Yes, a civil service preference for veterans does seem to discriminate
against groups that have been excluded from the military. It might be
possible to argue against this policy based on fairness and so on, but
it's another question whether a court would do anything with it.
See Personnel Administrator of Massachusetts v. Feeney, 442 U.S. 256
(1979), which held that an absolute lifetime preference to veterans was
not unlawful discrimination against women under the Equal Protection
clause of the fourteenth amendment, even though, at the time, there was a
quota limiting women in the military to 2%, and fewer than 2% of
Massachusetts women were women. Marshall and Brennan dissented.
Mary Whisner, Head of Reference Telephone: (206) 543-6794
Gallagher Law Library FAX: (206) 685-2165
University of Washington Internet: whisner@u.washington.edu
1100 NE Campus Pkwy, JB-20
Seattle, WA 98105
On Tue, 25 May 1993 FAW@USDCSV.ACUSD.EDU wrote:
> From: USDCSV::FAW 25-MAY-1993 08:46:29.54
> To: JNET%"libadmin@umab.bitnet"
> CC: FAW
> Subj: Librarian position - Tampa, FL
>
> A question on the position announcement for the librarian's job through
> Hillsborough County (Florida) Civil Service:
>
> It states that "Preference will be given to eligible veterans and eligible
> spouces of veterans. ... Hillsborough County is AN EQUAL OPPORTUNITY
> EMPLOYER. MINORITY APPLICANTS ARE ENCOURAGED TO APPLY."
>
> Considering the ban on homosexuals in the military, doesn't the above
> statement smack of discrimination against those persons who cannot legally
> become veterans?
>
> =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
> + Franklin A. Weston Tel: 619-260-4612 +
> + Senior Reference Librarian FAW@ACUSD.BITNET +
> + Legal Research Center FAW@USDCSV.ACUSD.EDU +
> + University of San Diego FAX: 619-260-4616 +
> + 5998 Alcala Park +
> + San Diego, CA 92110-2492 +
> =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
>
>
>
>
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