Some current controversies in the growing body of equal employment law are examined: wage comparability in the context of sex discrimination; procedural sections of the laws and related litigation; class actions by the Equal Employment Opportunities Commission; the scope of litigation; and the criteria for conferring standing on the plaintiff.…

Court litigation in which the claim (to the Equal Employment Opportunity Commission) that a faculty collective bargaining agreement violated the Age Discrimination in Employment Act is examined. Focus is on arbitration of wrongful termination cases. Conflicting judicial rationales applied in two cases are discussed, and a practical solution is…

Title IX of the Educational Amendments of 1972, Civil Rights Act of 1971, designed to ensure equal educational opportunity for men and women, is reviewed as it pertains to college athletics. Related litigation and National Collegiate Athletic Association efforts to promote compliance are examined, an argument for excluding revenue-producing sports…

The two standard justifications for different salaries paid to male and female coaches under 1963 and 1964 civil rights/equal pay legislation must fail under Title IX of the Education Amendments of 1972, which independently prohibits gender discrimination in employment and mandates equal athletic opportunity for female students. Some suggestions…

The case of Blair vs. Washington State University revives the state equal rights amendment as a feasible and powerful cause of action against sex-based discrimination, in college athletics and beyond. Washington's amendment mandated equality in funding, facilities, treatment, and opportunities for Washington State University's women's…

Increased litigation in areas of indirect discrimination in higher education is expected. Indirect discrimination may manifest itself in an institution's failure to promote or grant tenure, its transfer of personnel, changes in the nature of assignments, harassment of faculty members, or other actions that ultimately cause the employee to resign.…

The 1978 amendments of the Age Discrimination in Employment Act tenure exemptions are discussed. The question of whether faculty members now serving in nontenured capacities can be dismissed on the basis of age is examined. A rebuttal to an article by Stuart H. Bompey is included. (MLW)

Introducing more flexibility into the fixed dates for termination of tenure is consistent with academic freedom and higher education's mission. However, such a policy should encourage both continuity and change, preserve job security and accountability, allow for institutional and faculty planning, comply with laws, and harmonize with a retirement…

Court litigation on sex discrimination in public agency hiring may significantly alter the balance between plaintiff and defendant in Title VII action, but its narrow view of the tone of the law may be affected more than procedure. (MSE)

The extension of Title VII to college faculty provided a mechanism for relief in cases where faculty were denied reappointment, promotion, or tenure for reasons unrelated to their job performance. The standards of review in Title VII cases and the court's role in academic Title VII cases are discussed. (MLW)

An approach is developed to evaluating an employment civil rights claim, on the theory that proper diagnosis will facilitate a more appropriate defensive strategy. The statutory basis for the claims, substance of the complaint, parties defendant, pretext, feasible alternatives, and reasonable accommodation are discussed as claim criteria. (MSE)

For each major federal antidiscrimination statute the various standards of proof adopted by the courts are reviewed. A uniform model approach is proposed as a means of eliminating confusion about the type and quantum of proof necessary in litigation. (MSE)

The Age Discrimination in Employment Act (ADEA) and its 1978 amendments are discussed. This statute protects all aged 40 to 70, and it has had a widespread effect. Although the 1978 amendments clarify several issues, there are still many questions left, including retirement issues. (MLW)

The wide range of reproductive hazards encountered by university employees in a variety of job classifications are outlined, and the legal issues raised by possible employment discrimination claims and potential tort liability for reproductive injuries are discussed. Employer responses to the problem and public policy concerns are also examined.…

An overview is given of the mechanics of dispute resolution under Title VII of the Civil Rights Act of 1964. Described and analyzed are the various stages during the processing of a dispute when settlement is possible. The effects of Bakke and Weber decisions on the process are considered. (MSE)