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Personnel Administrator of Massachusetts v. Feeney | 442 U.S. 256 (1979)
For over half a century, the Fourteenth Amendment’s Equal Protection Clause has mostly been interpreted to bar gender-based discrimination by state governments. But what about facially gender-neutral laws that disproportionately burden one gender? The United States Supreme Court considered that question in the 1979 case of Personnel Administrator of Massachusetts versus Feeney.
The federal government and almost all state governments grant preferences to military veterans when hiring for government jobs. The Massachusetts preference was among the most generous, directing that all qualified veterans be ranked ahead of nonveterans for civil service jobs. And the preference applied for life.
Helen Feeney, a low-level Massachusetts public employee for twelve years, passed several open civil service examinations for higher-paying jobs. However, she kept losing out on those jobs to male veterans who often had lower test scores than her. She sued the state, claiming the veterans preference discriminated against women. A federal district court three-judge panel ruled in her favor, but that judgment was vacated by the Supreme Court. On remand, the district court panel again held that the preference violated the Equal Protection Clause. Massachusetts again appealed to the United States Supreme Court.
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