ERIC Number: ED379736
Record Type: RIE
Publication Date: 1994-Nov
Gender Preferences in Professional Hiring.
Uerling, Donald F.; Strope, John L., Jr.
Many departments in higher education institutions actively recruit women and minority candidates for faculty positions. When a department decides that an available position should be filled by a woman, are the supporting rationales legally sound? This paper describes some basic principles of federal law that address issues of affirmative action and reverse discrimination. It discusses the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution and federal statutes, particularly, Title VII of the Civil Rights Act of 1965. Court litigation regarding affirmative action and reverse discrimination is also reviewed. Some general observations are made about the legal viability of various affirmative-action plans that extend some kind of preferences to women. Such preferences have been struck down because there was not sufficient evidence of an intent to remedy the legacy of discrimination against women. On the other hand, gender preferences have been upheld when courts found that both of the basic requirements about goals and means have been met. First, the evidence demonstrated a need to remedy the legacy of discrimination against women. Second, the preferences were substantially related to the problem sought to be remedied and did not unduly burden the interests of innocent men who were disadvantaged by the preference. (LMI)
Publication Type: Speeches/Meeting Papers; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the National Organization on Legal Problems of Education (40th, San Diego, CA, November 17-19, 1994).