ERIC Number: ED240972
Record Type: Non-Journal
Publication Date: 1983
Reference Count: N/A
Academic Employment and Retrenchment: Judicial Review and Administrative Action. ASHE-ERIC Higher Education Research Report No. 8, 1983.
Hendrickson, Robert M.; Lee, Barbara A.
The major legal issues pertaining to academic employment are examined. Four areas affecting higher education are analyzed in depth: employment practices, equal pay, developing issues under Title IX of the Education Amendments of 1972; and financial exigency. In addition, guidelines for evaluating current institutional academic employment practices are provided. Specific attention is directed to: the order of proof and the burdens of proof for both plaintiffs and defendant colleges in academic Title VII (Civil Rights Act of 1964) cases; the general attitude of the federal courts toward employment discrimination litigation involving colleges; how courts review decision-making procedures and criteria in academic Title VII cases; statutes used by college faculty to challenge alleged salary discrimination and the kind of proof each party must provide; cases brought against colleges under these statutes; problems involved in creating or modifying salary policies; trends in judicial review of salary policies at colleges; the provisions and history of Title IX, recent federal cases, and regulations establishing a college's responsibilities under this law; and the case law on financial exigency and institutional prerogatives and obligations to faculty. An 11-page bibliography of cases, statutes, books and periodicals is included. (SW)
Descriptors: Civil Rights Legislation, Compliance (Legal), Court Litigation, Employment Practices, Equal Opportunities (Jobs), Federal Legislation, Financial Problems, Higher Education, Institutional Evaluation, Legal Responsibility, Personnel Policy, Retrenchment, Salary Wage Differentials, Teacher Salaries
Association for the Study of Higher Education, Publications Department, One Dupont Circle, Suite 603, Washington, DC 20036 ($6.50, nonmembers; $5.00, members).
Publication Type: ERIC Publications; Reports - Descriptive; Guides - Non-Classroom
Education Level: N/A
Audience: Administrators; Teachers; Practitioners
Sponsor: National Inst. of Education (ED), Washington, DC.
Authoring Institution: Association for the Study of Higher Education.; ERIC Clearinghouse on Higher Education, Washington, DC.
Identifiers - Laws, Policies, & Programs: Civil Rights Act 1964 Title VII; Education Amendments 1972; Title IX Education Amendments 1972