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…

Proposed alternatives to the current tenure system are administratively, legally, and ethically unsatisfactory. If uncapping the retirement of faculty presents significant problems, which is not yet clear, the academic community would be better advised to explore voluntary early retirement programs and policies. (Author/MSE)

Traces the change in Federal funding policy to exclude programs, rather than institutions, which racially discriminate. Argues that this loophole, created by a Supreme Court decision in 1984, has had a devastating impact on civil rights enforcement. Explores the impact of discrimination on four types: sex, age, race, and handicap. (ETS)

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)

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…

Discusses use of age-related criteria in hiring/continued employment practices in higher education, focusing on an exception in the Age Discrimination in Employment Act allowing employment-related decisions based on "reasonable factors other than age." The language appears to allow limited use of express age criteria where the employer's…

The judicial interpretations of age as a bona fide occupational qualification (BFOQ) under the Age Discrimination in Employment Act of 1967 are examined. The applications, extension, and results of these interpretations, and alternate approaches to BFOQ analysis in age discrimination cases are discussed. (BH)

Economic underpinnings of retirement incentives and case law leading to the Older Workers Benefits Protection Act (1986) are reviewed; implications for early retirement incentives for college faculty are considered. It is concluded that congressional intent is not to foreclose such incentives and that the Age Discrimination in Employment Act…

The 1978 amendments to the Age Discrimination in Employment Act (ADEA) and their effect on college and university retirement practices are discussed. Lobbying efforts of higher education associations, an analysis of case law under ADEA prior to 1978 amendments, and major issues facing college counsel and administrators are reviewed. (MLW)

Reviews lower court developments in 1995 that applied and developed earlier Supreme Court precedents concerning employment discrimination in higher education in the areas of discrimination based on race, color, or national origin under state and federal laws; gender discrimination under state and federal law, including two cases of voluntary…