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Constitutional Law Keyed to Farber
Personnel Administrator of Massachusetts v. Feeney
Citation:
442 U.S. 256 (1979)Facts
Helen Feeney worked in Massachusetts civil service from 1963 to 1975, when her position was eliminated. During her twelve-year tenure, she took numerous competitive civil service examinations, often scoring very highly—including second highest for a Board of Dental Examiners position and third highest for an Administrative Assistant position. Despite her high scores, she was consistently ranked below male veterans who scored lower due to Massachusetts General Laws chapter 31, section 23, which required that all qualifying veterans be placed above all non-veterans on eligible lists. Between 1963 and 1973, over 98% of Massachusetts veterans were male, and the preference resulted in women being displaced on fifty sample eligible lists. The statute applied to approximately 60% of public jobs in Massachusetts and granted an absolute lifetime preference to any honorably discharged veteran with at least 90 days of active wartime service. Feeney eventually concluded that further competition for positions of interest to veterans would be futile and filed suit in 1975 challenging the statute as unconstitutional gender discrimination.
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