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ERIC Number: EJ827356
Record Type: Journal
Publication Date: 2008
Pages: 3
Abstractor: ERIC
Reference Count: N/A
ISSN: ISSN-0190-2946
Legal Remedies for Contingent Faculty
Manicone, Nicolas
Academe, v94 n6 p32-34 Nov-Dec 2008
Almost thirty years ago, Justice William Brennan saw clearly that American higher education was coming under the same pressures to "cut costs and increase efficiencies" to which market forces were subjecting businesses. Since Justice Brennan's observation, employers generally have sought to maximize their "flexibility' by creating a contingent workforce to which they owe few, if any, long-term obligations. Like workers in many other occupations, faculty appointments are increasingly contingent and part time. By 2005, the latest year for which Department of Education data are available, 48 percent of faculty members were part time and 20 percent were full time nontenure track, while only 32 percent were full time tenured or tenure track. This fundamental restructuring of the personnel relationship has meant that the faculty has lost not only job security but also many of the common incidentals of full-time employment: health and retirement benefits, paid sick leave, and the protections of the Family and Medical Leave Act, as well as other benefits. Many contingent faculty members ask whether they can use legal theories to claim benefits that they feel have been unfairly denied them. This article focuses on some of the avenues to use in asserting a right to such benefits and provides suggestions for determining the locus of rights to which the contingent faculty member may be entitled.
American Association of University Professors. 1012 Fourteenth Street NW Suite 500, Washington, DC 20005. Tel: 800-424-2973; Tel: 202-737-5900; Fax: 202-737-5526; e-mail:; Web site:
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Civil Rights Act 1964; Civil Rights Act 1964 Title VII; Equal Pay Act 1963; Family and Medical Leave Act 1993; National Labor Relations Board v Yeshiva University