Personnel Administrator of Massachusetts v. Feeney

1979 United States Supreme Court case

Personnel Administrator of Massachusetts v. Feeney

Supreme Court of the United States

Argued February 26, 1979
Decided June 5, 1979
Full case name| Personnel Administrator of Massachusetts et al. v. Feeney
Citations| 442 U.S. 256 (more)

99 S. Ct. 2282; 60 L. Ed. 2d 870; 19 Fair Empl. Prac. Cas. (BNA) 1377; 19 Empl. Prac. Dec. (CCH) ¶ 9240

Case history
Prior| 451 F.Supp. 143 (reversed and remanded)
Holding
A state law giving hiring preference to veterans over nonveterans does not violate the Equal Protection Clause of the Fourteenth Amendment to the Constitution, even though many more men than women are able to take advantage of it. District of Massachusetts reversed and remanded.
Court membership

Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
Majority| Stewart, joined by Burger, White, Blackmun, Powell, Rehnquist, Stevens
Concurrence| Stevens, joined by White
Dissent| Marshall, joined by Brennan
Laws applied
U.S. Const. amend. XIV

Personnel Administrator of Massachusetts v. Feeney, 442 U.S. 256 (1979), was a case heard by the Supreme Court of the United States. The decision upheld the constitutionality of a state law, which granted a hiring preference to veterans over non-veterans.[1]

The law was challenged as violating the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution by a woman who argued that the law discriminated on the basis of sex because few women were veterans.[1]

## Background

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A federal district court had struck down the law as unconstitutional based on its discriminatory impact: "The District Court found that the absolute preference afforded by Massachusetts to veterans has a devastating impact upon the employment opportunities of women. Although it found that the goals of the preference were worthy and legitimate and that the legislation had not been enacted for the purpose of discriminating against women, the court reasoned 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."[2]

"Upon remand, the District Court... concluded that a veterans' hiring preference is inherently non-neutral because it favors a class from which women have traditionally been excluded...."[2]

## Decision

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Justice Potter Stewart wrote for the majority, joined by Chief Justice Warren Burger and Justices Byron White, Harry Blackmun, William Rehnquist, and John Paul Stevens. The Court declared the law was constitutional, pointing out the law's gender-neutral language, "legitimate and worthy purposes," and legislative history.[2] Stewart recognized the need for intermediate scrutiny in gender-based discrimination cases: "any state law overtly or covertly designed to prefer males over females in public employment would require an exceedingly persuasive justification to withstand a constitutional challenge under the Equal Protection Clause of the Fourteenth Amendment."[2] He also recognized that "when a neutral law has a disparate impact upon a group that has historically been the victim of discrimination, an unconstitutional purpose may still be at work."[2]

The Court cited Arlington Heights v. Metropolitan Housing Corp. to apply a heightened form of review, a two-part test: "When a statute gender-neutral on its face is challenged on the ground that its effects upon women are disproportionably adverse, a twofold inquiry is thus appropriate. The first question is whether the statutory classification is indeed neutral in the sense that it is not gender-based. If the classification itself, covert or overt, is not based upon gender, the second question is whether the adverse effect reflects invidious gender-based discrimination... [which is] 'the condition that offends the Constitution.'"[2]

The Court reversed the District Court after determining that there was no discriminatory purpose at work behind the law: "The appellee... has simply failed to demonstrate that the law in any way reflects a purpose to discriminate on the basis of sex."[2]

## Dissent

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Justice Thurgood Marshall dissented, joined by Justice William J. Brennan, Jr. Marshall saw the law as unconstitutional based on implied motivation from its discriminatory impact. "Where there is 'proof that a discriminatory purpose has been a motivating factor in the decision, . . . judicial deference is no longer justified.'" Marshall further states that "[t]o discern the purposes underlying facially neutral policies, this Court has therefore considered the degree, inevitability, and foreseeability of any disproportionate impact, as well as the alternatives reasonably available."[2]

"In the instant case, the impact of the Massachusetts statute on women is undisputed. Any veteran with a passing grade on the civil service exam must be placed ahead of a non-veteran, regardless of their respective scores. The District Court found that, as a practical matter, this preference supplants test results as the determinant of upper level civil service appointments. Because less than 2% of the women in Massachusetts are veterans, the absolute preference formula has rendered desirable state civil service employment an almost exclusively male prerogative."[2] Marshall pointed out the practical result of the preference law: "In practice, this exemption, coupled with the absolute preference for veterans, has created a gender-based civil service hierarchy, with women occupying low-grade clerical and secretarial jobs and men holding more responsible and remunerative positions."[2]

Justice Marshall's dissent called for shifting the burden of proof from the individual to the state: "Where the foreseeable impact of a facially neutral policy is so disproportionate, the burden should rest on the State to establish that sex-based considerations played no part in the choice of the particular legislative scheme."[2]

## See also

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* Gender equality
* List of gender equality lawsuits
* List of United States Supreme Court cases by the Burger Court
* List of United States Supreme Court cases, volume 442

## References

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1. ^ a b "Oyez: Personnel Administrator MA v. Feeney, 442 U.S. 256 (1979), U.S. Supreme Court Summary". The Oyez Project website. The Oyez Project. 2008. Retrieved September 8, 2008.
2. ^ a b c d e f g h i j k "Personnel Adm'r of Massachusetts v. Feeney, 442 U.S. 256 (1979)". Justia website. Justia & Oyez & Forms WorkFlow. 2008. Retrieved September 8, 2008.

## External links

[edit]

* Text of Personnel Administrator of Massachusetts v. Feeney, 442 U.S. 256 (1979) is available from: Findlaw Justia
* Galloway Jr., Russell W. (1989). "Basic Equal Protection Analysis". Santa Clara Law Review. 29 (1). Retrieved February 8, 2021.

* v
* t
* e

United States Fourteenth Amendment case law

Citizenship Clause

* Slaughter-House Cases (1873)
* Minor v. Happersett (1875)
* Elk v. Wilkins (1884)
* United States v. Wong Kim Ark (1898)
* Mackenzie v. Hare (1915)
* Perez v. Brownell (1958)
* Afroyim v. Rusk (1967)
* Rogers v. Bellei (1971)
* Vance v. Terrazas (1980)
* Saenz v. Roe (1999)

Due Process Clause

| Economic substantive
due process|

* Mugler v. Kansas (1887)
* Allgeyer v. Louisiana (1897)
* Holden v. Hardy (1898)
* Lochner v. New York (1905)
* Muller v. Oregon (1908)
* Coppage v. Kansas (1915)
* Buchanan v. Warley (1917)
* Adams v. Tanner (1917)
* O'Gorman & Young, Inc. v. Hartford Fire Insurance Co. (1931)
* West Coast Hotel Co. v. Parrish (1937)

|

Abortion jurisprudence|

* United States v. Vuitch (1971)
* Roe v. Wade (1973)
* Doe v. Bolton (1973)
* Planned Parenthood of Central Missouri v. Danforth (1976)
* Bellotti v. Baird I (1976)
* Colautti v. Franklin (1979)
* Bellotti v. Baird II (1979)
* H. L. v. Matheson (1981)
* City of Akron v. Akron Center for Reproductive Health (1983)
* Thornburgh v. American College of Obstetricians & Gynecologists (1986)
* Webster v. Reproductive Health Services (1989)
* Hodgson v. Minnesota (1990)
* Planned Parenthood v. Casey (1992)
* Mazurek v. Armstrong (1997)
* Stenberg v. Carhart (2000)
* Ayotte v. Planned Parenthood of Northern New England (2006)
* Gonzales v. Carhart (2007)
* Whole Woman's Health v. Hellerstedt (2016)
* Azar v. Garza (2018)
* Box v. Planned Parenthood of Indiana and Kentucky, Inc. (2019)
* June Medical Services, LLC v. Russo (2020)
* Dobbs v. Jackson Women's Health Organization (2022)

Right to privacy|

* Meyer v. Nebraska (1923)
* Pierce v. Society of Sisters (1925)
* Griswold v. Connecticut (1965)
* Roe v. Wade (1973)
* Doe v. Bolton (1973)
* Bowers v. Hardwick (1986)
* Webster v. Reproductive Health Services (1989)
* Planned Parenthood v. Casey (1992)
* Lawrence v. Texas (2003)
* Dobbs v. Jackson Women's Health Organization (2022)

Litigation under
R.S. § 1979 (42 U.S.C. 1983)|

* Monroe v. Pape (1961)
* McNeese v. Board of Education (1963)
* Pierson v. Ray (1967)
* Jenkins v. McKeithen (1969)
* Scheuer v. Rhodes (1974)
* Wood v. Strickland (1975)
* O'Connor v. Donaldson (1975)
* Paul v. Davis (1976)
* Imbler v. Pachtman (1976)
* Monell v. Department of Social Services of the City of New York (1978)
* Procunier v. Navarette (1978)
* Owen v. City of Independence (1980)
* Harlow v. Fitzgerald (1982)
* Felder v. Casey (1988)
* Will v. Michigan Department of State Police (1989)
* Gonzaga University v. Doe (2002)
* Inyo County v. Paiute-Shoshone Indians of the Bishop Community (2003)
* City of Rancho Palos Verdes v. Abrams (2005)
* Fitzgerald v. Barnstable School Committee (2009)
* Ashcroft v. Iqbal (2009)
* Los Angeles County v. Humphries (2010)
* Connick v. Thompson (2011)

Other|

* Jacobson v. Massachusetts (1905)
* Zucht v. King (1922)
* Buck v. Bell (1927)
* Powell v. Alabama (1932)
* Mullane v. Central Hanover Bank & Trust Co. (1950)
* NAACP v. Alabama (1958)
* Hoyt v. Florida (1961)
* Oyler v. Boles (1962)
* Loving v. Virginia (1967)
* Epperson v. Arkansas (1968)
* In re Winship (1971)
* Cleveland Board of Education v. LaFleur (1974)
* Arnett v. Kennedy (1974)
* Taylor v. Louisiana (1975)
* Goss v. Lopez (1975)
* Mathews v. Eldridge (1976)
* Moore v. City of East Cleveland (1977)
* Duren v. Missouri (1979)
* Parham v. J.R. (1979)
* Parratt v. Taylor (1981)
* Logan v. Zimmerman Brush Co. (1982)
* Kolender v. Lawson (1983)
* Hudson v. Palmer (1984)
* Cleveland Board of Education v. Loudermill (1985)
* Edwards v. Aguillard (1987)
* Turner v. Safley (1987)
* DeShaney v. Winnebago County (1989)
* Michael H. v. Gerald D. (1989)
* Cruzan v. Director, Missouri Department of Health (1990)
* Washington v. Glucksberg (1997)
* Troxel v. Granville (2000)
* Caperton v. A.T. Massey Coal Co. (2009)
* Obergefell v. Hodges (2015)
* Williams v. Pennsylvania (2016)

Equal Protection Clause

| Race|

* Pace v. Alabama (1883)
* Yick Wo v. Hopkins (1886)
* Plessy v. Ferguson (1896)
* Cumming v. Richmond County Board of Education (1899)
* Lum v. Rice (1927)
* Smith v. Texas (1940)
* Hirabayashi v. United States (1943)
* Korematsu v. United States (1944)
* Sipuel v. Board of Regents of the University of Oklahoma (1948)
* Shelley v. Kraemer (1948)
* Perez v. Sharp (Cal. 1948)
* Sweatt v. Painter (1950)
* McLaurin v. Oklahoma State Regents (1950)
* Brown v. Board of Education (1954)
* Briggs v. Elliott
* Davis v. County School Board of Prince Edward County
* Gebhart v. Belton
* Lucy v. Adams (1955)
* Browder v. Gayle (M.D. Ala. 1956)
* Anderson v. Martin (1964)
* Griffin v. County School Board of Prince Edward County (1964)
* McLaughlin v. Florida (1964)
* Reitman v. Mulkey (1967)
* Loving v. Virginia (1967)
* Lee v. Washington (1968)
* Green v. County School Board of New Kent County (1968)
* Hunter v. Erickson (1969)
* Hadnott v. Amos (1969)
* United States v. Montgomery County Board of Education (1969)
* Alexander v. Holmes County Board of Education (1969)
* Swann v. Charlotte-Mecklenburg Board of Education (1971)
* McDaniel v. Barresi (1971)
* Palmer v. Thompson (1971)
* Coit v. Green (1971)
* Guey Heung Lee v. Johnson (1971)
* Jefferson v. Hackney (1972)
* Keyes v. School District No. 1, Denver (1973)
* Norwood v. Harrison (1973)
* Milliken v. Bradley (1974)
* Village of Arlington Heights v. Metropolitan Housing Development Corp. (1977)
* Dayton Bd. of Ed. v. Brinkman (1977)
* Regents of the University of California v. Bakke (1978)
* Washington v. Seattle School Dist. No. 1 (1982)
* Crawford v. Los Angeles Board of Education (1982)
* Palmore v. Sidoti (1984)
* Hunter v. Underwood (1985)
* Wygant v. Jackson Board of Education (1986)
* City of Richmond v. J.A. Croson Co. (1989)
* Board of Education of Oklahoma City v. Dowell (1991)
* Freeman v. Pitts (1992)
* United States v. Fordice (1992)
* Northeastern Fla. Chapter, Associated Gen. Contractors of America v. Jacksonville (1993)
* Missouri v. Jenkins (1995)
* Texas v. Lesage (1999)
* Gratz v. Bollinger (2003)
* Grutter v. Bollinger (2003)
* Johnson v. California (2005)
* Parents Involved in Community Schools v. Seattle School District No. 1 (2007)
* Fisher v. University of Texas I (2013)
* Schuette v. Coalition to Defend Affirmative Action (2014)
* Fisher v. University of Texas II (2016)
* Students for Fair Admissions v. President and Fellows of Harvard College (2023)

|

Sex|

* Breedlove v. Suttles (1937)
* Goesaert v. Cleary (1948)
* Reed v. Reed (1971)
* Moritz v. Commissioner (1972)
* Kahn v. Shevin (1974)
* Geduldig v. Aiello (1974)
* Stanton v. Stanton (1975)
* Edwards v. Healy (1975)
* Craig v. Boren (1976)
* Orr v. Orr (1979)
* Parham v. Hughes (1979)
* Caban v. Mohammed (1979)
* Personnel Administrator of Massachusetts v. Feeney (1979)
* Wengler v. Druggists Mut. Ins. Co. (1980)
* Kirchberg v. Feenstra (1981)
* Michael M. v. Superior Court of Sonoma County (1981)
* Mississippi University for Women v. Hogan (1982)
* Lehr v. Robertson (1983)
* J.E.B. v. Alabama ex rel. T.B. (1994)
* United States v. Virginia (1996)
* United States v. Skrmetti (2024)

Sexual orientation|

* Bowers v. Hardwick (1986)
* Romer v. Evans (1996)
* Obergefell v. Hodges (2015)

Alienage|

* Patsone v. Pennsylvania (1914)
* Truax v. Raich (1915)
* Heim v. McCall (1915)
* Crane v. New York (1915)
* Terrace v. Thompson (1923)
* Porterfield v. Webb (1923)
* Webb v. O'Brien (1923)
* Frick v. Webb (1923)
* Ohio ex rel. Clark v. Deckebach (1927)
* Takahashi v. Fish and Game Comm'n (1948)
* Hernandez v. Texas (1954)
* Graham v. Richardson (1971)
* Sugarman v. Dougall (1973)
* In re Griffiths (1973)
* Examining Board v. Flores de Otero (1976)
* Nyquist v. Mauclet (1977)
* Foley v. Connelie (1978)
* Ambach v. Norwick (1979)
* Cabell v. Chavez-Salido (1982)
* Plyler v. Doe (1982)
* Bernal v. Fainter (1984)

Residency|

* Shapiro v. Thompson (1969)
* Arlington County Board v. Richards (1977)
* Metropolitan Life Insurance Co. v. Ward (1985)

Other|

* United States v. Cruikshank (1876)
* Santa Clara County v. Southern Pacific Railroad Co. (1886)
* Quaker City Cab Co. v. Commonwealth (1928)
* Breedlove v. Suttles (1937)
* Skinner v. Oklahoma (1942)
* Oyama v. California (1948)
* Oyler v. Boles (1962)
* Harper v. Virginia State Board of Elections (1966)
* Rinaldi v. Yeager (1966)
* Levy v. Louisiana (1968)
* Williams v. Rhodes (1968)
* Oregon v. Mitchell (1970)
* Boddie v. Connecticut (1971)
* Eisenstadt v. Baird (1972)
* Lehnhausen v. Lake Shore Auto Parts Co. (1973)
* San Antonio Independent School District v. Rodriguez (1973)
* Richardson v. Ramirez (1974)
* Village of Belle Terre v. Boraas (1974)
* Massachusetts Board of Retirement v. Murgia (1976)
* Trimble v. Gordon (1977)
* Zablocki v. Redhail (1978)
* New York City Transit Authority v. Beazer (1979)
* Mills v. Habluetzel (1982)
* City of Cleburne v. Cleburne Living Center, Inc. (1985)
* Clark v. Jeter (1988)
* Kadrmas v. Dickinson Public Schools (1988)
* Gregory v. Ashcroft (1991)
* Vacco v. Quill (1997)
* Bush v. Gore (2000)
* Armour v. Indianapolis (2012)

Enforcement Clause

* Civil Rights Cases (1883)
* Katzenbach v. Morgan (1966)
* Fitzpatrick v. Bitzer (1976)
* Dellmuth v. Muth (1989)
* City of Boerne v. Flores (1997)
* Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank (1999)
* Kimel v. Florida Board of Regents (2000)
* United States v. Morrison (2000)
* Board of Trustees of the University of Alabama v. Garrett (2001)
* Nevada Department of Human Resources v. Hibbs (2003)
* Tennessee v. Lane (2004)
* United States v. Georgia (2006)
* Shelby County v. Holder (2013)

Other

* Gold Clause Cases (1935)
* Trump v. Anderson (2024)

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