...


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