Retaliation in any form can result in a range of negative consequences for those who experience it either directly or indirectly. Individuals can experience limitations in the opportunities to contribute and advance in their career, and they may feel as if their only response to the adversity is to leave the field. When an institution allows such…

Despite the Civil Rights Act and the social revolutions of the era, the term "sex discrimination" was unknown in the 1960s. Discrimination on the basis of sex was rampant in America, especially when it came to women's employment in higher education. After being turned down repeatedly for full-time teaching positions at the University of…

There is ample evidence that there still is a pay gap amongst men and women and the situation is no different if academia. Many studies have examined various types of gender discrimination in academia and two areas in particular are problematic--salaries and representation of female faculty in upper ranks of academia. This paper examines the past…

This article provides a critical analysis of microaggressions and anti-discrimination law in academia. There are many challenges for faculty claiming discrimination under current civil rights laws. Examples of microaggressions that fall outside of anti-discrimination law will be provided. Traditional legal analysis of discrimination will not end…

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…

Full text of correspondence: President Van Alstyne of American Association of University Professors (AAUP) to the Secretary of Labor in support of equal monthly retirement benefits for men and women faculty and resulting correspondence between Van Alstyne and the Chairman of the Teachers Insurance and Annuity Association--College Retirement…

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)

Section 702 of Title VII partially exempts religious educational institutions, allowing them to give employment preference to individuals of a particular religion. The conflict with First Amendment rights of sectarian schools and claims of nonsectarian schools are discussed. (MSE)

The concept of academic tenure is examined in relationship to charges that it may violate Title VII of the Civil Rights Act regarding equal opportunities for women and minorities. The author finds no reason why a well-administered award tenure system utilizing collegial judgment is inconsistent with Title VII. (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.…

A judicial opinion concerning law school violations of Title VII of the Civil Rights Act of 1964 in faculty hiring is presented. The case concerns a black candidate rejected for an entry-level tenure-track position. Issues cited include the law school's mission and stated reasons for not hiring the candidate. (MSE)

Data are presented on women in higher education, along with information on federal legislation to eliminate sex discrimination, issues concerning redressing employment discrimination, specific problems with legislative procedures and enforcement of legislation, and case studies that highlight some of the processes involved. Evidence is cited that…

In the 12 years since nondiscrimination statues became applicable to faculty employment, faculty women have had little success in winning legal redress for employment discrimination in hiring, salary, promotion, and tenure. Tenure and confidentiality, disparate treatment and disparate impact, and internal remedies are discussed. (MLW)

Argues that judicial deference to a university's denial of tenure based on an allegedly unclear accent may be unjust. Discusses: (1) the usual tenure process; (2) Title VII action and academic deference; (3) evidence that inherent bias against accents in the classroom hurts non-white instructors; and (4) proposed action for courts and…

The obligations of colleges and universities under existing laws prohibiting sex discrimination are discussed. Attention is directed to developments in the law relating to sex discrimination against employees and against students in colleges and universities, and practical and cost-efficient strategies for complying with the law. The pertinent…