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Qualifications of Teresa Joyce and Paul Johnson for Promotion to Road Dispatcher

In matching government affirmative actions plans against the Court Equal Protection doctrine, there is a discrepancy between positive plans for racial minorities and such plans for women. As discussed in chapter 2, the Court considers race a suspect classification for policy making, meaning that states must pass a very tough test to have any discrimination, positive or negative, upheld. With sex classifications, however, the Court uses the intermediate standard of review, which is more readily accepting that men and women may not be “similarly situated” with respect

Qualifications of Teresa Joyce and Paul Johnson for Promotion to Road Dispatcher In Johnson v. Transportation Agency of Santa Clara County (1987) the Supreme Court first examined an affirmative action plan for women. The Court found the plan consistent with Title VII guidelines. The applicants’ qualifications were as follows:

Nine of the applicants, including Joyce and Johnson were deemed qualified for the job, and were interviewed by a two person board. Seven of the applicants scored above 70 on this interview, which meant that they were certified as eligible for selection by the appointing authority. Johnson was tied for second with a score of 75, while Joyce ranked next with a score of 73. . . . The certification form naming Joyce as the person promoted to the dispatcher position stated that both she and Johnson were rated as well-qualified for the job. The evaluation of Joyce read: “Well-qualified by virtue of 18 years of past clerical experience including 3 1/2 years at West Yard plus almost 5 years as a [road maintenance worker].” The evaluation of Johnson as follows: “Well-qualified applicant; two years of [road maintenance worker] experience plus 11 years of Road Yard Clerk. He had previous outside Dispatch experience but that was 13 years ago.”