Davis v. Passman 442 U.S. 228 (1979)
DAVIS v. PASSMAN 442 U.S. 228 (1979)
Congressman Otto Passman fired Davis, a female member of his staff, because "it was essential that the [job] be [held by] a man." Such sex discrimination normally violates Title VII of the civil rights act of 1964 but Congress had exempted itself from that act's coverage. Davis therefore brought suit directly under the Constitution, alleging that sex discrimination by members of Congress violates the equal protection guarantees contained in the Fifth Amendment. The Supreme Court, in an opinion by Justice william j. brennan and over four dissents, found that Davis had stated a cause of action. The Court extended its holding in bivens v. six unknown named agents of the federal bureau of narcotics (1971) to allow direct private damage actions under the Fifth Amendment. The majority did not discuss the speech or debate clauses ' effect, if any, on the action.
Theodore Eisenberg
(1986)