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ERIC Number: ED240972
Record Type: Non-Journal
Publication Date: 1983
Pages: 133
Abstractor: N/A
Reference Count: N/A
ISBN: ISBN-0-913317-07-1
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)
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
Language: English
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