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…

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)

This analysis of the Age Discrimination in Employment Act of 1967 (ADEA) traces the issues that have emerged in litigation and summarizes the developing law, showing the implications in the university context and suggesting rules of thumb for accommodating the Act with the valid educational demands of the affected institutions. (JT)

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…

Existing regulations, case law, and limited legislative history indicate that an institution can continue to employ faculty without tenure after age 65. However, once tenure is removed, the faculty member is entitled to all the protection of the Age Discrimination in Employment Act. (MSE)

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)

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…

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)

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…

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)

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)

In enacting federal age discrimination legislation, Congress has not preempted the ability of the states to afford more protection to employees from forced retirement than the federal act provides. States with and without age discrimination laws and other sources of law are briefly discussed. (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…