How Title VII of the Civil Rights Act litigation has affected universities is reviewed. The applicability of statistical evidence in university Title VII actions and the different uses courts have made of such evidence are discussed. (MLW)

The Director of Policy Communications, Office of Civil Rights, U.S. Department of Health, Education, and Welfare (HEW) makes suggestions for implementing affirmative action plans: identify employment patterns and practices that discriminate against minorities and women, taking necessary steps to stop them, and monitor the effectiveness of the…

Reviews employment discrimination cases in higher education in 2000, which included an overwhelming number of retaliation and denial of promotion to tenure claims; case law also included age discrimination, religious discrimination, and sexual harassment issues, and a handful of wage discrimination cases. Courts also continued to explore the…

A discussion of affirmative action issues and litigation in higher education looks at college and university employment; admissions, student financial aid, and other programs unique to educational institutions; the status of racial "diversity" as a rationale for affirmative action; and the types of activities and programs likely to withstand…

Issues involved in government regulation of university employment practices are discussed: confidentiality of records, pregnancy as a disability, alleged discrimination in benefits, tests and other employment criteria, seniority and layoff, reverse discrimination, use of statistics for determination of discrimination, and the Equal Pay Act. (JT)

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)

Reviews questions posed by the draft guidelines issued in June 1974 by the Department of Health, Education, and Welfare (DHEW) for implementation of the provisions of Title IX of the Education Ammendments of 1972 requiring nondiscrimination on the basis of sex in educational programs and activities receiving or benefiting from federal financial…

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…

A plaintiff filed a complaint alleging that the University of Minnesota was engaged in employment discrimination based upon sex, national origin, and color. The Court commenced a pilot trial of the plaintiff's claims and the claims of a subclass from the university's chemistry department. The consent decree is presented. (MLW)

The writers discuss tactics and techniques they have found productive in defending a variety of claims including allegations of unequal pay, wrongful termination, refusal to hire, violations of the employer's affirmative action plan, and a refusal to grant admission to a specialized or remedial program. (Author/JT)

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)