Personnel Admin v. Feeney (1979)

Question 1

Personnel Admin v. Feeney (1979)
Facts

Answer 1

MA Law
Preference for vets over non-vets in state civil service jobs
Helen Feeney – denied a position

Question 2

Personnel Admin v. Feeney (1979)
Issue

Answer 2

Does a veteran preference in hiring by the state violate the 14th amendment equal process clause?

Question 3

Personnel Admin v. Feeney (1979)
Ruling

Answer 3

No

Question 4

Personnel Admin v. Feeney (1979)
Majority (Stewart)

Answer 4

Reward veterans for service
Males clearly benefit as a class
Gender-neutral on its face
Disproportionate impact
Is it neutral?
Does it reflect purposeful discrimination?
Discrimination against women in the military not on trial here
May be unwise but does not violate

Question 5

Personnel Admin v. Feeney (1979)
Concurring (Stevens with White)

Answer 5

Purpose not to discriminate
Number of men disadvantaged is also large

Question 6

Personnel Admin v. Feeney (1979)
Dissenting (Marshall and Brenan)

Answer 6

Strike down using intermediate scrutiny
Disproportionate impact foreseeable
Effect: Gender-based civil service hierarchy in the state
Burden should rest within the state