personnel
administrator
mass
feeney
argued
february
decided
june
tenure
state
employee
appellee
veteran
passed
number
open
competitive
civil
service
examinations
better
jobs
massachusetts
veterans
preference
statute
ranked
instance
male
veterans
achieved
lower
test
scores
appellee
statute
veterans
qualify
state
civil
service
positions
must
considered
appointment
ahead
qualifying
nonveterans
statutory
preference
available
person
male
female
including
nurse
honorably
discharged
armed
forces
least
days
active
service
least
one
day
wartime
operates
overwhelmingly
advantage
males
appellee
brought
action
federal
district
alleging
formula
established
massachusetts
statute
inevitably
operates
exclude
women
consideration
best
state
civil
service
jobs
thus
discriminates
women
violation
equal
protection
clause
fourteenth
amendment
declared
statute
unconstitutional
enjoined
operation
finding
goals
preference
legitimate
statute
enacted
purpose
discriminating
women
exclusionary
impact
upon
women
severe
require
state
goals
limited
form
preference
earlier
appeal
vacated
judgment
remanded
case
consideration
light
intervening
decision
washington
davis
held
neutral
law
violate
equal
protection
clause
solely
results
racially
disproportionate
impact
instead
disproportionate
impact
must
traced
purpose
discriminate
basis
race
upon
remand
district
reaffirmed
original
judgment
concluding
veterans
hiring
preference
inherently
nonneutral
favors
class
women
traditionally
excluded
consequences
massachusetts
formula
employment
opportunities
women
inevitable
unintended
held
massachusetts
granting
absolute
lifetime
preference
veterans
discriminated
women
violation
equal
protection
clause
fourteenth
amendment
pp
classifications
based
upon
gender
must
bear
close
substantial
relationship
important
governmental
objectives
although
public
employment
constitutional
right
wide
discretion
framing
employee
qualifications
state
law
overtly
covertly
designed
prefer
males
females
public
employment
require
exceedingly
persuasive
justification
withstand
constitutional
challenge
equal
protection
clause
pp
statute
face
challenged
ground
effects
upon
women
disproportionably
adverse
twofold
inquiry
appropriate
first
question
whether
statutory
classification
indeed
neutral
sense
classification
covert
overt
based
upon
gender
second
question
whether
adverse
effect
reflects
invidious
discrimination
pp
appellee
concession
district
finding
massachusetts
statute
pretext
gender
discrimination
clearly
correct
apart
facts
definition
veterans
statute
always
neutral
gender
massachusetts
consistently
defined
veteran
status
way
inclusive
women
served
military
law
plausibly
even
rationally
explained
classification
significant
numbers
nonveterans
men
nonveterans
male
well
female
placed
disadvantage
distinction
made
massachusetts
statute
seems
quite
simply
veterans
nonveterans
men
women
pp
appellee
contention
veterans
preference
inherently
nonneutral
sense
favors
status
reserved
federal
military
policy
primarily
men
wholly
odds
district
central
finding
massachusetts
offered
preference
veterans
purpose
discriminating
women
reconciled
assumption
made
appellee
district
limited
hiring
preference
veterans
sustained
since
degree
preference
makes
constitutional
difference
pp
disingenuous
say
adverse
consequences
legislation
women
unintended
sense
volitional
sense
foreseeable
nevertheless
discriminatory
purpose
implies
intent
volition
intent
awareness
consequences
implies
decisionmaker
selected
reaffirmed
particular
course
action
least
part
merely
spite
adverse
effects
upon
identifiable
group
totality
legislative
actions
establishing
extending
massachusetts
veterans
preference
considered
law
remains
purports
preference
veterans
either
sex
nonveterans
either
sex
men
women
pp
although
absolute
permanent
preferences
always
subject
objection
give
veteran
square
deal
fourteenth
amendment
made
refuge
laws
district
columbia
brooke
substantial
edge
granted
veterans
massachusetts
statute
may
reflect
unwise
policy
appellee
simply
failed
demonstrate
law
way
reflects
purpose
discriminate
basis
sex
pp
stewart
delivered
opinion
burger
white
powell
blackmun
rehnquist
stevens
joined
stevens
filed
concurring
opinion
white
joined
post
marshall
filed
dissenting
opinion
brennan
joined
post
thomas
kiley
assistant
attorney
general
massachusetts
argued
cause
appellants
brief
francis
bellotti
attorney
general
edward
vena
assistant
attorney
general
richard
ward
argued
cause
appellee
brief
stephen
perlman
eleanor
acheson
john
mason
john
reinstein
briefs
amici
curiae
urging
reversal
filed
solicitor
general
mccree
deputy
solicitor
general
easterbrook
william
bryson
john
curtin
american
legion
samuel
rabinove
phyllis
segal
filed
brief
national
organization
women
et
al
amici
curiae
urging
affirmance
briefs
amici
curiae
filed
deanne
siemer
office
personnel
management
et
al
paul
kamenar
washington
legal
foundation
justice
stewart
delivered
opinion
case
presents
challenge
constitutionality
massachusetts
veterans
preference
statute
mass
laws
ch
ground
discriminates
women
violation
equal
protection
clause
fourteenth
amendment
ch
veterans
qualify
state
civil
service
positions
must
considered
appointment
ahead
qualifying
nonveterans
preference
operates
overwhelmingly
advantage
males
appellee
helen
feeney
veteran
brought
action
pursuant
alleging
formula
established
ch
inevitably
operates
exclude
women
consideration
best
massachusetts
civil
service
jobs
thus
unconstitutionally
denies
equal
protection
laws
district
agreed
one
judge
dissenting
anthony
massachusetts
supp
mass
district
found
absolute
preference
afforded
massachusetts
veterans
devastating
impact
upon
employment
opportunities
women
although
found
goals
preference
worthy
legitimate
legislation
enacted
purpose
discriminating
women
reasoned
exclusionary
impact
upon
women
nonetheless
severe
require
state
goals
limited
form
preference
finding
modest
preference
formula
readily
accommodate
state
interest
aiding
veterans
declared
ch
unconstitutional
enjoined
operation
upon
appeal
taken
attorney
general
massachusetts
vacated
judgment
remanded
case
consideration
light
intervening
decision
washington
davis
massachusetts
feeney
davis
case
held
neutral
law
violate
equal
protection
clause
solely
results
racially
disproportionate
impact
instead
disproportionate
impact
must
traced
purpose
discriminate
basis
race
upon
remand
district
one
judge
concurring
one
judge
dissenting
concluded
veterans
hiring
preference
inherently
nonneutral
favors
class
women
traditionally
excluded
consequences
massachusetts
formula
employment
opportunities
women
inevitable
unintended
accordingly
reaffirmed
original
judgment
feeney
massachusetts
supp
attorney
general
appealed
pursuant
probable
jurisdiction
appeal
noted
federal
government
virtually
grant
sort
hiring
preference
veterans
massachusetts
preference
loosely
termed
absolute
lifetime
preference
among
generous
applies
positions
state
classified
civil
service
constitute
approximately
public
jobs
state
available
person
male
female
including
nurse
honorably
discharged
armed
forces
least
days
active
service
least
one
day
wartime
persons
deemed
veterans
otherwise
qualified
particular
civil
service
job
may
exercise
preference
time
many
times
wish
civil
service
positions
massachusetts
fall
two
general
categories
labor
official
jobs
official
service
proofs
action
concerned
preference
mechanics
uncomplicated
applicants
employment
must
take
competitive
examinations
grades
based
formula
gives
weight
objective
test
results
training
experience
candidates
pass
ranked
order
respective
scores
eligible
list
chapter
requires
however
disabled
veterans
veterans
surviving
spouses
surviving
parents
veterans
ranked
order
respective
scores
candidates
rank
eligible
list
availability
employment
sole
factors
determine
candidates
considered
appointment
official
civil
service
position
public
agency
vacancy
requisitions
list
certified
eligibles
state
personnel
division
formulas
prescribed
civil
service
rules
small
number
candidates
top
appropriate
list
three
one
vacancy
certified
appointing
agency
required
choose
among
candidates
although
veterans
preference
thus
guarantee
veteran
appointed
obvious
preference
gives
veterans
achieve
passing
scores
absolute
advantage
appellee
lived
dracut
life
entered
work
force
next
years
worked
variety
jobs
private
sector
first
entered
state
civil
service
system
competed
successfully
position
senior
clerk
stenographer
massachusetts
civil
defense
agency
worked
four
years
promoted
position
federal
funds
personnel
coordinator
agency
agency
job
eliminated
tenure
public
employee
feeney
took
passed
number
open
competitive
civil
service
examinations
several
quite
well
receiving
second
highest
score
examination
job
board
dental
examiners
third
highest
test
administrative
assistant
position
mental
health
center
high
scores
however
win
place
certified
eligible
list
veterans
preference
ranked
sixth
behind
five
male
veterans
dental
examiner
list
certified
lower
scoring
veteran
eventually
appointed
examination
placed
position
list
behind
male
veterans
lower
scores
following
examinations
took
name
similarly
ranked
veterans
achieved
passing
grades
feeney
interest
securing
better
job
state
government
wane
consistently
eclipsed
veterans
however
eventually
concluded
competition
civil
service
positions
interest
veterans
futile
shortly
civil
defense
job
abolished
commenced
litigation
veterans
hiring
preference
massachusetts
jurisdictions
traditionally
justified
measure
designed
reward
veterans
sacrifice
military
service
ease
transition
military
civilian
life
encourage
patriotic
service
attract
loyal
people
civil
service
occupations
see
hutcheson
director
civil
service
mass
massachusetts
law
dates
back
state
part
first
civil
service
legislation
gave
statutory
preference
civil
service
applicants
civil
war
veterans
qualifications
equal
nonveterans
mass
acts
ch
sixth
provision
blossomed
truly
absolute
preference
state
enacted
first
general
veterans
preference
law
exempted
veterans
merit
selection
requirements
mass
acts
ch
response
challenge
brought
male
nonveteran
statute
declared
violative
state
constitutional
provisions
guaranteeing
government
common
good
prohibiting
hereditary
titles
brown
russell
mass
current
veterans
preference
law
origins
statute
enacted
meet
state
constitutional
standards
enunciated
brown
russell
statute
limited
absolute
preference
veterans
otherwise
qualified
closely
divided
judicial
advisory
opinion
issued
year
concluded
preference
embodied
statute
valid
opinion
justices
mass
preference
extended
cover
veterans
world
war
formula
limited
provide
priority
eligibility
contrast
absolute
preference
hiring
see
corliss
civil
service
mass
mayor
lynn
commissioner
civil
service
mass
judicial
adhering
views
expressed
advisory
opinion
sustained
statute
state
constitutional
challenge
since
preference
repeatedly
amended
cover
persons
served
subsequent
wars
declared
undeclared
see
mass
acts
ch
mass
acts
ch
world
war
ii
mass
acts
ch
korea
mass
acts
ch
vietnam
current
preference
formula
ch
substantially
settled
upon
absolute
preference
even
modified
never
universally
popular
years
subjected
repeated
legal
challenges
see
hutcheson
director
civil
service
supra
collecting
cases
criticism
civil
service
reform
groups
see
report
massachusetts
committee
public
service
initiative
bill
relative
veterans
preference
report
massachusetts
special
commission
civil
service
public
personnel
administration
june
referendum
reaffirmed
majority
see
present
case
apparently
first
challenge
massachusetts
veterans
preference
simple
ground
discriminates
basis
sex
first
massachusetts
veterans
preference
statute
defined
term
veterans
language
see
mass
acts
ch
person
served
army
navy
subsequent
amendments
followed
pattern
see
mass
acts
ch
person
served
mass
acts
ch
person
male
female
including
nurse
women
served
official
military
units
wartime
always
entitled
benefit
preference
addition
massachusetts
amendment
definition
wartime
service
extended
preference
women
served
unofficial
auxiliary
women
units
mass
acts
ch
first
general
veterans
preference
statute
adopted
women
veterans
statute
however
covered
civil
war
veterans
beyond
middle
age
relatively
actively
competing
public
employment
thus
impact
preference
upon
employment
opportunities
group
women
particular
slight
notwithstanding
apparent
attempts
massachusetts
include
many
military
women
possible
within
scope
preference
statute
today
benefits
overwhelmingly
male
class
attributable
measure
variety
federal
statutes
regulations
policies
restricted
number
women
enlist
armed
forces
largely
simple
fact
women
never
subjected
military
draft
see
generally
binkin
bach
litigation
commenced
veterans
massachusetts
male
female
massachusetts
population
veterans
decade
appellee
actively
participating
state
merit
selection
system
new
permanent
appointments
made
classified
official
service
percent
hired
women
men
women
appointed
veterans
men
veteran
status
large
unspecified
percentage
female
appointees
serving
lower
paying
positions
males
traditionally
applied
sample
eligible
lists
part
record
case
one
women
certified
eligible
appointment
basis
test
results
displaced
veterans
whose
test
scores
lower
outset
litigation
appellants
conceded
many
permanent
positions
males
females
competed
veterans
preference
resulted
substantially
greater
proportion
female
eligibles
male
eligibles
certified
consideration
impact
veterans
preference
law
upon
public
employment
opportunities
women
thus
severe
impact
lies
heart
appellee
federal
constitutional
claim
ii
sole
question
decision
appeal
whether
massachusetts
granting
absolute
lifetime
preference
veterans
discriminated
women
violation
equal
protection
clause
fourteenth
amendment
equal
protection
guarantee
fourteenth
amendment
take
power
classification
massachusetts
bd
retirement
murgia
laws
classify
many
affect
certain
groups
unevenly
even
though
law
treats
differently
members
class
described
law
basic
classification
rationally
based
uneven
effects
upon
particular
groups
within
class
ordinarily
constitutional
concern
new
york
city
transit
authority
beazer
jefferson
hackney
cf
james
valtierra
calculus
effects
manner
particular
law
reverberates
society
legislative
judicial
responsibility
dandridge
williams
san
antonio
school
dist
rodriguez
assessing
equal
protection
challenge
called
upon
measure
basic
validity
legislative
classification
barrett
indiana
railway
express
agency
new
york
independent
right
stake
see
shapiro
thompson
reason
infer
antipathy
vance
bradley
presumed
even
improvident
decisions
eventually
rectified
democratic
process
ibid
certain
classifications
however
supply
reason
infer
antipathy
race
paradigm
racial
classification
regardless
purported
motivation
presumptively
invalid
upheld
upon
extraordinary
justification
brown
board
education
mclaughlin
florida
rule
applies
well
classification
ostensibly
neutral
obvious
pretext
racial
discrimination
yick
wo
hopkins
guinn
cf
lane
wilson
gomillion
lightfoot
made
clear
washington
davis
arlington
heights
metropolitan
housing
dev
even
neutral
law
disproportionately
adverse
effect
upon
racial
minority
unconstitutional
equal
protection
clause
impact
traced
discriminatory
purpose
classifications
based
upon
gender
unlike
based
upon
race
traditionally
touchstone
pervasive
often
subtle
discrimination
caban
mohammed
stewart
dissenting
recent
cases
teach
classifications
must
bear
close
substantial
relationship
important
governmental
objectives
craig
boren
many
settings
unconstitutional
reed
reed
frontiero
richardson
weinberger
wiesenfeld
craig
boren
supra
califano
goldfarb
orr
orr
caban
mohammed
supra
although
public
employment
constitutional
right
massachusetts
bd
retirement
murgia
supra
wide
discretion
framing
employee
qualifications
see
new
york
city
transit
authority
beazer
supra
precedents
dictate
state
law
overtly
covertly
designed
prefer
males
females
public
employment
require
exceedingly
persuasive
justification
withstand
constitutional
challenge
equal
protection
clause
fourteenth
amendment
cases
washington
davis
supra
arlington
heights
metropolitan
housing
dev
supra
recognize
neutral
law
disparate
impact
upon
group
historically
victim
discrimination
unconstitutional
purpose
may
still
work
cases
signaled
departure
settled
rule
fourteenth
amendment
guarantees
equal
laws
equal
results
davis
upheld
employment
test
white
people
passed
proportionately
greater
numbers
negroes
showing
racial
discrimination
entered
establishment
formulation
test
arlington
heights
upheld
zoning
board
decision
tended
perpetuate
racially
segregated
housing
patterns
since
apart
effect
board
decision
shown
nothing
application
constitutionally
neutral
zoning
policy
principles
apply
equal
force
case
involving
alleged
gender
discrimination
statute
face
challenged
ground
effects
upon
women
disproportionably
adverse
twofold
inquiry
thus
appropriate
first
question
whether
statutory
classification
indeed
neutral
sense
gender
based
classification
covert
overt
based
upon
gender
second
question
whether
adverse
effect
reflects
invidious
discrimination
see
arlington
heights
metropolitan
housing
dev
supra
second
inquiry
impact
provides
important
starting
point
purposeful
discrimination
condition
offends
constitution
swann
board
education
background
precedent
consider
merits
case
us
iii
question
whether
ch
establishes
classification
overtly
covertly
based
upon
gender
must
first
considered
appellee
conceded
ch
neutral
face
also
acknowledged
state
hiring
preferences
veterans
per
se
invalid
limited
challenge
absolute
lifetime
preference
massachusetts
provides
veterans
district
made
two
central
findings
relevant
first
ch
serves
legitimate
worthy
purposes
second
absolute
preference
established
purpose
discriminating
women
appellee
thus
acknowledged
district
thus
found
distinction
veterans
nonveterans
drawn
ch
pretext
gender
discrimination
appellee
concession
district
finding
clearly
correct
impact
statute
plausibly
explained
neutral
ground
impact
signal
real
classification
made
law
fact
neutral
see
washington
davis
arlington
heights
metropolitan
housing
dev
supra
one
answer
question
whether
veteran
preference
excludes
significant
numbers
women
preferred
state
jobs
women
nonveterans
apart
facts
definition
veterans
statute
always
neutral
gender
massachusetts
consistently
defined
veteran
status
way
inclusive
women
served
military
law
plausibly
explained
classification
indeed
law
rationally
explained
ground
veteran
status
uniquely
male
although
women
benefit
preference
nonveteran
class
substantially
female
contrary
significant
numbers
nonveterans
men
nonveterans
male
well
female
placed
disadvantage
many
men
affected
ch
permit
inference
statute
pretext
preferring
men
women
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district
implicitly
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purposes
statute
provide
surest
explanation
impact
cases
impact
alone
unmask
invidious
classification
cf
yick
wo
hopkins
others
notwithstanding
impact
legitimate
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purposes
law
missed
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distinction
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ch
seems
quite
simply
veterans
nonveterans
men
women
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question
whether
appellee
shown
discriminatory
purpose
least
measure
shaped
massachusetts
veterans
preference
legislation
district
points
two
basic
factors
view
distinguish
ch
neutral
rules
issue
washington
davis
arlington
heights
cases
first
nature
preference
said
demonstrably
sense
favors
status
reserved
federal
military
policy
primarily
men
second
concerns
impact
absolute
lifetime
preference
upon
employment
opportunities
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claimed
inevitable
unintended
appellee
contends
factors
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fact
preference
little
relevance
actual
job
performance
suffice
prove
discriminatory
intent
required
establish
constitutional
violation
contention
veterans
preference
inherently
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presumes
state
favoring
veterans
intentionally
incorporated
public
employment
policies
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assertedly
discriminatory
federal
laws
prevented
handful
women
becoming
veterans
two
serious
difficulties
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odds
district
central
finding
massachusetts
offered
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reconciled
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district
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offering
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said
intentionally
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employment
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historical
federal
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personnel
practices
degree
preference
make
constitutional
difference
invidious
discrimination
become
less
discrimination
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lesser
magnitude
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intent
simply
amenable
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factor
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choice
district
conclusion
absolute
veterans
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enacted
subsequently
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purpose
giving
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intended
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logic
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reason
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merely
restate
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answer
question
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written
test
issue
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purport
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confers
upon
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competitive
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found
appellee
disputed
legislative
choice
legitimate
basic
distinction
veterans
nonveterans
found
goals
preference
found
worthy
ch
must
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neutral
law
casts
greater
burden
upon
women
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upon
men
group
enlistment
policies
armed
services
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well
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basis
sex
see
frontiero
richardson
cf
schlesinger
ballard
history
discrimination
women
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trial
case
appellee
ultimate
argument
rests
upon
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common
criminal
civil
law
person
intends
natural
foreseeable
consequences
voluntary
actions
position
well
stated
concurring
opinion
district
conceding
goal
benefit
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reason
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legislature
awareness
means
chosen
achieve
goal
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state
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men
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state
legislature
selected
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upon
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yet
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record
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subsequently
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goal
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women
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place
massachusetts
civil
service
iv
veterans
hiring
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represent
awkward
many
argue
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view
merit
merit
alone
prevail
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laws
enacted
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peacetime
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come
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many
quarters
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unwise
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permanent
preferences
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history
law
demonstrates
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give
veteran
square
deal
fourteenth
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ch
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way
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purpose
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sex
judgment
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
statutory
claim
brought
title
vii
civil
rights
act
et
seq
section
act
provides
othing
contained
subchapter
shall
construed
repeal
modify
federal
state
territorial
local
law
creating
special
rights
preference
veterans
parties
evidently
assumed
provision
precludes
title
vii
challenge
appellee
case
consolidated
similar
action
brought
carol
anthony
lawyer
whose
efforts
obtain
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service
counsel
position
frustrated
ch
massachusetts
exempted
attorney
positions
preference
mass
acts
ch
anthony
claims
accordingly
found
moot
district
anthony
massachusetts
district
entered
stay
pending
appeal
stay
rendered
moot
passage
interim
statute
suspending
ch
pending
final
judgment
replacing
interim
provision
granting
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point
preference
veterans
mass
acts
ch
codified
mass
laws
ch
west
attorney
general
appealed
judgment
objection
state
officers
named
defendants
response
certification
question
whether
massachusetts
law
permits
see
massachusetts
feeney
judicial
answered
affirmative
feeney
commonwealth
mass
first
comprehensive
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veterans
statute
enacted
veterans
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act
stat
federal
government
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engaged
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hiring
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official
policies
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laws
since
civil
war
see
res
mar
stat
hiring
preference
disabled
veterans
see
generally
house
committee
veterans
affairs
provision
federal
benefits
veterans
historical
analysis
major
veterans
legislation
comm
print
surveys
state
veterans
preference
laws
many
also
date
back
late
century
see
state
veterans
laws
digests
state
laws
regarding
rights
benefits
privileges
veterans
dependents
house
committee
veterans
affairs
sess
fleming
shanor
veterans
preferences
public
employment
unconstitutional
gender
discrimination
emory
forms
veterans
hiring
preferences
vary
widely
federal
government
approximately
grant
veterans
point
advantage
civil
service
examinations
usually
points
disabled
veteran
one
disabled
see
fleming
shanor
supra
citing
statutes
offer
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statutes
like
massachusetts
extend
absolute
hiring
positional
preferences
qualified
veterans
see
stat
ann
west
comp
laws
ann
utah
code
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rev
code
massachusetts
laws
ch
west
supplies
general
definition
term
veteran
reads
pertinent
part
veteran
shall
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person
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female
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nurse
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last
discharge
release
wartime
service
defined
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honorable
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army
navy
marine
corps
coast
guard
air
force
less
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days
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service
least
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day
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service
wartime
service
defined
service
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war
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world
war
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world
war
ii
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korean
veteran
vietnam
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member
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mass
laws
ch
west
terms
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together
cover
entire
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may
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waac
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follows
woman
discharged
served
corps
unit
established
purpose
enabling
women
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auxiliary
armed
forces
woman
shall
deemed
veteran
ibid
massachusetts
preference
law
formerly
imposed
residency
requirement
see
mass
acts
ch
eligibility
conditioned
upon
massachusetts
domicile
prior
induction
five
years
residency
state
distinction
invalidated
violative
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protection
clause
stevens
campbell
supp
mass
cf
august
bronstein
supp
sdny
upholding
inter
alia
nondurational
residency
requirement
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york
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chapter
provides
full
names
persons
pass
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appointment
position
classified
civil
service
shall
placed
upon
eligible
lists
following
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disabled
veterans
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respective
standing
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order
respective
standing
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widow
widowed
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applicants
order
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upon
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names
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civil
service
rules
disabled
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person
whose
name
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mass
acts
ch
currently
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laws
ch
west
veterans
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laws
challenged
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essentially
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see
koelfgen
jackson
supp
summarily
aff
august
bronstein
supra
rios
dillman
cf
mitchell
cohen
see
generally
blumberg
de
facto
de
jure
sex
discrimination
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protection
clause
reconsideration
veterans
preference
public
employment
buffalo
rev
collection
early
cases
see
veterans
preference
laws
mass
acts
ch
amended
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provided
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contained
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upon
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mass
acts
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eliminated
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acts
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provision
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service
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mass
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west
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supra
cases
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preference
laws
see
ballou
state
department
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service
sustaining
new
jersey
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feinerman
jones
supp
md
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nd
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organization
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wd
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laws
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cl
west
see
supra
wartime
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forces
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roles
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men
see
binkin
bach
women
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binkin
bach
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better
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molly
pitcher
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war
deborah
sampson
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war
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ironsides
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laffin
women
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average
age
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war
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massachusetts
civil
service
commissioners
third
annual
report
preference
established
statute
apparently
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covered
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acts
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service
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service
commissioners
thirteenth
annual
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age
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army
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bach
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ibid
navy
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established
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traffic
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war
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temporary
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services
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established
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bach
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percentage
risen
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former
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nn
supra
may
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century
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types
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law
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since
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statute
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service
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see
rule
massachusetts
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service
law
rules
regulations
commissioners
case
request
certification
law
regulation
shall
call
persons
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sex
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shall
certified
otherwise
sex
shall
disregarded
certification
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preference
statute
point
endorsed
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historical
materials
indicate
however
early
preference
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encourage
employment
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positions
previously
excluded
see
thirteenth
annual
report
supra
third
annual
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say
degree
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neutral
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proof
discriminatory
intent
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necessarily
usually
rely
objective
factors
several
outlined
arlington
heights
metropolitan
housing
dev
inquiry
practical
legislature
official
entity
may
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results
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cramer
jackson
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inevitability
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tool
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impact
essentially
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consequence
legislative
policy
always
deemed
legitimate
statutory
history
available
evidence
affirmatively
demonstrate
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inference
simply
fails
ripen
proof
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supra
appellee
suggested
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supra
supplies
evidence
massachusetts
established
subsequently
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supra
demonstrates
ch
laced
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weinberger
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supra
nn
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veterans
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oversight
subcommittee
civil
service
house
post
office
civil
service
committee
sess
report
comptroller
general
conflicting
congressional
policies
veterans
preference
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vs
equal
employment
opportunity
justice
stevens
justice
white
joins
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confess
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two
questions
posed
ante
classification
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believe
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phrased
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largely
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number
males
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massachusetts
veterans
preference
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number
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refute
claim
rule
intended
benefit
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class
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marshall
justice
brennan
joins
dissenting
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statute
ante
concludes
intent
established
agree
judgment
massachusetts
choice
absolute
veterans
preference
system
evinces
purposeful
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relationship
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scrutiny
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protection
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district
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prime
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massachusetts
veterans
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laws
ch
benefit
individuals
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military
service
anthony
commonwealth
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mass
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massachusetts
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factual
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legislature
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lawmakers
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act
variety
reasons
recognized
arlington
heights
metropolitan
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dev
arely
said
legislature
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mcginnis
royster
ely
legislative
administrative
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constitutional
law
yale
thus
critical
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whether
appreciable
role
shaping
given
legislative
enactment
proof
discriminatory
purpose
motivating
factor
decision
judicial
deference
longer
justified
arlington
heights
metropolitan
housing
dev
supra
emphasis
added
moreover
since
reliable
evidence
subjective
intentions
seldom
obtainable
resort
inference
based
objective
factors
generally
unavoidable
see
beer
marshall
dissenting
cf
palmer
thompson
discern
purposes
underlying
facially
neutral
policies
therefore
considered
degree
inevitability
foreseeability
disproportionate
impact
well
alternatives
reasonably
available
see
monroe
board
commissioners
goss
board
education
gomillion
lightfoot
griffin
illinois
cf
albemarle
paper
moody
instant
case
impact
massachusetts
statute
women
undisputed
veteran
passing
grade
civil
service
exam
must
placed
ahead
nonveteran
regardless
respective
scores
district
found
practical
matter
preference
supplants
test
results
determinant
upper
level
civil
service
appointments
less
women
massachusetts
veterans
formula
rendered
desirable
state
civil
service
employment
almost
exclusively
male
prerogative
campbell
concurring
district
recognized
consequence
follows
foreseeably
indeed
inexorably
long
history
policies
severely
limiting
women
participation
military
although
neutral
form
statute
anything
neutral
application
inescapably
reserves
major
sector
public
employment
already
established
class
matter
historical
fact
male
ibid
foreseeable
impact
facially
neutral
policy
disproportionate
burden
rest
state
establish
considerations
played
part
choice
particular
legislative
scheme
cf
castaneda
partida
washington
davis
alexander
louisiana
see
generally
brest
palmer
thompson
approach
problem
unconstitutional
legislative
motive
sup
rev
clearly
burden
sustained
legislative
history
statute
reflects
commonwealth
patent
appreciation
impact
preference
system
women
equally
evident
desire
mitigate
impact
respect
certain
traditionally
female
occupations
statute
implementing
civil
service
regulations
exempted
operation
preference
job
requisitions
especially
calling
women
mass
acts
ch
see
also
mass
acts
ch
mass
acts
ch
mass
acts
ch
mass
acts
ch
ante
nn
practice
exemption
coupled
absolute
preference
veterans
created
civil
service
hierarchy
women
occupying
clerical
secretarial
jobs
men
holding
responsible
remunerative
positions
see
thus
years
commonwealth
maintained
integral
part
veterans
preference
system
exemption
relegating
female
civil
service
applicants
occupations
traditionally
filled
women
statutory
scheme
reflects
perpetuates
precisely
kind
archaic
assumptions
women
roles
previously
held
invalid
see
orr
orr
califano
goldfarb
stanton
stanton
weinberger
wiesenfeld
particularly
viewed
range
less
discriminatory
alternatives
available
assist
veterans
massachusetts
choice
formula
severely
restricts
public
employment
opportunities
women
reasonably
thought
cf
albemarle
paper
moody
supra
conclusion
contrary
nothing
record
evinces
collateral
goal
keeping
women
stereotypic
predefined
place
massachusetts
civil
service
ante
displays
singularly
myopic
view
facts
established
ii
survive
challenge
equal
protection
clause
statutes
reflecting
discrimination
must
substantially
related
achievement
important
governmental
objectives
see
califano
webster
craig
boren
reed
reed
appellants
advance
three
interests
support
system
assisting
veterans
readjustment
civilian
life
encouraging
military
enlistment
rewarding
served
country
brief
appellants
although
goals
unquestionably
legitimate
mere
recitation
benign
compensatory
purpose
insulate
legislative
classifications
constitutional
scrutiny
weinberger
wiesenfeld
supra
case
commonwealth
failed
establish
sufficient
relationship
objectives
means
chosen
effectuate
respect
first
interest
facilitating
veterans
transition
civilian
status
statute
plainly
overinclusive
cf
trimble
gordon
jimenez
weinberger
conferring
permanent
preference
legislation
allows
veterans
invoke
advantage
repeatedly
without
regard
date
discharge
record
demonstrates
substantial
majority
currently
enjoying
benefits
system
recently
discharged
veterans
need
readjustment
assistance
commonwealth
second
asserted
interest
encouraging
military
service
plausible
justification
legislative
scheme
original
subsequent
statute
extended
benefits
retroactively
veterans
served
prior
specified
period
see
ante
commonwealth
actual
purpose
induce
enlistment
legislative
design
hardly
well
suited
end
see
califano
webster
supra
weinberger
wiesenfeld
supra
unwilling
assume
appellants
made
effort
prove
possibility
obtaining
ex
post
facto
civil
service
preference
significantly
influenced
enlistment
decisions
massachusetts
residents
moreover
even
influence
presumed
statute
still
grossly
overinclusive
bestows
benefits
men
drafted
well
volunteered
finally
commonwealth
third
interest
rewarding
veterans
adequately
justify
salient
features
preference
system
craig
boren
supra
see
orr
orr
supra
particular
statutory
scheme
visits
substantial
hardship
class
long
subject
discrimination
legislation
sustained
unless
carefully
tuned
alternative
considerations
trimble
gordon
supra
see
caban
mohammed
mathews
lucas
wide
variety
less
discriminatory
means
massachusetts
effect
compensatory
purposes
example
point
preference
system
maintained
many
federal
government
see
supra
absolute
preference
limited
duration
reward
veterans
without
excluding
qualified
women
upper
level
civil
service
positions
apart
public
employment
commonwealth
afford
assistance
veterans
various
ways
including
tax
abatements
educational
subsidies
special
programs
needy
veterans
see
mass
laws
ch
fifth
west
supp
mass
laws
ch
west
supp
mass
laws
chs
west
supp
unlike
similar
benefits
costs
distributed
across
taxpaying
public
generally
massachusetts
statute
exacts
substantial
price
discrete
group
individuals
long
subject
employment
discrimination
circumstances
totally
beyond
control
little
chance
becoming
members
preferred
class
see
supra
present
unqualified
form
veterans
preference
statute
precludes
small
fraction
massachusetts
women
obtaining
civil
service
position
also
interest
men
see
campbell
concurring
given
range
alternatives
available
degree
preference
constitutionally
permissible
affirm
judgment
see
anthony
massachusetts
supp
mass
feeney
massachusetts
supp
mass
addition
quota
women
participation
armed
forces
see
ante
enlistment
appointment
requirements
stringent
females
males
respect
age
mental
physical
aptitude
parental
consent
educational
attainment
binkin
bach
women
military
hereinafter
binkin
bach
note
equal
rights
amendment
military
yale
armed
forces
precluded
enlistment
appointment
women
men
married
dependent
children
see
app
exs
restrictions
advancement
training
opportunities
also
diminished
incentives
qualified
women
enlist
see
binkin
bach
beans
sex
discrimination
military
mil
rev
cf
schlesinger
ballard
thus
unlike
employment
examination
washington
davis
found
demonstrably
job
related
massachusetts
preference
statute
incorporates
results
military
policies
irrelevant
women
current
fitness
civilian
public
employment
see
four
afford
preference
comparable
scope
massachusetts
see
fleming
shanor
veterans
preferences
public
employment
unconstitutional
gender
discrimination
emory
citing
statutes
federal
government
grant
point
preferences
foreclose
opportunities
women
see
nn
ante
hearings
veterans
preference
oversight
subcommittee
civil
service
house
committee
post
office
civil
service
statement
alan
campbell
chairman
civil
service
commission
although
relevant
preference
statute
also
disadvantages
substantial
group
men
see
ante
stevens
concurring
equally
pertinent
massachusetts
men
veterans
compared
massachusetts
women
app
given
disparity
indicia
intent
noted
supra
absolute
number
men
denied
preference
dispositive
especially
since
faced
barriers
achieving
veteran
status
confronted
women
see
supra
eligibility
lists
positions
feeney
sought
included
veterans
discharge
information
available
males
discharged
prior
app
see
frontiero
richardson
kahn
shevin
bureau
census
current
population
reports
money
income
poverty
status
families
persons
advance
report
table